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Water Main Easement with GRH Ten Mile, LLC for Halker PropertiesADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .OD 7 BOISE IDAHO 02102106 01:57 PM DEPUTY Patti Thompson III IIIIIIIIIIII IIIIIiI IIIIIIIII I II III RECORDED-REQUEST OF 1~36Q17E~6? City of Meridian WATER MAIN EASEMENT THIS INDENTURE, made this ~ day of , 200 between GRH TEN MILE LLC, an Idaho limited liability com y, and ALKER PROPERTIES LLC, an Idaho limited liability company, collectively the parties of the first part, and hereinafter called the Grantors, 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 proved 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 grant unto Grantee an easement for the construction, operation, and maintenance, and repair, replacement of a water main 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 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. Notwithstanding anything contrary to the foregoing, Grantee shall not unreasonably interfere with any operations of the Grantors on the premises. TO HAVE AND TO HOLD, the said easement unto the said Grantee, it's successors and assigns forever. Page 1 P:\69200 Ten Mile & Cherry Lane -Meridian, ID\02400 Easements\Water Main Easement.doc ~~ 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 existing 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 state herein. Notwithstanding anything contrary to the foregoing, asphalt paving, sidewalk and other typical site area improvements are acceptable within the area described for this easement. THE GRANTORS hereby covenant and agree with the Grantee that should any part of this easement hereby granted shall become part of, or lie within the boundaries of any public street, then to such extent, such 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 grant said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever claiming by, through or under the Grantors. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. Page 2 P:\69200 Ten Mile & Cherry Lane -Meridian, ID\02400 Easements\Water Main Easement.doc GRANTORS: GRH TEN MILE LLC, an Idaho limited liability company GRANTEE: CITY OF MERIDIAN -i~~ G wki ,Manager Tammy de HACKER PROPERTIES LLC, an Idaho limited liability company By: Its: Manager Mayor Attest by William G. Approved by City Council On: r~~~., ~ ~% „~~, r F ', 0 ~., ~, ~, T ~~ ,'` .~ ~P ~` .~ ~~~h~ii~~ r~~NN~~\``\`\` Page 3 P:\69200 Ten Mile & Cherry Lane -Meridian, ID\02400 Easements\Water Main Easement.doc STATE OF IDAHO County of Ada ss. On this ~~ day of December, 2005, before me, a Notary Public, in and for said State, personally appeared Gary R. Hawkins of GRH TEN MILE LLC, an Idaho limited liability company, known or identified to me to be the Manager of the limited liability company that he executed the within instrument, and acknowledge to that such limited liability company the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ,~~o t Y J . p~ •. ~ `~ ~mwk~~~• ~~ ~~~i ,~pT ~R }- ~• x• '~ pUgL1G .• ••••.9T8 OP 19Ap STATE OF IDAHO County of Ada ss. Notary Public fo 0 Residing at: Boise, ID My Commission expires: Lo~ 1 •Zs~l C7 On this ~ Z. day of December, 2005, before me, a Notary Public, in and for said State, personally appeared Gary R. Hawkins of HACKER PROPERTIES LLC, an Idaho limited liability company, known or identified to me to be the Manager of the limited liability company that he executed the within instrument, and acknowledge to that such limited liability company the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public aho ;~ ~oTARr ~; ~: Residing at: Boise, ID *' ~ ~•~ _ * e My Commission expires: Co ~ 1 •'Z~ I =L• AUBLtG ~ ~~ ~~. 9 .•' Page 4 P:\69200 Ten Mile & Cherry Lane -Meridian, ID\02400 Easements\Water Main Easement.doc ~~ STATE OF IDAHO County of Ada ss. On this ~ day of ~'~'1l~GJlr~200~ ,before me, a Notary Public, in and for said State, personally appeared AMMY 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. ~...... .,Qn.~ . ~ 1 \J g. ~ ~~ ~ ~i ~VL~ • Notary Public for Idaho Residing at: ~~~ ,~,~;~G~ - 1~ '~~.~~~ ~ ~ ~ My Commission expires: I 0 -15 ~ l ~ ~~ ~ ~,p~~ ~'`•~ .