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Water Main Easement with Joint School District No. 2 for Pathways Middle SchoolADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 ! BOISE IDAHO 06/29/06 02:43 PM DEPUTY Patti Thompson III IIIIIIIIIIIIIIIIIIIIIIIIIII~III III RECORDED-REQUEST OF City of Meridian 106104197 WATER MAIN EASEMENT THIS INDENTURE, made this ~ day o 20~between~ a\ 11~~~ ~~~~'tfi parties of the first part, and hereinafter called the Gran rs, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Granteetheright- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement andright-of--way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further Water Main Easement EASMT WTR MA1N.doc effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Dr. Lm a Clark, Superinten e STATE OF IDAHO ss County of Ada ) On this a.to~ day of ~p~~ l , 20 Ob, before me, the undersigned, a Notary Public in and for said State, personally appeared L-1 /i.d.o~ Gta~r(R- and known or identified to me to be the Superintendent of Joint School District No. 2 that executed the within instrument, and acknowledged to me that such entity executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ~~~ ~ ~uii~~i ~~` q ~~ . • ~C~l •'" ~ ~U~~'•. 4~'' ~orq,~ ti~~••. N ~~ AU8 GIC *; .~ •'•.'9,7'''•••.,.••'' O .•'~ ~'' ~ ~F ID ~'~:••~• ,,~~~renn~~~~~~~~ Water Main Easement NOTARY PUBLIC FOR IDAHO Residing at ~~.ltrd.C.Ct~t. , Commission Expires: 3• a 7~ D 9 MAIN.doc EASMT WTR ~~ MERIDIAN V~~ by William G. Berg, Approved By City Council On: STATE OF IDAHO, ss. County of Ada / ~~\ , T~ d _ ~i ~~ _ ~ ~~ \` t8~• ~~` x, ,. /~~~J~~~++r~ ntiS~~N+~~ 1 rJC`~~ ~~2 ~.-; , ~-a~r-~fy~',. ~~`~~ ~~'~-~«%-~ On this t~-~ day of ~ ~'ti~'~~'~-- , 20~; before me, the undersigned, a ~~Ci 1~~ ~S. Notary Public in and for said State, personally appeared- and WILLIAM G. BERG, ~ ' \\ JR., known to me to be the A and City Clerk, respectively, of the City of Meridian, Idaho, and who ex uceex ed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) Water Main Easement } .. _ ~1~~ ie~i~~Z~~~~~_. NOTARY PUBLIC FOR IDAHO ~% Residing at: /"'YZc: LG.~~r Commission Expires: lC'~~/S ---1 MAIN.doc EASMT WTR tiQiborr~ ~- uutat~ consul~n~c~ engineers & surveyors 120 N. Curtis. Rd. Boise, Idaho 83706 (208}376-8555 Fax (208) 429-9862 P.N. 2280 March 30, 2006 PATHWAYS MIDDLE SCHOOL ACADEMY NORTH WATER LINE EASEMENT DESCRIPTION A 20 foot wide strip of land for the purpose of a water line easement being a portion of the North 1/2 of the Southwest 1 /4 of Section 32, T.4N., R. lE., B.M., Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at the Southwest corner of said Section 32; thence N 00°31'04" E along the West boundary of said Section 32 for a distance of 1661.87 feet; thence leaving said West boundary S 89°38'40" E for a distance of 48.00 feet to the Southwest corner of Education Campus Subdivision as filed in Book 86 at Page 9804, Ada County Records; thence continuing S $9°3$'40" E along the South boundary of said Education Campus Subdivision for a distance of 702.29 feet; thence leaving said South boundary N 00°31' 15" E for a distance of 468.56 feet to the REAL POINT OF BEGINNING of said 20 foot wide strip of land lying 10 feet left and 10 feet right of the following described centerline: thence S 89°28'45" E for a distance of 202.80 feet; thence S 00°31' 15" W far a distance of 47.31 feet; thence N 89°28'45" W for a distance of 10.84 feet; thence S 89°28'45" E for a distance of 10.84 feet; C:~Projects~ivleridian Charter School-Locust Grove(2280)~Documents~NorthWtrEase.doc-1 ..