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Water Main Easement with Primeland Investment Group, LLC for Bridgetower Retail BuildingsADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 7 I ~) ~ ~ L5 BOISE IDAHO 02!01101 01:43 PM IIIIIIIIIIIIIIIIIIIIII VIII ~ ~~ pE~ 2 7 2006 DEPUTY Neava Haney II I I I II II I 1 ~~~ 15561 d RECORDED-REQUEST OF Meridian City Jay WATER MAIN EASEMENT THIS INDENTURE, made this 22 day of December, 2006 between Primeland Investment Group, LLC ,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, 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 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 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 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...~~5~-- 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: .J Manager STATE OF IDAHO ss County of Ada ) On this 22 day of December , 2006_, before me, the undersigned, a Notary Public in and for said State, personally appeared Frank Varriale known or identified to me to be the Manger, of the company that executed the within instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. h iL t•'. _ SEAL) NOTARY PU L FOR AHO Y ~ ~ ~`-"®`~~"` Residing at Kdlt~~~ '', 'x ~~~INKLE _ Z~ . ~Y:~t„ry ~rrblic Commission Expires: Stzt~: ~f Iciahn ------ GRANTEE: CITY OF MERIDIAN Water Main Easement EASMT WTR Page ~ )fem. \`\1 1111111111/~~~~ Tammy de Weerd, ayor ;~ C)' Rt'~q~~ ~'y' ' o i ~.~"~~., Attest by William G. Berg, ity lerk ~ ~' Approved By City Council fin: ~~ ~! *~~' N~In 1i11~ STATE OF IDAHO, ss. County of Ada ) On this ~ ~" day of~ Cl ~ r; ~ ~ ~~ ~~ ~ , 20~, before me, the undersigned, a Notary Public in and for said State, persona ly 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 WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) ~' ,~~ ~pTA,~~r '~ NOTARY PUBLIC FOR IDAHO Residing at: C G,J~ . . Commission Expires: / G - i S- l ~ • ~ ~ • • `~ ~ • • ~ i • .• .~--- ~. Water Main Easement EASMT WTR Page~~ ~~,~». ~y~,L LANp ~j Itwu~l SIG :~~- o,~gS~~~ISTE~~~G~~„~ n' 1 o~p~ ~ CML ANO STRUCTURAL ENG7NEERlNG ~~~~' City of Meridian Waterline Easement No. ~,2Z o6 For Bridgetower Retail Project Job No. 05170 September 22, 2006 Land within Lot 3, Block 25, of Bridgetower Crossing Subdivision No. 7, in Book 92, at Page 10918, Ada County Plat Records, within the NW1/4of Section 35, T4N, R1W, B.M., City of Meridian, Ada County, Idaho, as follows: COMMENCING at the Northwest Comer of said Section 35, marked by a Brass Cap Monument as per comer perpetuation record Inst. No. 104146597; thence, along the West Line of said Section 35, South 00°53'13" West, 443.00 feet, to the Centerline of W. Quintale Dr.; thence along said Centerline, South 89°06'47" East, 222.77 feet, to a 300.00 foot radius curve to the right; thence along said curve, an arc distance of 63.69 feet, through a central angle of 12°09'47", and having a chord which bears South 83°01'54" East, 63.57 feet; thence leaving said Centerline, North 01°01'41" East, 25.52 feet, to a point on the southerly boundary of said Lot 3, Block 25, and the POINT OF BEGINNING; thence North 01°01'41" East, 27.52 feet; thence North 46°01'41." East, 39.36 feet; thence North 01°01'41" East, 