• Page 5 P:\69200 Ten Mile & Cherry Lane -Meridian, ID\02400 Easements\Water Main Easement.doc I M~AF-#O SURVEY ~~0~~ Project No. 05-021 DESCRIPTION FOR CITY OF MERIDIAN WATER LINE EASEMENT SEVENTH DAY ADVENTIST CHURCH 1450 East Watertower St. Suite 150 Meridian, Idaho 83642 Phone (208) $46-$57C?' Fax {208)'.884-5:399 December 20, 2005 A water line easement located in the SE1/4 of the SE1/4 of Section 4, T.3N., R.1 W., B.M., Ada County, Idaho more particularly described as follows: Commencing at the SE corner of said Section 4 from which the E1/4 corner bears North 00°17'10" East, 2651.21 feet; thence along the East boundary line of said Section 4 North 00°17'10" East, 841.51 feet to the REAL POINT OF BEGINNING; thence leaving said East boundary line North 89°54'01" West, 159.92 feet; thence North 00°05'59" East, 35.96 feet; thence South 89°54'01" East, 25.68 feet; thence South 00°05'59" West, 15.96 feet; thence South 89°54'01" East, 134.30 feet to a point on the East boundary line of said Section 4; thence along said East boundary line South 00°17'10" West, 20.00 feet to the REAL POINT OF BEGINNING, containing 3,609 square feet, more or less. Prepared by: Idaho Survey Group, P.C. ~`7~9 ~,, ~zl~l~s , ~~,14rE a~ Boa c~~RY G. Gp Gregory G. Carter, P.L.S. S:\ISG Projects\Hawkins-Black Cat (05-043)\Documents\WATER LINE EASE DESC.doc p~ EXHIBIT A y ~ ~ ~ ~ ~ ~ D~ s r-__---___--N 00'17'10' E 411_34----------, ~ i ~ I~, y S ~ I NO~ mz I I ~ b ~~ b Do~~ ~ 0 I nZ=~ ~ nom ~ m i I O to = I ~ ~ rvc-irn~ b o0 _, ~ o~?~ ~ m~ ~ `~~~ ~y ~,l of ~ ~; D~°~ ~I ~ ~ °~ , y ~ ~ I N 00'06'SC E I Y ~ 1 I I ' o ~ ~ s~ m ~ ~~ I~ ~ ~ ~ ~ ~~ ~~,n ~I ~ $ + ___ esa.an' __ _~_ m ~_ ' _~-__ f04.?5 __-_ __-__-__-_~-'-___ f0l6.SC H Y' to •''•••.., N. BLACKCAT ROAD S 00`17'10' W 411.34' 'o $ ~ $w p w'{. y T ................ P g . ................... § '9ASIS OF BE.ARINGS ........................ x omr~r E ns,.m• ~ ~ O ~ 2 ~ p~q~ ~~~ ~~'ys ~ ^J .~ ~D~ N ~ ~ ~~ ~ ~ G7 "+~`~ ~ i o ,v ~ N~ y~7.1~~~ ~ ~ A ~ o m AD~m p D m 2 ~ O ~ w ' N ~ EXHIBIT B ~~ ~ Meridian City Council January 24, 2006 Page 2 of 55 leaders and on behalf of all of the citizenry tonight, God, it has fallen my place to thank you for that. 1 pray that you will bless their lives. I thank you for the hours that they give way beyond what they are fairly paid from our tax dollars for their service, for many that are volunteers here tonight, God, are affected. It looks to me like, God, from the turnout tonight that there isn't that many controversial things on the agenda or there would probably be more people in these chambers. So, I kind of pray tonight that maybe the meeting will go swiftly and they can get home to their families and you can bless them in the way. 1 hank you for people that are willing to step up to the plate and be wiling to make de~sions that knowing in coming to these meetings week after week and know that a lot of ~Iks are going to be mad at them when the meeting's over with and we give them that„ tfiat they are making decisions out of a good conscience. I pray that you wil! bless them tenth wisdom, because there are people, I suppose, that come to this meeting with high hopes that a decision will be made that makes their life better and how it aids Yhem. I pray for just good judicial judgment in this meeting tonight. Father, again, thank you for the privilege of living in this place. We pray that you would bless our future. '~iY'e are a rapidly growing community, more so than just about anyplace in this nation„ and that brings us both blessings and problems. So, give these folks an extra meas~e of wisdom tonight to sort that out just a little bit more for your glory and for your kingdom's sake, in Jesus' name, amen. Item 4: Adoption of the Agenda: De Weerdl: Thank you, Pastor Moore. Item No. 4 is the Consent Agenda - I mean adoption of the agenda. Mr. Bird. Bird: Thank you, Madam Mayor. We do have an addition, which I will also go through when 19© iil~~ough the Consent Agenda. We do have an Item X, which is a request for license for ~arrapa-Meridian Irrigation District for the Waltman Lane sewer extension, which has been okayed by the city attorney. And we have two resolutions in our Consent Amanda, 06-501 and 06-502. In our regular agenda, Item No. 14, an ordinance„ has been asked to be continued to February 6, 2006. And Item 13 is a resolution, rr~hich is No. 06-503. With that I move we -- I'm sorry. Yeah. Item A in the Consent Ada would also be tabled to February 6, 2006. And with that 1 move that we approve the revised agenda. Rountree: Second. De Weerd: Okay. We have a motion to approve the agenda as amended. Is there any discussion? All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Tabled from January 17, 2006: Development Agreement: AZ 05-017 Request for Annexation