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Water Main Easement with Martin Swingert, LLC for Marcon Office and ShopADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 I BOISE IDAHO 05/11/06 01:52 PM DEPUTY Bonnie Oberbillig III IIIIIIIIIIIIIIIIIIIIIIIIIIIII II III RECORDED-REQUEST OF 1~6~73887 Meridian City WATER MAIN EASEMENT THIS IIdDEN1'URE, made th day of 2fl~,(~between / I l~l.~+~ ~1~ L~ the of the first and hereinafter cared the Grantc~, and the City of 1VlcrlidAx~, County, Idaho, l 1 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 properly hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for ~ 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 ccrosideration of the benefits th be received by the Grantcns, and oar good and valuable conshleration, the Grantors do hereby give, grant and car~vey unto the Grantee the right 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 Ai, A2 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 Grant, with the free right of a~ to such facilities at any and all tirnes. TO HAVE AND TO HOLD, the saideasementandright-of-way unto the said Grantee, it's successors and assigns forever. TT IS EXPRESSLY IJIrIDEILSTOOD AND AGREED, by and be#weexr the par#~s hereto, that after construction, making repairs, performing other mainten~ce ~ making subsequent to the water 1me, 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 n~ anything placed wither >he area descrbibed in this easement that was placed there irr violation of this t. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrub or flowers within the area described for this easemcet, 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 eat hereby granted which lies within such boundary thereof or which is a part iereof, shall cease and become null and void and of no further effect and shall be completely relinquished. Water Main Easement EASMT WTR.doc Page._1._,A~.UL_ THE G RANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of dae 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: ,~„`7~t,,.r. ~v 7'ri=.._a..i Secretary STATE OF IDAHO ) ss County of Ada ) On this ~ ~ day of , 2fl before me, a undersigned, a Notary Public in and for said State, personal y appeared ~ :.mot ~~ ~ ~. and , known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ~~ ~~,j,A M ~~%. V f t,~T A9~,, N _ A =_ ~'J,'•. VgL~G '• ~O Water 1Vlain Easement ° NOTARY P_ Residing at Commission Expires: EASMT WTRdoc Page.~Df~Q.. GRANTEE: CITY OF ME AN- ~`j1y~~!!Illlr!'IrJ~ ~ g s.: r~ ~ G'~ Tammy de Weer ay r ~' ,~-= Attest by William G. Berg, ity leek %'~~} T t~,~ . ~,~ ,,? ~~~ Approved By City Council On: ~ ~ r'~r°~ ~ 'I ~ °` e~ STATE OF 1DAH0, . ss. County of Ada ) On this ~ ~~ day of ~~- (,t,~~_ , 21Nf6, 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 WTl'NESS WHEREOF, I have hereunto set my head and afthced my official seal the day and year first above written. ~~ `~ Q'SAR~ (SEAL) ~ ~ ~ ~ ~ ~ aD; ~ ~ . • ~ ~ ~ •' ~ % i ;~ `.~` ~ • • ~~~~~~ ~ • • -~~~~•• NOTARY PUBLIC FOR IDAHO Residing at: 1'~'I,~ ~-G: > c-~ ,;i ~ ~ Commission Expires: ) D - l S- l I Water Main Easement EASIVIT WTRdoc °~~~~~ Legal Description Marcon Site Fire Hydrant Easement An easement being located in SE'/a of Section 11, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a brass cap monument marking the southeast corner of Section 11 from which a brass cap monument marking the northeast corner of said SE '/a bears N 01'43" E a distance of 2646.05 feet; Thence N 0°31'43" E along the easterly boundary of said SE ~/a a distance of 1335.77 feet to a point; Thence leaving said easterly boundary