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Sanitary Sewer and Water Main Easement with Seagle Three, LLC for Doris Subdivision• ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 BOISE IDAHO 02101!01 01;43 PM RECORDEDe REQUEST OF ~II ~~~~~~~~~~~~~~~~~~~~~IIIIIII ~~ ~ ~~~ Meridian City 1 X7015560 SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this 3`d day of November, 2006 between Seagle Three, 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; WITNES SETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water mainright-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines 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 operation and maintenance of sanitary sewer and water mains over and across the following described property: (5EE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, 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 making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such 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. Sanitary Sewer and Water Main Easement EASMT.SW MAIN! r 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. 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: .resident `.y~ J9~.~ ~~ - S~ ~G L ~ ~ ,~ ~ ~`~ _ L 1-' ~ Secretary ANGER CW~VG STATE OF IDAHO) ~ ~ ss County of Ada ) On this ~.~ day of /yCl'~"il~.~t r , 20 C'E; before me, the undersigned, a Notary Public in and for said State, personally appeared f~~~ ~ ~ +~ 1~ ~ ~ ~ a cv ~ and -- , known or identified to me to be the resident 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 written. ^~ ~~~~~( ~%~l~~~~l NOTARY PUBLIC FOR IDAHO !J Residing at; '"I,~-~- Commission Expires: Sanitary Sewer and Water Main Easement EASMT.SW MA1N1 PaBe~#~ ~~ • GRANTEE: CITY OF MERIDIAN ~` ~''% Tammy de Weer ay '~ ~~~ -~ ~~~' ; ,~ ,~~~ PTO Attest by William G. Berg, ity Clerk = ' ~' 1 ,~` Approved By City Council On: STATE OF IDAHO, ) ss. County of Ada ) On this .~ ~ day of C ~ 6 C ~ ~ ~~ ~ ~ ~ 20; 1 before me, the undersigned, 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. ~~ ~ ~,••~• Q1Y!•~'• (SEAL) ; ~s%'~pT'q+~~ . . • ~ ~ ~ s (~,~. ~ j ~~ 0 :~~• Sanitary Sewer and Water Main Easement -, NOTARY PUBLIC FOR IDAHO Residing at: ~~~ ~~~ lG,~~ _ :.-~~-~ Commission Expires: /c ~S__ /, EASMT.SW MAINl PARCEL DESCRIPTION October 25, 2006 PROJECT: 1330 E. Fairview Ave. PARCEL NO.: Utility Easement A parcel of land being a part of Lots 2 and 3, Block 2, of Doris Subdivision, as shown in Book 16 of Plats at Page 1080, and as shown on Record of Survey 7535, Ada County Records, located in the southeast'/, of the southeast'/, of Section 6, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at a brass cap monument, Corner Record No. 9391309, marking the southeast corner of said Section 6, Township 4 North, Range 1 East, Boise Meridian; Thence North 89°28'27" West coincident with the south line of said Section 6, a distance of 1153.40 feet; Thence North 00°20'04" East, 70.54 feet to a 5/8" iron pin marking the southwest corner of Parcel A as shown on said Record of Survey 7573; Thence South 89°25'37" East coincident with the south line of said Parcel A, 153.26 feet to the POWT OF BEGINNWG; Thence North 00°20'04" East, 22.71 feet; Thence North 89°36'56" West, 15.99 feet; Thence North 00°20'04" East, 10.00 feet; Thence South 89°39'56" East, 15.99 feet; Thence North 00°20'04" East, 240.97 feet; Thence South 89°51'05" East, 25.00 feet; Thence South 00°20'04" West, 241.05 feet; Thence South 89°39'56" East, 6.01 feet; Thence South 00°20'04" West, 10.00 feet; Thence North 89°39'56" West, 6.01 feet; Thence South 00°20'04" West, 22.82 feet to the south line of Parcel B as shown on Record of Survey 7535; Thence North 89°25'37" West coincident with the south line of said Parcel A and B, 25.00 feet to the POINT OF BEGINNING. The parcel above described contains 7064 square feet or 0.162 acres more or less. Together with and subject to covenants, easements and restrictions of record. ~'age~.,a~_ Basis of Bearing for this parcel is Record of Survey No. 7535, Instrument No. 200600003. Page~o£.