~....~ thence N 00°31' 15" E for a distance of 47.31 feet; thence S $9°28'45" E for a distance of 51.65 feet to the point of terminus of said centerline and 20 foot Wide strip of land; ~-0 GTEA Prepared by: Todd R. Waite P.L.S. 4-5-oc~ ~rF~ pp ~i ~"' a _ R. C:lProjectsuVteridian Charter School-Locust Grove(2280)~Documents~NorthWtrEase.doc-2 Pag ~~~ ~~~ -ioa ~z~ ~~z ~~~ moan z~~ -~ -i D z~-< X A ~N zZ~ ~o ~~~ O D _~ m ~_ ~ ~ 2 z~~ ~~ D~Z ~m0 n~ -a m .___) L~ ~7 C-` N. L OCUS T GRD VE RD. ~, ' ~ N 00'31'04° E `" N 1661.87' t~ g ~: 1~ ~ ~~ m ~ ~ ~ c,+ O_ V rn I N ~~ ~ ~ ~ 9 ~9~~ tA--w~ 0 n O e' ~ Q ~~ m~ ~~ mz '-r .Z,~ .~'~. ~~ x $O w ? r- ~~ ~~ c `' _~m ~' 0 w. 0 f') n r ° rn ii N 01 ° O 0 ~ ~ C ~ ~ O ~ a C ~ ~ O O 2 Z ~ a c N 00'31'i5" E 468.56' '~ Z Z~ Z ~ GZ ~ I NI nl m ~) ~,1 -1 20' >I I I NI Z m ~ I m tl a~ I 'I °° I ~ ~~ I - J ee I L _ 47.31' I I "' I I I I LJ ~~~~ ~ ~~~ ~~~~~~~~e ~~~ engineers & surveyors 120 N. Curtis Rd. Boise, Idaho 83706 (208) 376,8555 Fax (208) 429-9862 P:N. 2280 March 30, 2006 Revised May 23, 2006 PATHWAYS MIDDLE SCHOOL ACADEMY SOUTH W~i-TER LINE EASEMENT DESCRIPTION A 20 foot wide strip of land for the purpose of a water line easement being a portion of the North 1/2 of the Southwest 1/4 of Section 32, T.4N., R.lE., B.M., Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at the Southwest corner of said Section 32; thence N 00°31'04" E along the West boundary of said Section 32 for a distance of 1661.87 feet; ' thence leaving said West boundary S 89°38'40" E for a distance of 48.00 feet to the Southwest comer of Education Campus Subdivision as filed in Book 86 at Page 9804, Ada County Records; thence continuing S 89°38'40" E along the South boundary of said Education Campus Subdivision for a distance of 564.22 fee#; thence leaving said South boundary N 00°00'00" W for a distance of 120.82 feet to the REAL POINT OF BEGINNING of said water line easement; thence continuing N 00°00'00" W for a distance of 20.00 feet; thence S 90°00'00" E for a distance of X3.90 feet; thence S 67°30'00" E for a distance of 81.23 feet; thence S 90°00'00" E for $ distance of 4.71 feet; C:1Pt+gjoctslMeridian Chazter School-Locust Grove(2Z80)~~SoathWtrFase-REV:doc-i ((~~ Pat~..1~- thence N 00°00'00" E for a distance of 10.00 feet; thence S 90°00'00" E far a distance of 10.00 feet; thence S 00°00'00" W for a distance of 10.00 felt; thence S 90°00'00" E for a distance of 1 X4.11 feet; thence N 00°00'00" E for a distance of 8.85 feet; thence S 90°00'40" E for a distance of 19.41 feet; thence S 00°00'00" W for a distance of 8.85 feet; thence S 90°00'00" E for a distance of lO.Ob feet; thence S 00°00'00" W for a distance of 20.00 feet; thence N 90°00'00" W for a distance of 162,26 feet; thence N 67°30'00" W for a distance of 81.23 feet; thence N 90°00'00" W for a distance of 19.92 feet tv the POINT OF BEGINNING; containing 5,540 square feet, more or less. Prepared by: Todd R. Waite P.L.S. C:~Proj~S~Meridi~m Chaarter schao2 Locusc c,~o~(Z28o~~noa~n~~so~adhw~Ea~-REV.cbo-2 xc~ ~ ~ -ioo mz~ ~~$ ~-<z ~~~ ~~~ -+ -~ z~-~ ~m~ x ~~ ZZ$ ~N ~~~ N z ~~o c~ ,~ ~_ 0 Cf ~~ _~ ~- 0 ~~ ~~ ~~ N. L OCUST GRD VE RD. ~, ~ N p0'31'04" E `~ N 1661.87' ~..