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Sanitary Sewer and Water Main Easement with WH Moore for Centerpointe SubdivisionADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 18.00 F BOISE IDAHO 05/05/06 01:57 PM DEPUTY Vicki Allen III IIIIIIIIIIIIIIIIIIIIIIIIIIII III III RECORDED-REQUEST OF 10607E~9~2 Quadrant Consulting SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made thi day o , 20~between ~)~ ~~`1"~~ ,the arties of the first art and hereinafter ca11e~~Grantors and the Cit of Meridian Ada Coun 1? P ~ Y tY, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines 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 Grantee the right-of--way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, 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 and right-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 making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such 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. Sanitary Sewer and Water Main Easement EASMT SW.doc 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 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: President Secretary STATE OF IDAHO ss County of Ada ) On this ~~` day of ~o~r ~ , 20 0~, before me, the undersigned, a Notary Public in and for said State, personally appeared Iti Iylsluv, 1-~ . V,-~ hhY'~C, and known or identified to me to be the '~~si~er~-ate- ~~"s ~ that executed the within instrument, and acknowledged to me that ~~era~ie~ executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year ~~ bove written. \\``~~~~N L. GI ~i~~~~~ l ~ ,C ) ~ . •. ` ;' rIOTARy ~~; NOTARY PUBLIC FOR IDAHO *: _ ~ • ~ : * = Residing at: '~~pt S~, _ ~ ~,(1 ~n PUBLIC ~ ~ Commission Expires: b ~ - X3.2011. Sanitary Sewety~H9Njd~,~`Easement EASMT SW.doc GRANTEE: CITY OF MERIDIAN ~~f~ ~ ~ Tammy de We ,Mayor Attest by William G. Berg, r., ity Clerk Approved By City Council On: STATE OF IDAHO, ) ss. County of Ada ) ''r~~, ~ ~~ ~,, '`' O ,., ~~~ ~~ On this~day of ~ , 200 before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and William G. Berg, Jr., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed 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. •~~~~~f• (SEAL) : g~ ~ ~ ~ , r • '. • ~'J, •~~• •A~ ~ ~~~, y 25~~~ NOTARY PUBLIC FOR IDAHO Residing at: y'VL2.1 l~c~ ~ Commission Expires: f~ -/~'- ( ~ Sanitary Sewer and Water Main Easement EASMT SW.doc April 14, 2006 Page 1 of 3 ~~ ^^ Quadrant Consulting, Inc. EXHIBIT "A" SEWER AND WATER MAIN EASEMENT REVISED APRIL 14, 2006 An easement for the construction and maintenance of a sewer main and water main across a portion of the Southeast'/4 of Section 32, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, said easement being more particularly described as follows: Commencing at the Southeast corner of said Section 32, thence along the South line of said Section being the centerline of East Ustick Road North 89°44'39" West 476.88 feet; thence leaving said South line North 00°15'21" East 41.74 feet to the North Right-Of- Way line of said East Ustick Road being the POINT OF BEGINNING; thence North 00°00'00" East 52.28 feet; thence North 90°00'00" West 206.03 feet; thence North 00°00'00" East 70.80 feet; thence South 90°00'00" East 20.00 feet; thence South 00°00'00" West 50.80 feet; thence South 90°00'00" East 186.03 feet; thence North 00°00'00" East 13.00 feet; thence South 9.0°00'00" East 204.29 feet; thence North 00°00'00" East 118.22 feet; thence North 90°00'00" West 11.48 feet; thence North 00°00'00" East 20.00 feet; thence South 90°00'00" East 11.48 feet; thence North 00°00'00" East 251.71 feet; thence North 00°45'09" West 143.79 