N 89°28'17 W a distance of 794.53 feet to the POINT OF BEGINNING; Thence N 89°00'18" W a distance of 10.00 feet to a point; Thence N 1°34'53" E a distance of 5.88 feet to a point; Thence S 89°06'45" E a distance of 10.00 feet to a point; Thence S 1°34'53" W a distance of 5.90 feet to the POINT OF BEGINNING. This parcel contains 59 square feet and is subject to any other easements existing or in use. Clinton W. Hansen, PLS oNp.L LAiy~ Land Solutions, PC 5~ ~~ Q G.pL April 17, 2006 Q- 0 a 11118 ~. ~rl~-tt~6s l~2TTF o F \o ~~~2 ON W NP L.ei/1~OII,It1017S Marcon Site L--~ v~ =~rvrn~ •~a ~o~~~ro~g Job No. 06-10 pSBe~~...w.. Legal Description Marton Site Water Meter Easement An easement being located in SE 1/s of Section 11, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a brass cap monument marking the southeast corner of Section 11 from which a brass cap monument marking the northeast corner of said SE '/a bears N 0°31'43" E a distance of 2646.05 feet; Thence N 0°31'43" E along the easterly boundary of said SE'/a a distance of 1336.60 feet to a point; Thence leaving said easterly boundary N 89°28'17" W a distance of 896.40 feet to the POINT OF BEGINNING; Thence N 89°00'18" W a distance of 10.00 feet to a point; Thence N 1°28'18" E a distance of 10.30 feet to a point; Thence S 89°00'18" E a distance of 10.00 feet to a point; Thence S 1°28'18" W a distance of 10.30 feet to the POINT OF BEGINNING. This parcel contains 103 square feet and is subject to any other easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC April 17, 2006 ~~F-4 t t~ t "~ ~'2 ~'~~olutions Lantl Sunnying antl ConsuMng ONpL LANO S~~G ~ Q G~~ 0 a ~ 1~~C7 ~ ~ ''1111~oG~ l~2TTF 0 F `o ~~~2 oN W NP Marton Site Job No. 06-10 ~~e~~L WATER AND FIRE HYDRANT EASEMENTS LOCATED IN THESE 1/4 OF SECTION 1 1, T3N, R 1 W, BM, CITY OF MERIDIAN, ADA COUNTY, IDAHO S 89'28'17" E_ 896.40' L3 ~ -, ~r L7 L1 L L5 POINT OF BEGINNING MARCON LANE 1/4 PINE STREET 0 ~o low co ~ co 0 N Z J `r w _ 794.53' _ S 89'28'17" E WM EASEMENT POINT OF BEGINNING FIRE HYD EASEMENT z /' I w~ I m ~ ^ ~ ~ ~ M ~~ I o0 M ~ _ ZN I ro 11 12 FRANKLIN ROAD 14 113 LINE TABLE LINE LENGTH BEARING L1 10.00' N 89'00'18" W L2 10.30' N 1'28'18' E L3 10.00' S 89'00'18" E L4 10.30' S 1'28'18" W L5 10.00' N 89'00'18" W L6 5.88' N 1'34'53" E L7 10.00' S 89'06'45" E L8 5.90' S 1'34'53" W 0 20 40 80 L~r~~ ~~~~~~r~s Land Surveying and Consulting 231 E. 5TH ST., STE. A MERIDIAN, ID 83642 X208' 288-2040 (208) 288-2557 fax www.landsolutions.biz P te. City of Meridian, Public Works Engineering ~~~~~~` ~~fe~~~'se ~/e/f~o MAY 15 2006 iCity of Meridian Toe Tara Green City Clerk Office ~rorrie Karie Glenn CC: Dabee 5/12!2006 Rae Original /Recorded Does for Vault 106073887 4/25/2006 WATER Martin Svvingert Lt_P Marton Office ~ Shop easement From the desk d... Kane A Caknn Qept• Speciaist Supervisor PubNc Works: Engineering Divfeiort 860 E Watertower Ste 200 Meridren, Idaho 83642 2800 (2D8} ~8-5600 Fax: (208) 899-9551 ~ Page 1 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 Cannon 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 Canvon 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: 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. Aaarove Beer. Wine, and Liauor License Renewals: Albertson's #164 -Beer & Wine Albertson's #180 -Beer & Wine Andrade's -Beer & Liquor Double D Home & Ranch -Beer & Wine Epi's A Basque Restaurant -Beer & Wine Fiesta Guadalajara -Beer & Liquor Jack in the Box Quick Stuff -Beer & 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 ACRD for Gateway Art Proiect: 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