-) C~ ~, ~ ~~ ~' o_ t~ ~ m `° t ~ $ ~ mo m ~~ zZ N ? O I Z G7 ~ N 80 00'00" W 120.82' O m 0 0 0 0 o. n D ~ r o m ~~ O ~. ~ ~ (,: ~ ~ C o n ,a ~ y ~_ O O ~ Z ~ a .d V1 ,00'OZ ~- ~,Ot . z i ~ ~$ m ~0 / / N N Q ~ ~ij 'f~ ~ ~ 4 + z ~ ~~ 4~ c'S' ~ o ~/ ~ 8~ $ ~~ ~ ~ m ,OZ I y 2 I N .r 8 ~ ~ ~~ $g Q 8) ~ ~$ _ $ $ m ~~ I ~g i ~ ~ ~ ~,. ~ ~~ . J ~o N~ L{ ~ `.,,~-~ .01y1 ~, 1 _ 1 ~- N Q ~ ~~ ~~ ~~ $$ Meridian City Council June 22, 2006 Page 3 of 37 Water Main Easement Agreement for Pathways Elementary School by Meridian School District: J. Permanent and Temporary Easement Contract for Vance and Sandra Janicek for 2006 Trunk Sewer Project: K. Change Order No. 1 for the North Slough Trunk Line with Sommer Construction: L. Ratification of Agreement consenting to security interest in lessees leasehold interest at the Lakeview Golf Course: M. Water Main Easement Agreement for Stow-It with Venga Ventures, LLC: N. Sanitary Sewer Easement Agreement for Arnke Subdivision by Meridian School District: O. 1St Amendment to Americorp Youth Coordinator Agreement between the City of Meridian and Franklin L. `Bud' Henthorn: P. Approve /Award Contract for Parks Master Pathway Plan to Alta Planning and Design: Q. Approve Contract and Scope of Work for Meridian Youth Baseball Complex with McAlvain Construction: R. Approve Contract with Recreation Idaho for the Adventure Island Splash Pad Equipment Purchase: S. SHP 06-004 Request for Short Plat approval for 2 building lots on 12.3 acres in an I-L zone for Lanark Surplus Subdivision by Meridian Joint School District No. 2 - 2311 East Lanark Street: T. Development Agreement: AZ 06-003 Annexation and Zoning of 24.03 acres from RUT to R-8 (12.31 acres), R-15 (8.04 acres) and C-C (3.68 acres) for Hiahtower Subdivision by Hightower, LLC - southwest corner of Chinden Boulevard and Jericho Road: U. Contract with Irminger Construction for Pressure Reducing Valve near the intersection of Kodiak and Stoddard: V. Resolution No. Water Master Plan Update: Meridian City Council June 22, 2006 Page 4 of 37 W. Resolution No. Sewer Master Plan Update: Borton: Item No. 5, Consent Agenda. Bird: Mr. Mayor? Borton: Mr. Bird. Bird: On the Consent Agenda, Items E, F, G and H have been asked to be continued to June 27th, 2006, and the rest of the Consent Agenda will stay as is and for -- I move that we approve it with the vice-president to sign and the clerk to attest on all papers. Rountree: Second. Borton: It's been moved and seconded to adopt the Consent Agenda as amended. All in favor say aye. Roll call? Berg: Mr. President, we will do roll call vote on the items in the Consent, any documents that may need that, if I may. Borton: Roll call on the Consent. Roll-Call: Bird, yea; Rountree, yea; Wardle, absent; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Department Reports: A. Legal Department -Bill Nary 1. Discussion of Community Recycling Fund for Solid Waste Advisory Committee for Adventure Island Playground: Borton: Item No. 6, Department Reports. Legal department, Bill Nary. Nary: Thank you, Mr. Mayor. Thank you, Mr. Mayor, Members of the Council. What you have in front of you is a request from the Solid Waste Advisory Committee for the recycling funds -- each of these projects as they come along during the course of the year are bought back in front of you for separate approvals. What's being asked here is 25,000 dollars out of recycling funds, which is less than half of the cost of the total project that's being presented. This is for the Adventure Island Playground at the Settler's Park location. This was discussed and recommended by the Solid Waste Committee to be brought back in front of you and to be funded from those recycling