feet; thence North 90°00'00" West 10.00 feet; thence North 00°45'09" West 20.00 feet; thence South 90°00'00" East 10.00 feet; thence North 00°45'09" West 236.24 feet; thence North 00°00'00" East 126.87 feet; thence North 90°00'00" West 13.57 feet; thence North 00°00'00" East 20.00 feet; thence South 90°00'00" East 13.57 feet; thence North 00°00'00" East 294.09 feet; thence North 90°00'00" West 421.63 feet; thence South 00°00'00" West 52.62 feet; thence North 90°00'00" West 20.00 feet; thence North 00°00'00" East 52.62 feet; thence North 90°00'00" West 344.79 feet; thence North 00° 15'21" East 20.00 feet; thence South 90°00'00" East 1051.06 feet to the West Right-Of--Way line of North Eagle Road; thence along said West Right-Of--Way line ..1904 W. Overland Boise, ID 83705 Phone (208) 342-0091 Fax (208) 342-0092 Email: quadrant@quadrant.cc Civil Engineering Surveying Construction Management April 14, 2006 Page 2 of 3 ~~ ^^ Quadrant Consulting, Inc. South 00°30' 19" West 20.00 feet; thence leaving said West Right-Of--Way line North 90°00'00" West 231.56 feet; thence South 00°00'00" West 440.74 feet; thence South 00°45'09" East 400.03 feet; thence South 00°00'00" West 423.16 feet; thence North 90°00'00" West 199.99 feet; thence South 00°00'00" West 51.83 feet to said North Right-Of--Way line of said East Usitck Road; thence along said North Right-Of--Way line South 89°18' 14" West 37.30 feet to the POINT OF BEGINNING. Said easement contains 78,303 square feet or 1.80 acres more or less. ..1904 W. Overland Boise, ID 83705 Phone 1208) 342-0091 Fax (208) 342-0092 Email: quadrant@quadrant.cc Civil Engineering Surveying Construction Management o''a cV ~ -O M ~M .J41 ~C9 0.Q QLL 1~•f O Z 5 1/4 CORNER N90'000O~tY .~4~..~~ T,~ ~~. M' ' J~J L44 ~ o O N N N to ° O h o O N ° ~ o N'1 ~ += .- S O N ~ ~ .- S 0 o 0 .- g 0 N ~ rf .- ~ 0 (V ~ M9 . - ~ N +ff ~ N N 5 0 N 8 0 N ~ ~ iA ~ h. M fal W W s ~ n W a ~ . ~ s Z f " a ~ ^ .. ~ p g ~ ^ ~ O • o O • ^ . . M ~ §§l O G O pp O O ~ pQpp O p p Q O g p 0 v ~ ~ N O Z er N =1 Z N N Z Z Z Z Z 2 Vl V1 W Z O .- W NN fA N O M ^ M J N M ~ ~Q' M ~ M ~G M h r7 J c0 Nf J 01 t7 J O .f J ^ t J N d' J ~ J d d J h '+F J OD d~ J T ~f'. J J J J J J J J J J J . ~~ { a g A {,~ O ~~ °/ N p N O_ O IO ~ "~ ~ 2 ~~ ~ ~ ~ ~ ~ I~~ ~ ~~ Sr ~~ o ~ a _ ~^ o o0 0©~ +e6.os roa-~ 24' 1T1.'i..rs~~r .4 N90'00'00'Y1 206.W~ ~ e~9aoo~ootir ,94.99' ... ..- ~ 4 ~_ _._ _..._ __ 891..25` 4t.74~'~1^E 476.88• ~~ BASIS 0~ SEARING _~ ~ 5 4 N 89'44'39" W 2858.46' ~ EAST USTICK ROAD POWT OF BEGfNNtNG ,~ 1/4 CORNER S2 ~ 33 da vo ~~ a -- Meridian City Council April 25, 2006 Page 3 of 43 Item 5: Consent Agenda: A. Approve Minutes of April 11, 2006 City Council Regular Meeting: B. Findings of Fact and Conclusions of Law for Approval: AZ 05- 056 Request for Annexation and Zoning of 6.08 acres from RUT to TN-R and 4.07 acres from RUT to C-C zone for Harks Canyon Creek Subdivision by JBS Enterprises, LLC - 1845 West Franklin Road: C. Findings of Fact and Conclusions of Law for Approval: PP 05- 058 Request for Preliminary Plat approval of 29 residential lots, 7 commercial lots and 7 common lots on 10.15 acres in proposed TN-R and C-C zones for Harks Canyon Creek Subdivision JBS Enterprises, LLC - 1845 West Franklin Road: D. Findings of Fact and Conclusions of Law for Approval: CUP 05-051 Request for a Conditional Use Permit for amixed-use development within 300' of a residence for Harks Cannon Creek Subdivision JBS Enterprises, LLC - 1845 West Franklin Road: E. Findings of Fact and Conclusions of Law for Approval: AZ 05- 061 Request for Annexation and Zoning of 9.55 acres from RUT to C-G zone for Una Mas by Una Mas, LLC - 3475 East Ustick Road: F. Resolution No. 06-515 Authorizing Donation of Surplus Computer Equipment to Meridian Boys and Girls Club: G. Resolution No. 06-516 Revising the Hiring and Recruitment Policy (2-1-6) of the City of Meridian Police Department Policy and Procedures Manual: H. Resolution No. 06-517 Ratifying Council's Approval of the Building Department Fee Changes for Re-Inspections; Temporary Power Poles /Construction Services; Residential Electrical Permits; and Hot Tubs, Swimming Pools and Other Spas: I. Water Main Easement Agreement for Marcon Office and Shop with Martin Swigert, LLP: J. Sanitary Sewer and Water Main Easement Agreement No. 1 for Centerpointe Subdivision with WH Moore: K. Sanitary Sewer and Water Main Easement Agreement No. 2 for Centerpointe Subdivision with WH Moore: Meridian City Council April 25, 2006 Page 4 of 43 L. Water Main Easement Aqreement No. 3 for Centerpointe Subdivision with WH Moore: M. Sanitary Sewer and Water Main Easement Aqreement No. 4 for Subdivision with WH Moore: O. Award of Bid for Parkway Subdivision Pressure Irrigation Interconnect to Mike Rice Construction: P. Aparove Beer. Wine. and Liauor License Renewals: Albertson's #164 -Beer & Wine Albertson's #180 -Beer & Wine Andrade's -Beer & Liquor Double D Home 8~ Ranch -Beer & Wine Epi's A Basque Restaurant -Beer & Wine Fiesta Guadalajara -Beer & Liquor Jack in the Box Quick Stuff -Beer 8~ Wine Johnny Carino's Country Italian -Beer & Liquor Louie's Pizza & Italian Restaurant -Beer & Liquor Red Robin -Beer & Liquor Sa Wad Dee Thai Restaurant -Beer & Wine St. Lukes Medical Center -Beer & Wine Smokey Mountain Pizza & Pasta -Beer & Wine Texas Roadhouse -Beer & Liquor Tony Roma's -Beer & Liquor Q. Temporary License Aqreement with ACHD for Gateway Art Project: R. Contract Agreement for Consulting Services for a Classification and Compensation Project to Provide Professional Human Resources Consultative Services between the City of Meridian and BDPA, Inc.: De Weerd: Okay. Next item. Consent Agenda. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move we adopt the revised Consent Agenda with the deletion of Item N. Rountree: Second. Meridian City Council April 25, 2006 Page 5 of 43 De Weerd: Okay. The motion is to approve the Consent Agenda with the change as noted. Any discussion? Bird: And the clerk to attest. De Weerd: Is that Mayor to sign and Clerk to attest? Wardle: That is for the Mayor to sign and the Clerk to attest. And Resolution No. 06- 515, 06-516, and 06-517, Item F, G and H. De Weerd: Okay. Thank you, Mr. Wardle. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Fire Department -Ron Anderson 1. Budget Amendment for Regional Fire Act Grant to Purchase 700mhz Vehicle Radios: 2. Budget Amendment for Fire Act Grant to Purchase Handheld Radios, S.C.B.A, Fire Shelters and Fitness Evaluation Equipment: 3. Budget Amendment for Idaho Fire Chief's License Plate Grant used to Purchase Audio /Visual Equipment for Fire Safety Center: 4. Budget Amendment for Homeland Security Grant to Purchase Critical Infrastructure Protection; Security Gates for Wastewater Treatment Plant, Night Vision Goggles for Police Department and Lock Security System for Fire Department Vehicles: 5. Budget Amendment for Full Time Public Education Specialist: De Weerd: Thanks. Item 6. Our Department Reports. We will start with Chief Anderson with the Fire Department. Anderson: Thank you, Madam Mayor and Council. What I have tonight is a request for five budget amendments. We have been saving them up for you all year, so we could hit you at once. Fortunately, four of these are for grants that we have received and a