65.49 feet; thence South 88°58'19" East, 35.78 feet; thence South 01°01'41" West, 20.00 feet; thence North 88°58'19" West, 15.78 feet; thence South 01°01'41" West, 53.77 feet; thence South 46°01'41" West, 39.36 feet; thence South 01°01'41" West, 23.82 feet, to a point on said southerly boundary of Lot 3, Block 25, and anon-tangent 325.00 foot radius curve to the left; thence along said southerly boundary and curve, an arc length of 20.52 feet, through a central angle of 3°37'04", and having a chord which bears North 76°04'42" West, 20.52 feet, to the POINT OF BEGINNING. Containing 3007 square feet, more or less. P:1BRS AicLittctslBridgetowa Refail~Drawia$s~Survey~DESCRIP"170NS~05170-EASE 1 DESC.DOC ,q.'re~sure ti'alleg- ~~nginet.rs. t:uc. (^(i4 b'''. 4ta~eet ~Tai1.h C)~r~e: {2t)S} 463-()305 F~.:x: (2t?4} 463-439 t u~u1t•. C'L'Elnc.ccz~n Page~f~ EXHIBIT B A PORTION OF LOT 3, BLOCK 25, BRIDGETOWER CROSSING SUBDIVISION No. 2, WITHIN THE NWl/4, SECTION 35, T4N, RiW, B.M., CITY OF MERIDIAN,. ADA COUNTY, IDAHO UNE BEARING DISTANCE Lt N 01'01 41 E 25.52 L2 N 01'01 41 E 27.52 L3 S 01'01 41 W 23.82 r S88'S8'19"E 3 CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE I 35.75' ~ ~- C1 300.00 63.69 63.57 583'01 54 E 12'09'47 I O I C2 325.00' 20.52' 20.52 N 78'04 42 W 03'37 04 I N I Q I 15.78' c°n w I r88'S8'19"W ~ 27 26 BASIS OF BEARINGS .r I ~ I =' S 88'58'19" E I Q I~ I 34 5 W. MCMILLAN RD. z l 31 p i I ~I^ .~ I QI~ o SECTION CORNER I r°n i ~ °o ~ FND. BRASS CAP 1 )I I N i CORNER RECORD 1 / I ^~ O ~ INST. No. 104146597 ~p~ 2 ~~/ J O V ~ ~ 1 ~ ~~9 ~~°/ ~ ~ I ~ / ~6A /~6 ~ ;n °o W 1 I / ~O ~ POINT OF 1 I <v ~ BEGINNING I ~ O z ---------_-- I ~ I ~~ -- -_- c2 I W. QUINTALE DR. ``~`~ S 89'06'47" E _ ~_ _ C1 J ```~ 222.77 _"' _ -~ + `' . "- ~..~ \ _ SCALE -------------__ - -- - - _~ ` 30 0 15 30 60 ~~-~- ~_ _`- ( FEET) ~'--- 1" =30' 1 INCH = 30 FT PROJECT: OWNER/DEVELOPER: DWG ~ CITY OF MERIDIAN BRS ARCHITECTS VIII o.~ °~ 1823-05 ~` ll0i Ifa SIlQ!' Nq!!9 WATERLINE EASEMENT 1 ~~ ~ ems PROJECT# "~~, (rrs) yea-sue ~-~___~` ~r (sos) ~aeri 05170-Ot '~OLO°- SHEET Jl !'LI6~8.9~Ii101B ~' ors I~ RA! n-lt~ae~ DATE: 9/21/06 1 OF 1 Pggg~ ~ U E},. ~~~:. `O~~G LANp~G S~ o~c,S ~GtSTE~+F~ ~Pp~~ ~ CIY/L AND STRUCTURAL BIVGINEERING ~ _~~__ 70 F ~~, City of Meridian Waterline Easement No. 2 ~~r ~, KtN'~ For Bridgetower Retail Project q-Zz-06 Job No. 05170 September 22, 2006 Land within Lot 3, Block 25, of Bridgetower Crossing Subdivision No. 7, in Book 92, at Page 10918, Ada County Plat Records, within the NW1/4of Section 35, T4N, R1 W, B.M., City of Meridian, Ada County, Idaho, as follows: COMMENCING at the Northwest Corner of said Section 35, marked by a Brass Cap Monument as per comer perpetuation record Inst. No. 104146597; thence, along the North Line of said Section 35, South 89°58'19" East, 784.45 feet, to the Centerline of N. Montelino. Way; thence along said Centerline, South 01°01'41" West, 101.78 feet, to a 300.00 foot radius curve to the right; thence along said curve, an arc distance of 90.56 feet, through a central angle of 17°17'43", and having a chord which bears South 09°40'32" West, 90.21 feet; thence South 18°19'24" West, 19.40 feet; thence leaving said Centerline, North 