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Water Main Easement with Pennwood III, LLC for Newton's Nook SubdivisionAOA COUNTY RECORDER ~. DAVID NAVARRO AMOUNT .00 i BOISE IDAHO 02102/06 01:57 PM RECORDEDa1tREQUEBT OF ~~~ IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III City of Meridian i ~r~~ 17i'~~~ WATER MAIN EASEMENT THIS INDENTURE, made this %~ day of ~tiL,tis~20~5 between ~~4,/ yo" A 1~ EL('i ,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 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, inconsideration 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 effect and shall be completely relinquished. Water Main Easement EASMT WTR Page~L 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: ~~~ ~n -~,~ / ~esid~rit rvt r7ti c3r~L n.~ woc~G4e- Secretary STATE OF IDAHO ) ss County of Ada ) On this ~~~ day of ~~ , 20~, before me, the undersigned, a Notary Public in and for said State, personally a~eared '~~R~~S `'` ~S1Jt,~)-C~1'~ 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 wri::e~ ~~~~~~~• (SEAL); ~' ~ ~; : NOTARY P~~IBLIC FOR ID H ' • Residing at ~Cl l~(~~ ~ ~ - r~ ~, 1 ', ; ,~ Commission Expires: ld - ~1 " ~ ~j ' ~~ i ~G, ,.. ~;. A~rgi,~ r'9~ OF ~~~~ ~~~~~••~ Water Main Easement EASMT WTR ;n,~ Pages. GRANTEE: CITY OF MERIDIAN `\```````~~~1Hl1l11I1l1//~~~~~'~i ~ '~~ ~~i Tammy de eeid, Ma r ~ T~ ~'~, ~ p y by William G. Berg, Approved By City Council On: nip STATE OF IDAHO, . ss. County of Ada On this ~,~) day of ~ '1~, ' ~ ~;, ~' , 200~before me, the undersigned, a Notary Public in and for said State, personal y 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. (SEAL) • _.~~:~ • • ~; NOTARY PUBLIC FOR IDAHO Residing at: ~~t,C ~,~~G, <_~~~ Commission Expires: ~ ~~ -- ~ S - ~ l Water Main Easement EASMT WTR P..A~..1frL . ~~ ~f CIVIL AND STRUCTURAL ENGINEERING AND LAND SURVEYING EXHIBIT A City of Meridian Waterline Easement for Newton's Nook Subdivision Job No. 05007 9/14/2005 Land in Lot 10, Block 1 of Troutner Park Subdivision, as per the Plat thereof, in Book 75, at Pages 7762-7764, Ada County Plat Records, within the NE1/4 of Section 13, T3N, R1 E, B.M., City of Meridian, Ada County, Idaho, described as follows: COMMENCING at the Northwest Corner of said NE1/4 (North 1/4 comer of Section 13), marked by a brass cap as per corner perpetuation record, Inst. No. 98117248; thence, along the North Line of said Section 13, South 89°15'42" East, 966.57 feet; thence South 00°52'49' West, 45.00 feet, to the Northeast Corner of Lot 1, Block 1 of said Subdivision; thence along the boundary of said subdivision, the following three (3) calls; 1. South 00°52'49' West, 568.80 feet; 2. North 71°25'40" East, 317.12 feet; 3. South 00°52'45" West, 802.35 feet, to the Northwest corner of said Lot 10, and to a set 5/8 inch rebar with a plastic survey cap marked "PLS 10782"; thence along the North Line of said Lot 10, South 89°10'56" East, 323.02 feet, to a set 5/8 inch rebar with a plastic survey cap marked "PLS 10782"; thence, continuing, South 89°10'56" East, 2.00 feet, to a point on the westerly right-of--way of SW 5`h Avenue and the Northeast corner of said Lot 10; thence, along said right-of-way, South 00°53'16" West, 238.80 feet, to the Southeast comer of said Lot 10; thence North 89°06'44" West, 2.00 feet, to a set 5/8 inch rebar with a plastic