~~ EXHIBIT "A° BEAGLE THREE, LLC-UTILITY EASEMENT A PORTION OF LOTS 2 AND 3 BLOCK 2. OF DORIS SUBDMSION, LOCATED IN THE SE 1/4 OF SECTION B, T 3 N, R 1 E., B. M., CITY OF MERIDIAN, ADA COUNTY, IDAHO 2008 25.00' - S 89'57'05" E ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 BOISE IDAHO 02101/07 01:43 PM DEPUTY Neava Haney RECORDED-REQUEST OF III Illillllllllllllllllllllllll II I III Meridian City 1 E~701 ~5~~ SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this 3rd day of November, 2006 between Seagle Three, 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; WITNES SETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water mainright-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines 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 operation and maintenance of sanitary sewer and water mains 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 sanitary sewer and water mains and their allied facilities, together with their maintenance, 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 EXPRES SLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such 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. Sanitary Sewer and Water Main Easement EASMT.SW MA1N1 Page i ..JO~ 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. 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: .'~esi~lertt ~ 1q.'`~ ~~ -- St ~4G L.-N ~rt,e ~r~ L L ~ Secretary . ANGER CUSI~VG STATE OF IDAHO) ~ ~ ss County of Ada ) On this ~~ day of /~/C l ~i}~~{ r~ , 20 C- ~ before me, the undersigned, a Notary Public in and for said State, personally appeared ~ ~ ~ ~ ~ F J~ ~ ~ a <<~ ~ . and -- , known or identified to me to be the resident 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 written. ~~~ ~`-~ ~/'mil G G~/r~. NOTARY PUBLIC FOR IDAHO !J Residing at, r -~ Commission Expires: Sanitary Sewer and Water Main Easement EASMT.SW MAIM PaBe~~ ~~ GRANTEE: CITY OF MERIDIAN .~` `'% Tammy de Weer ay ~~ ~~~ -~ ~~~' F Attest by William G. Berg, ity Clerk = ' ~' Approved By City Council On: STATE OF IDAHO, ) ss. County of Ada ) ~~iirr«i~~ itiHN On this ~_(~ day of , ~ C~ 6 G c ~ C~ ~ ~ ~ ~ , 20` /before me, the undersigned, a Notary Public in and for said State, personally appeared TSAMMY 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) ; ~j;'.~pT'q+~~ . . . ~ ~ • • ', ! ~~ . . ~~' OF IU~''~' •....+ Sanitary Sewer and Water Main Easement _, NOTARY PUBLIC FOR IDAHO Residing at: lJ 1.~ ~~~~ --!=' Commission Expires /~ ~.~ ~~ EASMT.SW MAINl 'a~e~of„~ PARCEL DESCRIPTION October 25, 2006 PROJECT: 1330 E. Fairview Ave. PARCEL NO.: Utility Easement A parcel of land being a part of Lots 2 and 3, Block 2, of Doris Subdivision, as shown in Book 16 of Plats at Page 1080, and as shown on Record of Survey 7535, Ada County Records, located in the southeast'/, of the southeast'/, of Section 6, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, more particulazly described as follows: COMMENCING at a brass cap monument, Corner Record No. 9391309, marking the southeast corner of said Section 6, Township 4 North, Range 1 East, Boise Meridian; Thence North 89°28'27" West coincident with the south line of said Section 6, a distance of 1153.40 feet; Thence North 00°20'04" East, 70.54 feet to a 5/8" iron pin mazking the southwest corner of Parcel A as shown on said Record of Survey 7573; Thence South 89°25'37" East coincident with the south line of said Pazcel A, 153.26 feet to the POINT OF BEGINNING; Thence North 00°20'04" East, 22.71 feet; Thence North 89°36'56" West, 15.99 feet; Thence North 00°20'04" East, 10.00 feet; Thence South 89°39'56" East, 15.99 feet; Thence North 00°20'04" East, 240.97 feet; Thence South 89°51'05" East, 25.00 feet; Thence South 00°20'04" West, 241.05 feet; Thence South 89°39'56" East, 6.01 feet; Thence South 00°20'04" West, 10.00 feet; Thence North 89°39'56" West, 6.01 feet; Thence South 00°20'04" West, 22.82 feet to the south line of Parcel B as shown on Record of Survey 7535; Thence North 89°25'37" West coincident with the south line of said Pazcel A and B, 25.00 feet to the POINT OF BEGINNING. The parcel above described contains 7064 squaze feet or 0.162 acres more or less. Together with and subject to covenants, easements and restrictions of record. gage ~` of J _ Basis of Bearing for this parcel is Record of Survey No. 7535, Instrument No. 200600003. EXHIBIT "A" SEAGLE THREE, LLC-UTILITY EASEMENT A PORTION OF LOTS 2 AND 3 BLOCK 2, OF DORIS SUBDMSION, LOCATED IN TAE 5E 1/4 OF SECTION 8, T 3 N, R 1 E., B. M., CITY OF aIERIDIAN, ADA COUNTY, IDAHO 2006 25.00' I'age~o~~ { 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. A royal of New Beer and Li uor License for Blue Ribbon Artisan's Bi ro 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 Sewer 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 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.