71°40'36" West, 25.00 feet, to a point on the easterly boundary of said Lot 3, Block 25, and the POINT OF BEGINNING; thence North 65°38'57" West, 45.68 feet; thence North 00°38'28" East, 72.29 feet; thence North 44°09'56" West, 8.78 feet; thence North 88°58'19" West, 107.68 feet; thence South 01°01'41" West, 17.00 feet; thence North 88°58'19" West, 20.00 feet; thence North 01°01'41" East, 37.00 feet; thence South 88°58'19" East, 135.92 feet; thence South 44°09'56" East, 25.27 feet; thence South 00°38'28" West, 67.48 feet; thence South 65°38'57" East, 30.51 feet, to a 275.00 foot radius non-tangent curve to the. right on the easterly boundary of said Lot 3, Block 25; thence along said curve and easterly boundary, an arc length of 0.71 feet, through a central angle of 0°08'54", having a chord which bears South 18°14'57" West, 0.71 feet; thence continuing along said easterly boundary, South 18°19'24" West, 19.40 feet, to the POINT OF BEGINNING. Containing 5476 square feet, more or less. P:\BRS ArchitectslBridgetower Rdail\Dtawings~Survey\DESCRIPIIONS\05170.EASE 2 DESC.DOC "1'rea~st€re 4'zllieti~ Engineers, I-tc. t:)ffice: (~0$} 463-(13Ct5 Frx: ('_{1R} 4Ci3-439: ~~ww. 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MONTELINO WAY ~ -~ ~~ ----- _ _____ _ S 01'01'41" W -~ ~~~_ o° W ~ 101.78' ,~ __` ~. _~__ ' ~~~_ _ "aKe~O~ Meridian City Council January 16, 2007' Page 3 of 63 L-O zone for Ada County I~„is~hwav District Locust Grove Road and 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 _ itebar Subdivision by Dan Wood - 2135 East Amity Road: F. Artisan's Bistro by Artisans Properties, LLC, at 1441 N. Eagle Road: G. Water Main Easemen# Agreement for Bri~l~etovyer Retail Buildins~s by Primeland Investment Group: H. Resolution No. OT-545 ~intrpents for ,Bgard Members and Alternates to the „~/allev Reoional Transportation u#hori I. Resolution No. Q7-546 For Review and Comment on the proposed addition of a New Public Works Fee of $25.00 for the Floodnlaip Develo-pment . Pen~nit Application to offset the cost of staff time and materials in processing an application for a floodplain development permit: J. A reement to Transfer Pro~ertv for 1886 Pierce/Ford Suburban Pumper Fire Engine from the .Meridian Rural Fire Protection District to Boise Coyintv: K. Sanitary Sewer and Water Main Easement As~i~eement for Doris Subdivision (lots 1-3, block 2) by Beagle Three, LLC: L. Water Main cement ~Aoreemerit for Exceed Leamins~ Center by Exceed, Inc.: M. t;icense AQreergent,with Namoa Meridian Irris~ation District for Pathway for Cabella Greek Subdivisior„i: O, Water Main Easement A rg ~mgnt for Candlewood Suites by TQ Silverstone Way, LLC: De Weerd: Item 5, Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. I s 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 roil. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Parks Department 1. Parks and Recrea~ on Commission_ Recommendation of Name of Park in,,,,Bainb~idoe Subdivision: De Weerd: Okay. Item 6 under Department Reports, I'll start with the Parks Department, approval of the park direction signs far roadways. Strong: Thank you, Madam Mayor, Members of the Counal. 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.