and Zoning of 137.96 acres from Meridian City Council January 24, 2006 Page 3 of 55 RUT to R-8 zone for Messina Meadows Subdivision by Tuscany Development, Inc. - on South Eagle Road between East Victory Road and East Amity Road: B. Approve Minutes of January 10, 2006 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Approval: VAR 05-025 Request for a Variance to UDC 11-3E.4.C.1 to exceed maximum structure size for a temporary sales trailer in the R-4 zone for Redfeather Estates No. 2 by Packard Estates Development, LLC - 4132 East Race Street: D. Findings of Fact and Conclusions of Law for Approval: AZ 05- 046 Request for Annexation and Zoning of 31.72 acres from RUT to R-4 zone for Estancia Subdivision by Gemstar Development, LLC -1990 East Amity Road: E. Findings of Fact and Conclusions of Law for Approval: PP 05- 049 Request for Preliminary Plat approval of 103 single-family residential building lots and 7 common lots on 31.72 acres in a proposed R-4 zone for Estancia Subdivision by Gemstar Development, LLC -1990 East Amity Road: F. Findings of Fact and Conclusions of Law for Approval: AZ 05- 042 Request for Annexation and Zoning of 9.63 acres from RUT to R-8 zone for Medford Place Subdivision by Dyver Development, LLC - 3335 South Eagle Road: G. Findings of Fact and Conclusions of Law for Approval: PP 05- 043 Request for Preliminary Plat approval of 29 single-family residential building lots and 8 common area lots on 8.57 acres in a proposed R-8 zone for Medford Place Subdivision by Dyver Development, LLC - 3335 South Eagle Road: H. Findings of Fact and Conclusions of Law for Approval: CUP 05-044 Request for approval of a Conditional Use Permit for a Planned Development for Medford Place Subdivision that includes reductions to the minimum requirements for lot size and street frontage by Dyver Development, LLC - 3335 South Eagle Road: I. Water Main Easement Acreement for Seventh Day Adventist Church: J. Streetlight Agreement for Redfeather Subdivision No. 6 by Packard Estates, LLC: Meridian City Council January 24, 2006 Page 4 of 55 K. Streetlight Agreement for Redfeather Subdivision No. 7 by Packard Estates, LLC: L. Public Works Budget Amendmen# for South Area Treatment and Lift Station Proiect: M. Change Order No. 1 for the Black Cat Lift Station with JC Constructors, Inc.: N. Permanent and Temporary Easement Contract for the Pine Interceptor Sewer Project: O. Temporary Construction Easement Agreement for Waltman Lane Sewer Extension at Ten Mile Creek: P. Sanitary Sewer Agreement for Waltman Lane Sewer Extension at Ten Mile Creek: Q. Water Main Easement Agreement for Newton's hook by Pennwood III, LLC: R. Contract to Commission Artwork for the Meru Gateway between the City of Meridian and Sculptures by 8.liH, LLC: S. Contract with Dave McClaren Well Drilling for Rehabilitation and Redevelopment of Well # 97: T. Agreement for Professional Services for Wastewater Pretreatment On-Going Services Pretreatment Serviices: U. Resolution No. 06-501 :Destruction of Records -Old Election Ballots: V. Resolution No. 06-502 (Destruction of Records -Old Prosecution Records: De Weerd: Item 5, Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: As 1 stated, Item A on the Consent Agenda needs fio be tabled to February 6, 2006. We also have Resolution 06-50'[, 06-502 and we have an addition, which is Item X, which is a request for license with Nampa-Meridian Irrigation District for Waltman Meridian City Council January 24, 2006 Page 5 of 55 Lane sewer extension. All these have been properly signed, are waiting for the Mayor to sign and the Clerk to attest, which is part of my motion. De Weerd: Do I have a second? Wardle: Second. De Weerd: Okay. Motion by Mr. Bird, Second by Mr. Wardle. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Just for clarifion, on Item No. R, is that for Main Street and Eagle Road or one -- or just Main Street? il1-hat's the location? De Weerd: Most immediate would be the Main Street over by KEC. Rountree: So, we wouldn't ~+e at this point commissioning work t#aat would be on Eagle Road? De Weerd: Not until ITD tee us we can. Rountree: Okay. De Weerd: And -- Rountree: That helps. De Weerd: -gives me a beget. Rountree: And that helps v~ien you get a budget. De Weerd: Yeah. Rountree: Okay. Thank you. De Weerd: Uh-huh. Any other questions? Thank you. Mr. Berg, will you, please, call roll. Roll-Calf Sird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALl_ AYES. Item 6: Department Reports: