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Water Main Easement with A&H Investments for Meridian VillageADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 5 BOISE IDAHO Oy15f07 01:38 PM III IIIIIIIIIIIIIIIIIIIIIIIIIIIIII I III DEPUTY Neava Haney RECORDED-REQUEST OF 10702~42~ Meridian Ciry WATER MAIN EASEMENT THIS INDENTURE, made this cap,, ~~ ll~ / ~7 fd7S, the artier of the day of 20~,between , r ~, f~ ~ P 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 toprovide awatermainright-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, aril 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 reps 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 construction, malting repairs, performing other maintenance or malting 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 arty 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, them, to such extent, suchright-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 EAS 11 PaB~..1..J0~ 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 signatw~es the day and year first herein above written. GRANTOR: A//~~& H Investments, L.L.C...,~ Member STATE OF IDAHO ss County of Ada ) On this ~ ~ day of J ~ ~" "` ~?"`~`~ , 20 U ;before me, the undersigned, a Notary Public in and for said State, personally appeared 1 ~ ~ ~` ~ ~S N ~ r i ~~ ,known or identified to the to be the ~.~,r. ~~ ,respectively, of the I ''" . Limited Liability Company that executed the within instrument, and acknowledged to me that such Limited Liability Company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. n~ (SEAL.°° •••' •• y '. ~ ~ NOTARY PUBJ~IC FOR IDAHO * 13 0 Tq~ ~ : Residing at ~'J'"~'~`"~=-~-( ~.~ ~' ? Commission Expires:.,-, X' 1 ~ c,Z.", d` , .~ Water Main Easement EASMTWTRMAIN P GRANTEE: CITY OF MERIDIAN C~ '' ,y, , Tammy de W yor ,'~ ~~~~ TF® ~, ~, ~ = :~'~.~ Attest by William G. Ber i Clerk ~ ,~ n Approved By City Council On: STATE OF IDAHO, . ss. County of Ada ) ~~ On this ~ ~ day of~~~~ L~` ~~ ~, 20~ before me, the un~rsig~d, 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, ata3 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 fast above written. {SEAL) ..~~••.. ;•Q~$~. -~TAR~~ • •,t . ; `. , :.~i`.~1n:c 5~1- ~• • • '3 NOTARY PUBLIC FOR IDAHO Residing at: ~l,['l /~c-, • ~ ~ Commission Expires: f G -~ % ~- ~1 ,_,_ Water Main Easement F.ASMTVVTRMAIN Page Cascade Office PO Box 188 105 N Main Street Cascade, Idaho 83611 Office: 208-382902 Fax: 208-382902 Rennison Fodrea Engineers • Surveyors • Planners Eat OfhCe 430 E. Statie St Suite 140 Eagle, Idaho 83616 Office: 208-938-2440 Fax: 208-938-2441 DATE: 01/11/07 Legal Description For City of Meridian Water Easement Project No.:1618 A water easement situated in a portion of Lot 1, Block 2, Treasure Valley Business Center Subdivision, as shown in Book 53 of Plats on pages 4,790 to 4,792 of the records on file in the office of Recorder, Ada County, Idaho, located in the northeast one quarter of Section 8, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, said water easement being graphically illustrated as Exhibit "B" attached hereto and by this mention made a part hereof and being more particularly described as follows: Commencing at a found 1/2 inch iron pin on the south right-of-way boundary of E. Fairview Avenue and marking the northwest corner of said Lot 1, thence a bearing of S 89°33'29" E, a distance of 2.60 feet on said south right-of-way boundary of E. Fairview Avenue and the north boundary of said Lot 1 to the POINT OF BEGINNING; Thence continuing a bearing of S 89°33'29" E, a distance of 20.00 feet on said south right-0f--way boundary of E. Fairview Avenue and the north boundary of said Lot 1 to a point; Thence a bearing of S 00°20'06" E, a distance of 81.34 feet to a point; Thence a bearing of S 45°20'06" E, a distance of 28.58 feet to a point; Thence a bearing of S 44°39'54" W, a distance of 20.00 feet to a point; Thence a bearing of N 45°20'06" W, a distance of 36.86 feet fio a point; Thence a bearing of N 00°20'06" W, a distance of 89.89 feet to the POIIVT OF BEGINNING; The above described easement contains 2,366 square feet more or less, and being subject to and together with any and allrights-of-way and easements of record and / or use. Modification in any way of the foregoing legal description terminates all li ..the surveyor who prepared that description oNpt (.ANA ~ 5~ ~sr ~~GL~ ~ ~ ~ l 1 "I ~~ ~q~ ~~OF 10~~ Q- ~1'J. ~S~ R:\PmjeCis\BRS A~rhiiecLS\1618\Admui\Ixgals\1618 Wa6amain FacPmPnF ~ . s .,. PROD. NO.: 1818 EXHIBIT "B.. CITY OF MERIDIAN WATER EASEMENT - - S89'33_29"E to 694.13' a ~. ~-. ~o I ~ E. FAIRVIEW AVENUE c o ~o ~°o i 2.so' --~- S89~E ~~-- 289.75' 20.00' I N N00'20'06"W I ~ Iwo I 89.89 ~ c LOT 1 BLOCK 2 ~ I ~ °: TREASURE VALLEY Ism BUSIIITBSS CENTER ~ l "`s~ LOT 2 ~~ o• N45'20'06'W~, ~~~F I 36.86' ~ ~~ ~yl o~ S44'39'S4"W N 20.00' g ,~ N 31 ZI ~I~ PLEASANT N ° SURVEY REFERENCES VALLEY $ "' SUB. ~ 1. TREASURE VALLEY BUSINESS CENTER SUBDIVISION, PAGES 4790-4792 OF I BOOK 53 OF PLATS, RECORDS OF ADA COUNTY, IDAHO. I I --~- 589~~E ~~~_ 290.00' . LOT 4 60 30 0 60 LEGEND ~~ ~ ~ ~ BOUNDARY UNE lOT 1, BLOCK 2 ADJACENT PROPERTY LINE - - STREET CENTER UNE --------EASEMENT UNE FOUND HIGHWAY MONUMENT O FOUND 5/8 REBAR ~ FOUND 1/2' REBAR ww sEMENT Rennison Fodrea, Inc. SITUATBD IN A PORTION LOT 1, BLOCK Z TREASURE E''sr.8~~aa~rs • Surveyors ~ Planaers VALLEY BUSINESS CENTER, LOCATED IN THE ra s:,ee NE I/4 OF SECTION 8, T. 3 N., R. 1 E., B.M., CITY OF ~,,,,~, ma„ ~~~ w,w MERIDIAN, ADA COUNTY, IDAHO ~ a JJ ~r~ABt 1 Meridian City Council February 6, 2007 Page 3 of 76 South Ridge Subdivision by James L. Jewett -south side of Overland Road between Linder Road and Ten Mile Road: H. Findings of Fact and Conclusions of Law for Approval: PP 06- 031 Request for Preliminary Plat approval of 224 lots including: 189 residential lots, 11 commercial /other lots and 8 Mega lots (to be developed in the future) and 16 common/open space lots on 290.87 acres in the proposed TN-C, TN-R, L-O, R-8, R-4 and R-2 zones for South Ridge Subdivision by James L. Jewett -south side of Overland Road between Linder Road and Ten Mile Road: I. Development Agreement: AZ 06-048 Request for Annexation and Zoning of 32.75 acres from RUT to a C-G zone (8.74 acres) and I-L zone (24.01 acres) for Creamline Park Subdivision by Creamline Associates, LLC -1200 West Franklin Road: J. Development Agreement: RZ 06-010 Request for a Rezone of 2.20 acres from I-L to a C-G zone for Lanark Proaertv by Ron Van Auker -Northwest Corner of Eagle Road and Lanark Street (Lots 1 & 2, Block 1 of Olson & Bush Industrial Park: K. Development Agreement: AZ 06-034 Request for Annexation and Zoning of 2.95 acres from R4 (Ada County) to L-O (Limited Office District) zones for Ashton Park Annexation by David N. Price -- 201 West Ustick Road: L. Sanitary Sewer and Water Main Easement Agreement for Sparrowliawk III by David Waldron, Douglas Keith, and Russell Curtis: M. Water Main Easement Agreement for Meridian Village by ASH Investments: N. Water Main Easement Agreement for Sevov Antiques by Paul Sevoian: O. Sanitary Sewer and Water Main Easement Agreement for Sevov Antiques by Fairview Terrace, LLC: P. Water Main Easement Agreement for Precision Log Homes by Precision Craft Log Homes: Q. Chancre Order No. 1 of Contract with JUB Engineering for Design of Water 8z Sewer Improvements in Conjunction with ACHD Ten Mile, Franklin to Cherry Project for a Cost of $5,000.00: ''~ Meridian City Council February 6, 2007 Page 4 of ?6 R. Pgf~lic Works Chanute Order No. 4 for Water and Sewer Improvements in Conjunction with the Locust Grove Grade Separation for a Cost of $56,652.00: S. Public Works Chance Order No. 2 for the Pine interceptor Sewer. /Ten Mile Sewer Proiect with Bodiford Construction, Inc. for $75,650.80: T. Task Order #0664. with Civil Survey for Design. and for $15,135.00: U. Request for Reduction in Sewer CcLnnection Fee for Bili ~ Lynn's Place at 229 West Franklin Road: V. Approve Award of Bid ! A reement for #CH-07-001 Well Abandonment to McLeran Well Drilling, LLC not to exceed $65,000.00: W. Maintenance Agreemen,~ for DI System at Wastewater Treatment Plant Lab with Siemens Water Technologies: X. Hold Harmless Agreement for Participation in Activities And / Or Use of Facilities witlj Joint School District No. 2: Y. ,A~-. prove Contract for the Canal Crossings for the Bitter Creek Lift Station and Pipelines with H2 Excavation, Inc. for $36,713.02: Z. AA. Proiect with CH2M HILL for $53,100.00: P.C. for $23,227.00: with DC Engineering, BB. Approve Contract for the Task Order 2 with HDR Engineering, Inc. for $10,000.00: Borton: Item No. 5. Consent Agenda. Bird: Mr. President? Borton: Mr. Bird. r '` Meridian City Council February 6, 2007 Page 5 of 76 Bird: I move that we approve the Consent Agenda as published and for the President to sign and the Clerk to attest on all papers. Rountree: Second. Borton: It's been moved and seconded to approve the Consent Agenda as published. Roll call, Mr. Berg. Roll-Galt: Bird, yea; Rountree, yea; Zaremba, absent; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Department Reports: A. Public Works Department 1. Broadway Water and Sewer Project Update: Borton: Thank you. Item No. 6, Department Reports. Public Works Department. Broadway Water and Sewer Project update. Radek: President Borton, Council Members, my name is Kyle Radek, I am a staff engineer in Public Works. I'm the project manager for the Broadway Avenue Water and Sewer Project. I'm here to ask for some guidance from Council. We originally specified that work in the intersections of Meridian and Main Street on Broadway would be done at night in this project and the contractor is requesting that we allow them to accomplish the work by closing the intersections on weekends. After discussions with Public Works director and ACRD staff, our conclusion is that allowing weekend closures would be safer, faster, and save us money and so 1'd like to offer this topic for discussion of the Council to see if the Council had some opinions on the closures of the roads during the weekends versus doing night work and the value of that to the citizens of the community and to offer, if appropriate, concurrence on our decision. Borton: Thank you, Kyle. Bird: Mr. President? Borton: Mr. Bird. Bird: ACRD is fine with it and I don't see anything wrong with it. I think it's probably better to do it then than at night, because you have still got traveling at night and quite a bit of lighting up, so if that will save us some money I'm for it. I don't think it will tie the traffic up too bad. Rountree: Mr. President?