survey cap marked "PLS 10782", a witness corner; thence, continuing, North 89°06'44" West, 114.15 feet, to the POINT OF BEGINNING; thence the following 26 (twenty-six) calls: 1. North 89°06'44" West 20.00 feet; 2. North 00°53'32" East 9.83 feet; 3. North 32°51'28" West 32.40 feet; 4. North 00°53'32" East 37.76 feet; 5. North 89°06'36" West 48.32 feet; 6. North 00°53'24" East 6.00 feet; 7. South 89°06'36" East 48.32 feet; 8. North 00°53'32" East 57.00 feet; 9. South 89°06'36" East 12.00 feet; 10. North 00°53'32 " East 20.00 feet; 11. North 89°06'36 " West 60.62 feet; P:VGT\Newton's Nook\Drawings\Survey\EXHIBIT & DESC\05007 Easement Lega1.DOC ~4'~~ . ~ m2E i i lh,. -3'r.tiaa 21 ~~ '~~~,~~FVWEYF~~MGG~ ~w~ ~~~ii~yW CIVIL AND STRUCTURAL ENGINEERING AND LAND SURVEYING 12. North 00°53'24" East 6.00 feet; 13. South 89°06'36" East 111.24 feet; 14. South 00°53'24" West 6.00 feet; 15. North 89°06'36" West 39.61 feet; 16. South 00°53'32" West 20.00 feet; 17. South 89°06'36" East 20.31 feet; 18. South 00°53'24" West 20.00 feet; 19. North 89°06'36" West 23.31 feet; 20. South 00°53'32" West 37.00 feet; 21. South 89°06'36" East 42.61 feet; 22. South 00°53'24" West 6.00 feet; 23. North 89°06'36" West 42.61 feet; 24. South 00°53'32" West 31.70 feet; 25. South 32°51'28" East 32.40 feet; 26. South 00°53'32" West 15.89 feet; to the POINT OF BEGINNING. ;~ K c ii, r ~~~ ,~,~t' ~~G1 ~~d ~~ o G, ~/1~7 eb G v ~ Y ~ G. ~I' ..:: _. ~_~~- G' P:UGT1Newton's Nook\Drawings\Survey\EXHIBIT & DESC\05007 Easement Lega1.DOC 14',~'~~ ~t'('<~4L€t`i:'~'i1~~i,1~:;33~,riP26..CF``.C-~3IYI F^FO mII~ ~Ti N~v t7~t7 r~ - FRANKLIN SQUARE SUB ~ ~ ~ ~ a ~ N _00'52'45" E (soo•oa'v'W90> 185.83'b) _ m ^ 902.35' (902.94')(1) '4 _.__.__.__.__.__.__.__.__. a _00_$]'f5'[_S_.__.___ W. PENWDOD ST. G Op ~^ 104.9]' )(t) ~ RICHT OF WAV(t) ~ b 4 ~(500'09'2]w Z u O NW Sl'45'E(1)52.5)'(1)O q o 1 ~` ~' 'E /N _ -_ _ NO 52'45 _ 52.57 - + ;~ I / $ ~ 9E~ 'y I ~~ o oN 1 >~ ~ °ml p~m 's %m - I vF O:I z IONi ~ ~ O I ~ ~ W ~1 Im m z 1 ~ NI ! ~ a x Irp a~~ ~~ 3 0 l 1 ,'/v 9~ z N I ~ I o(~ n 1 iti vl I I~ 6 ii t ~ C ~ I I C & o,E / n C17 p ~i i~ ~oL~ ;~. ~I , mog~ i~ ~ C ~ Z ~~ A ~ e i ti i M 4''y~ ~ ~~ iy ~ ~ 5~$ ~~ 8 y ~ [~ b y I ~4y ~I Ile Qy9P ~„j `- ~ 4yb yl I~ °cl t3 I - ~Pt ~- N 00'52'49' E613.80' (1~ g ~ ~ ~ ~ y ^!1 I . I "oaol WPPlJ:117~ AaOSJ:TIF 3).00' I ISKKM __.__.____ _-.__. _.._.._.~ r ~m el oe'Lyyd !~]a• `----------~ ~i IM I (soo•aa•3t'•W~(I) i ~ 4s.oo'(t.) .. ~ y ~ ~~ a ~y, ~_2! I I moo £ ,da t-G ~~E7 ~~° I s3o•.v:vw sw.uvw I ~o 't ~~-I+,~ C n ~ I ~n ~ Y Ly i~ ll. Xl' 1 (~- Jl.OU' -1 I C.(., I y ~ ~ ~ I m~yyM ~~ ~~ I i~T ~i i, u I x O StGea yi I. aY 1~ ~~ I ! o W qqT _I I Ito 1~el i I ~ ~~ I ~F it 9]T `- <~ °.:h I.j ~ ~ Z `, t 1, I I i 1 - Iv I X ZmZ I I 1 j~r m~~l _ v~ao I ~n vl ly m~i = I ~zy~l o N~E .~~y m I ~m I~\ I vm ul ~ ly ~ ego I nv Gm oa n ! ~_ I~nN~ g I~NNm _I °~wa c I ~Fnz o 0 L.'m'n~ .i ~-,I1,v~iaa S 00'53'16" W (saroe'sew)p> 238.80'(238.79)(1) ____________ sw sTH AVE s oo•s3'I6' w(soo•oe'sfiw)(t) /~ F~______________ ~__-__518.64'(1)___-_~, /`___~\~_ v 'o V m~ v~ 2 t" m ..__.__.__._\ Z m[n _ Tq~ \ of m[ T __ ..__.__~ __ SLBOiy~AVp4Rk \ `` y' I m r /, S`BO b'9D//PARk ~ z II i m ~ D I I i vp I m TJ v~i m~y .s€ o~ 2 H `'as'e~ p 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. I pray that you will bless their lives. 