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Water Main Easement with TQ Silverstone Way, LLC for Candlewood Suites (2)ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 5 BOISE IDAHO 02101107 01:43 PM DEPUTY Neava Haney RECORDED-REQUEST OF III IIII'I'III~I~~Illll'll'llll'I'I Meridian City WATER MAIN EASEMENT THIS INDENTURE, made this / / day of J~An1 , 20~between i Q SiLdE~S ~oN~ w~ ~ ~ ~e 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, 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 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 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, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adj acent 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 PaB~_..A#._~.1. 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: ,~~ ~it~E~ZSio~/C GJAY. LCC _-~ ,`/ ~,, ~~ ,2oBE~T M ui,J.~l MAunC;Eixl~r ~t/Ey/3E~ STATE OF IDAHO ) ss County of Ada ) On this ~~ ~~ day of Ica ~ ~~.~ y , 20 b7 before me, the undersigned, a Notary Public in and for said State, personally appeared "~ c~~E-~-~ m Q ~ ~ ~ r ~ 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. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ~~ _`~~ 4~ (SEAL) NOTARY PUBLIC FOR IDAHO Residing at Y~ ~ cl.dl ebb r i-~~~ Commission Expires: JU 1 T~ ~ ' %~ ~ ~' DEBBIE GORSKI NOTARY PUBLIC STATE OF IDAHO Water Main Easement EASMT WTR Pa88~~f,..,.L CITY OF MERIDIAN / \\\~~y~llllllll/!///// y i Tammy e rd, yor o F~ Wi iam G. Berg, Jr., City Cler ~-`-~~~' "' 1 ,~~ Approved by Council on : '! ~.~ .~ a ~~~'~ ~///dralrll~l tl~t~toe,~.~ti~e STATE OF IDAHO, ) . ss. County of Ada, ) r~ On this ~ ~ day of ~%'G~ r.~t (~- ~ ~ ,2007, before me, the undersigned, a Notary Public in and for the State of daho, personally appeared Tammy de Weerd and William G. Berg, Jr., known to me to be the Mayor and City Clerk of the City of Meridian, Idaho and who subscribed their names to 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: ~ YVLE (G~ ~-~ ~; ;r My Commission Expires: /C /~- !~ PaSe ~ of„~ Exhibit A Easement Description A watermain easement located in Section 21, Township 3 North, Range 1 East, Boise Meridian, mare particularly described as follows: Commencing at the NW Corner of Section 21, Township 3 North, Range 1 East Thence South 00°14'50" West, 1247.93 feet along West Boundary Section 21. Thence South 89°45' 10" East 354.61 feet. Thence North 00°14'50" East 158.57 feet. Thence South $9°45' 10" East 299.36 feet to point on existing utility easement. Thence along a curve to the right; Radius = 350.00' Arc = 20.93' Chord = 20.92' Chord Bearing = North 22°58' 19" West to the REAL POINT OF BEGR~TNING. Thence South 70°49'44" West 27.10 feet. Thence North 20°07' S9" West, 64.77 feet. Thence North 70°49'44" East, 31.84 feet. Thence along a curve to the left: Radius - 350.00' Arc = 64.96' Chord = 64.86' Chord Bearing = South 15°56'32" East to the REAL POINT OF BEGINNING. Area 1843.36 SF ~~ '~ 1. ~ f X ,.,~,~~~ ~~ j, ~~ Page l o~ r ~ooR coPY ~, ~V" ~~ N°--~~T t \_ L L ~- F. ~_ ~: ~- ~~ $ .. `i Pase~f. Meridian City Council January 16, 2007 Page 3 of 63 L-O zone for Ada County Highway District Locust Grove Road Pond by Ada County Highway District - 1280 North Locust Grove Road: E. Development Agreement: AZ 06-044 Request for Annexation and Zoning of 19 acres from RUT to an R-4 zone for Whitebark Subdivision by Dan Wood - 2135 East Amity Road: F. Approval of New Beer and Liquor License for Blue Ribbon Artisan's Bistro by Artisans Properties, LLC, at 1441 N. Eagle Road: G. Water Main Easement Agreement for Bridgetower Retail Buildings by Primeland Investment Group: H. Resolution No. 07-545 Appointments for Board Members and Alternates to the Valley Regional Transportation Authority: I. Resolution No. 07-546 For Review and Comment on the proposed addition of a New Public Works Fee of $25.00 for the Floodplain Development Permit Application to offset the cost of staff time and materials in processing an application for a floodplain development permit: J. Agreement to Transfer Property for 1986 Pierce/Ford Suburban Pumper Fire Engine from the Meridian Rural Fire Protection District to Boise County: K. Sanitary Sever and Water Main Easement Agreement for Doris Subdivision lots 1-3, block 2) by Seagle Three, LLC: L. Water Main Easement Agreement for Exceed Learning Center by Exceed, Inc.: M. License Agreement with Nampa Meridian Irrigation District for Pathway for Cabella Creek Subdivision: O. Water Main Easement Agreement for Candlewood Suites by TQ Silverstone Way, LLC: De Weerd: Item 5, Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council January 16, 2007 Page 4 of 63 Bird: I move we approve the Consent Agenda, which includes Item H, Resolution 07- 545 and Item No. I, which is resolution 07-546, and Item N has been asked to be pulled. And with that I move that we approve the revised agenda and for the Mayor to sign and the Clerk to attest on all papers. Rountree: Second. De Weerd: Okay. I have a motion and a second. Any discussion on this item? Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Parks Department 1. Parks and Recreation Commission Recommendation of Name of Park in Bainbridge Subdivision: De Weerd: Okay. Item 6 under Department Reports, I'll start with the Parks Department, approval of the park direction signs for roadways. Strong: Thank you, Madam Mayor, Members of the Council. In our January parks and recreation commission meeting the commission reviewed a request from the developer at Bainbridge Subdivision to change the name of the park that will be constructed in that subdivision to William Watson Park. The reason this came about is that the developer, because of the amount of the donation toward that park has naming rights to the park and was requested to look at a name that wouldn't be confusing with the subdivision name and so this is the proposed name. It was reviewed by the commission and recommended for your approval. De Weerd: Okay. Thank you, Mr. Strong. Any questions by Council? Okay. Hearing none -- Mr. Strong, are you looking for a motion to accept these signs or -- Strong: There was some discussion about whether further action is needed. I brought this item forward, I think certainly approval by the Council kind of cements the name change. We are looking at naming policy right now for parks and what needs to take place, since it's already in policy and developers that make significant donations to a park have the naming rights to the park, it's a requested name change from the developer. So, with your approval we would make that official name change in documents and at this point it's budged items and reference to the park, since there is not any development going on there currently.