1 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 #heir families and you can bless them in the way. I thank you for people that are willing to step up to the plate and be wiling to make decisions that knowing in coming to these meetings week after week and know that a lot of folks are going to be mad at them when the meeting's over with and we give them that, that they are making decisions out of a good conscience. I pray that you will bless them with wisdom, because there are people, 1 suppose, that come to this meeting with high hopes that a decision will be made that makes their life better and how it aids them. 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. We 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 measure 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 Weerd: Thank you, Pastor Moore. Item No. 4 is tfi~e 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 I go through the Consent Agenda. We do have an Item X, which is a request for license for Nampa-Meridian Irrigation District for the Waltman Lane sewer extension, which has been okayed by the city attorney. And wire have two resolutions in our Consent Agenda, 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, which is No. 06-503. With that I move we -- I'm sorry. Yeah. Item A in the Consent Agenda would also be tabled to February 6, 2006. And with that I 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: Vd4R 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 RL1T 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 fa!rr,~y 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 x5- 042 Request for Annexation and Zoning of 9.fi3 acres from RUT ~ 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 it.5- 043 Request for Preliminary Plat approval of 29 single-fam~yy 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: 1. Water Main Easement Agreement for Seventh Dav Adventist Church: J. Streetlight Agreement for Redfeather Subdivision No. 6 by Packard Estates, LLC: Meridian City Council January 24, 2QU6 Page 4 of 55 K. Streetlight Agreement for Redfeather Subdivision No 7 by Packard Estates, LLC: L. Public Works Budget Amendment 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 Nook by Pennwood III, LLC: R. Contract to Commission Artwork for the Meridian Gateway between the City of Meridian and Sculptures by BJH, LLC: S. Contract with Dave McClaren Well Drilling for Rehabilitation and Redevelopment of Well # 17: T. Agreement for Professional Services for Wastewater Pretreatment On-Goiing Services Pretreatment Services: 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 !stated, Item A on the Consent Agenda needs to be tabled to February 6, 2006. We also have Resolution 06-501, 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:.lus# for clarification, on Item No. R, is that i1'or Main Stree# and Eagle Road or one -- or just Main Street? What's the location? De Weerd: Most immediate would be the Main Street over by KFC. Rountree: So, we wouldn't be at this point commissioning work that would be on Eagle Road? De Weerd: Not until ITD tell us we can. Rountree: Okay. De Weerd: And -- Rountree: That helps. De Weerd: -gives me a budget. Rountree: And that helps when 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-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: