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Water Line and Water Meter Easement with Settlers Crossing, LLC for Sundance Subdivision No. 5,_ ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 ~ BOISE IDAHO 01118!07 01,30 PM DEPUTY Neava Haney III IIIIII'I'I'IIIIIIII'IIIIIII'lllIII RECORDED-REQUEST OF 1 g~g~S 1 ~~ Meridian City WATER LINE AND WATER METER EASEMENT THIS INDENTURE, made this ~~•day of ~ ~ • , 2006, between Settlers Crossing LLC, the party of the first part, and hereinafter called the Grantor, 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 ofthe 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 Line and Watermeter Easement 05161-Easement Water oc 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 ofthe first part have hereunto subscribed their signatures the day and year first herein above written. GRrAN_lTOR: ,lers Cro in~LLC. w~ J WM David Evans- Manager Settlers Crossing LLC. STATE OF IDAHO ) ss County of Ada ) On this ~~`~'~` day of ~CLlM. ~JG/ , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared m av ~o~n or identified to me to be a member of GE LLC that executed the within instrumentand ac owledged to me that said entity executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ~oTAkr ,°'~° ~.~ • J, pUB LAC ,~ ,,•~ TF 0 F 1U ~,.`~. Water Line and Watermeter Easement ~k u~.~ G~ .~~ NOTARY PUBLIC FOR IDAHO Residing at f;UiSe ~ ~ Commission Expires: / a!I // 05161-EasementPWater. c GRANTEE: CITY OF MERIDIAN .--~, Tammy de Wee yor / ,. by William G. Berg,~City Approved By City Council On: \\\\\\\999t)ntlrr; ~~, '~v { ~~ `~ ~; _ i_ ._ .. y» ^~ ~ ~; ~: \ F, ~_-.. v .~ g .° . '~~,, #~dT .~. .\ /~~111119111111\\\\~ STATE OF IDAHO, ; ss. County of Ada On this ~ ' +~'~~day of ~'i,-vt, l.i Gv"~~ _, 20~, before me, the undersigned, a Notary Public in and for said State, personally appeared T MMY 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. ~~~~r~~t~• ~'~,'s' O T,~ (SEAL) ~ ~'t~ ~ ~ . . ~ ~ . ~ ` ~ ~ ~ ~~~~ • l- % • • ~` : •~ ~G~~-~~t,~~, 4ryz~-{~~--=; ~, NOTARY PUBLIC FOR IDAHO Residing at: ~~~'~ ~f ~~~ -~~~ Commission Expires: f G' --/ ~ / Water Line and Watermeter Easement 05161-Easement Water.doc 3 0~ TOOTHMAN-ORTON ENGINEERING COMPANY CONSULTING ENGINEERS, SURVEYORS AND PLANNERS 9777 CHINDEN BOULEVARD BOISE, IDAHO 83714-2008 208-323-2288 FAX 208-323-2399 Boise®toengrco.com Project No: 05161 Date: November 21, 2006 Page: 1 of 5 EXHIBIT "A" City of Meridian -Water & Sewer Easement Descriptions For Proposed Sundance Subdivision No.S Water Easement No. 1 A 10-foot wide strip of land in Lot 21, Block 7, of SUNDANCE SUBDIVISION N0.3, located in the Southwest quarter of Section 31, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: COMMENCING at the southwest corner of said Section 31, marked by a found aluminum cap, from which the west quarter comer of said Section 31, marked by a found brass cap, bears N.00°51'27"E., 2650.12 feet; thence, along the westerly line of said Section 31, A) N.00°51'27"E., 300.00 feet; thence, leaving said westerly line, B) S.89°34'42"E., 96.67 feet to a point on the northerly line of an existing City of Meridian Sanitary Sewer and Water Easement, as shown on said SUNDANCE SUBDIVISION N0.3; being the POINT OF BEGINNING; thence, leaving said northerly line, 1) N.00°27'27"E., 35.98 feet; thence, 2) N.45°00'00"W., 18.70 feet; thence, 3) N.45°00'00"E., 10.00 feet; thence, 4) S.45°00'00'E., 22.89 feet; thence, 5) S.00°27'27"W., 40.17 feet to a point on the northerly line of said existing City of Meridian Sanitary Sewer and Water Easement; thence, along,said northerly line, 6) N.89°34'42"W., 10.00 feet to the POINT OF BEGINNING. Water Easement No. 2 A 14-foot wide strip of land in Lot 21, Block 7, of SUNDANCE SUBDIVISION N0.3, located in the Southwest quarter of Section 31, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: COMMENCING at the southwest corner of said Section 31, marked by a found aluminum cap, from which the west quarter corner of said Section 31, marked by a found brass cap, bears N.00°51'27"E.,,2650.12 feet; thence, along the westerly line of said Section 31, A) N.00°51'27"E., 300.00 feet; thence, leaving said westerly line, B) 5.89°34'42"E., 281.17 feet to a point on the northerly line of an existing City of Meridian Sanitary Sewer and Water Easement, as shown on said SUNDANCE SUBDIVISION N0.3, being the POINT OF BEGINNING; thence, 1) N.00°24'07"E., 34.01 feet; thence, H:\05161\WPfiles\SURVEY\Desc's\ExhA-WATER 8c SEWER ESMTS.doc BOISE COEUR d'AL.ENE CALDWELL ~8$e~~~ TOOTIiMAN-ORTON ENGINEERING COMPANY Project No: 05161 Date: November 21, 2006 Page: 2 of 5 2) S.89°35'53"E., 14.00 feet; thence, 3) S.00°24'07"W., 34.02 feet to the northerly line of said existing easement; thence, along said northerly line, 4) N.89°34'42"W., 14.00 feet to the POINT OF BEGINNING. Water Easement No. 3 A 10-foot wide strip of land in Lot 26, Block 7, of SUNDANCE SUBDIVISION N0.3, located in the Southwest quarter of Section 31, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: COMMENCING at the southwest corner of said Section 31, marked by a found aluminum cap, from which the west quarter corner of said Section 31, marked by a found brass cap, bears N.40°51'27"E., 2650.12 feet; thence, along the westerly line of said Section 31, A) N.00°51'27"E., 300.00 feet; thence, leaving said westerly line, B) 5.89°34'42"E., 326.46 feet to a point on the northerly line of an existing City of Meridian Sanitary Sewer and Water Easement, as shown on said SUNDANCE SUBDIVISION NO. 3, being the POINT OF BEGINNING; thence, 1) N.00°32'58"E., 71.79 feet; thence, 2) N.45°00'00"W., 56.60 feet; thence, 3) N.45°00'00"E., 10.00 feet; thence, 4) S.45°00'00"E., 60.80 feet; thence, 5) 5.00°32'58"W., 75.96 feet to the northerly line of said existing easement; thence, along said northerly line, 6) N.89°34'42"W., 10.00 feet to the POINT OF BEGINNING. Water Easement No. 4 A 20-foot wide strip of land in Lot 26, Block 7, of SUNDANCE SUBDIVISION N0.3, located in the Southwest quarter of Section 31, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: COMMENCING at the southwest corner of said Section 31, marked by a found aluminum cap, from which the west quarter corner of said Section 31, marked by a found brass cap, bears N.00°51'27"E., 2650.12 feet; thence, along the westerly line of said Section 31, A) N.00°51'27"E., 300.00 feet; thence, leaving said westerly line, B) 5.89°34'42"E., 354.02 feet to a point on the northerly line of an existing City of Meridian Sanitary Sewer and Water Easement, as shown on said SUNDANCE SUBDIVISION N0.3, being the POINT OF BEGINNING; thence, 1) N.00°51' S0"E., 107.31 feet; 2) S.89°33'24"E., 20.00 feet; thence, H:\05161\WPfiles\SURVEY1Desc's\ExhA-WATER 8t SEWER ESMTS.doc raae.5 A~ TOOTHMAN-ORTON ENGINEERING COMPANY Project No: 05161 Date: November 21, 2006 Page: 3 of 5 3) S.00°51'50"W., 107.30 feet to the northerly line of said existing easement; thence, along said northerly line, 4) N.89°34'42"W., 20.00 feet to the POINT OF BEGINNING. Water Easement No. 5 A 10-foot wide strip of land in Lot 25, Block 7, of SUNDANCE SUBDIVISION N0.3, located in the Southwest quarter of Section 31, Township 4 North, Range l: East, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: .COMMENCING at the southwest corner of said Section 31, marked by a found aluminum cap, from which the west quarter corner of said Section 31, marked by a found brass cap, bears N.00°51'27"E., 2650.12 feet; thence,. along the westerly line of said Section 31, A) N.00°51'27"E., 277.00 feet; thence, leaving said westerly line, B) 5.89°34'42"E., 252.15 feet to a point on the southerly line of an existing City of Meridian Sanitary Sewer and Water Easement, as shown on said SUNDANCE SUBDIVISION N0.3; thence, along said southerly line, the following courses: C) S.00°25' 18"W., 9.00 feet; thence, D) S.89°34'42"E., 136.07 feet; thence, E) S.68°56'02"E., 6.25 feet to a point on said southerly line, being the POINT OF BEGINNING; thence, along said southerly line, 1) S.68°56'02"E., 10.00 feet; thence, leaving said southerly line, 2) S.20°57'05"W., 10.84 feet; thence, 3) N.69°02'05"W., 10.00 feet; thence, 4) N.20°57'05"E., 10.86 feet to the POINT OF BEGINNING. Water Easement No. 6 A variable width strip of land in Lot 25, Block 7, of SUNDANCE SUBDIVISION N0.3, located in the Southwest quarter of Section 31, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: COMMENCING at the southwest corner of said Section 31, marked by a found aluminum cap, from which the west quarter corner of said Section 31, marked by a found brass cap, bears N.00°51'27"E., 2650.12 feet; thence, along the westerly line of said Section 31, A) N.00°51'27"E., 277.00 feet; thence, leaving said westerly line, B) 5.89°34'42"E., 252.15 feet to a point on the southerly line of an existing City of Meridian Sanitary Sewer and Water Easement, as shown on said SUNDANCE SUBDIVISION NO.3; thence, along said southerly line, the following courses: C) S.00°25' 18"W., 9.00 feet; thence, H:\05161\WPfiles\SURVEY\Desc's\ExhA-WATER & SEWER ESMTS.doc „ l~M G TOOTHMAN-ORTON ENGINEERING COMPANY Project No: 05161 Date: November 21, 2006 Page: 4 of 5 D) 5.89°34'42"E., 49.96 feet to the POINT OF BEGINNING; thence, leaving said southerly line, 1) S.00°00'00"W., 95.77 feet; thence, 2) 5.36°47'41"E., 45.02 feet; thence, 3) 5.53°12' 19"W., 17.50 feet; thence, 4) N.36°47'41"W., 41.82 feet; thence, 5) N.00°00'00"W., 108.91 feet to the southerly line of said existing easement; thence, along said southerly line, 6) S.89°34'42"E., 12.09 feet to the POINT OF BEGINNING. Water Easement No. 7 A 10-foot wide strip of land in Lot 22, Block 7, of SUNDANCE SUBDIVISION N0.3, located in the Southwest quarter of Section 31, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: COMMENCING at the southwest comer of said Section 31, mazked by a found aluminum cap, from which the west quarter corner of said Section 31, marked by a found brass cap, beass N.00°51'27"E., 2650.12 feet; thence, along the westerly line of said Section 31, A) N.00°51'27"E., 277.00 feet; thence, leaving said westerly line, B) 5.89°34'42"E., 86.26 feet to a point on the southerly line of an existing City of Meridian Sanitary Sewer and Water Easement, as shown on said SUNDANCE SUBDIVISION NO. 3, being the POINT OF BEGINNING; thence, along said southerly line, 1) S.89°34'42"E., 10.00 feet; thence, 2) S.00°22'44"W., 7.58 feet; thence, 3) N.89°37' 16"W., 10.00 feet; thence, 4) N.00°22'44"E., 7.59 feet to the POINT OF BEGINNING. Water/Sanitary Sewer Easement No. 1 A 20-foot wide strip of land in Lot 21, Block 7, of SUNDANCE SUBDIVISION N0.3, located in the Southwest quarter of Section 31, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: COMMENCING at the southwest corner of said Section 31, marked by a found aluminum cap, from which the west quarter corner of said Section 31, mazked by a found brass cap, bears N.00°51'27"E., 2650.12 feet; thence, along the westerly line of said Section 31, A) N.00°51'27"E., 300.00 feet; thence, leaving said westerly line, B) S.89°34'42"E., 180.16 feet to a point on the northerly line of an existing City of Meridian Sanitary Sewer and Water Easement, as shown on said SUNDANCE SUBDIVISION NO. 3, being the POINT OF BEGINNING; thence, 1) N.56°44'40"W., 20.01 feet; thence, H:\05161\WPfiles\SURVEY\Desc's\ExhA-WATER & SEWER ESMTS.doc p~g~nf _I .•:' TOOTHMAN-ORTON ENGINEERING COMPANY Project No: 05161 Date: November 21, 2006 Page: 5 of 5 2) N.33°15'20"E., 20.00 feet; thence, 3) 5.56°44'40"E., 51.01 feet to the northerly line of said existing easement; thence, along said northerly line, 4) N.89°34'40"W., 36.89 feet to the POINT OF BEGINNING. Water/Sanitary Sewer Easement No. 2 A variable width strip of land in Lot 22, Block 7, of SUNDANCE SUBDIVISION N0.3, located in the Southwest quarter of Section 3 1, Township 4 North, Range 1: East, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: COMMENCING at the southwest corner of said .Section 31, marked by a found aluminum cap, from which the west quarter corner of said Section 3l, marked by a found brass cap, bears N.00°51'27"E., 2650.12 feet; thence, along the westerly line of said Section 31, A) N.00°51'27"E., 277.00 feet; thence, leaving said westerly line, B) S.89°34'40"E., 219.49 feet to a point on the southerly line of an existing City of Meridian Sanitary Sewer and Water Easement, as shown on said SUNDANCE SUBDIVISION N0. 3, being the POINT OF BEGINNING; thence, along said southerly line, the following courses: 1) 5.89°34'42"E., 32.66 feet; thence, 2) S.00°25' 18"W., 9.00 feet; thence, leaving said southerly line, 3) S.89°59'59"W., 7.44 feet; thence, 4) S.00°00'01"E., 96.71 feet; thence, 5) S.89°59'59"W., 40.90 feet; thence, 6) 5.48°25' 18"W., 30.35 feet; thence, 7) N.41°34'42"W., 10.00 feet; thence, 8) N.48°25' 18"E., 60.26 feet; thence, 9) N.00°00'01"W., 78.62 feet to the POINT OF BEGINNING. H:\05161\WPfiles\SURVEl'\Desc's\ExhA-WATER & SEWER ESMTS.doc .. ~+ . •~ s I I I NOT TO SCALE ® ~~ ~ I I I K ~' ~ ' ~_ - - } ~~ I ~ i ~I i ®~ I I l 1 sn EXHIBIT "B" -SKETCH MAP CITY OF MERIDIAN - WATER/SEWER EASEMENTS FOR PROPOSED SUNDANCE SUBDIVISION N0. 5 LOCATED IN THE SOUTHWEST QUARTER OF SECTION 31 TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN CITY OF MERIDIAN, ADA COUNTY, IDAHO 363' 1 6-6- --- --- I E. US77C1Y ROAD S~~~p` LANp SG 4~5 ~~~1STfip~, ~P` 7316 ~~z~vq~Ab o ~'~.p~rF OF \OP~\~~4~ \y H. McP~ ENGINEERS SURVEYORS PLANNERS 9777 CHINDEN BOULEVARD BOISE, IDAHO 83714-2008 PHONE: 208-323-2288 FAX: 208-323-2399 E-FlLE: H:\05161\WAiER ESIAT.DWG DATE:12/Oi/O6n J08:0516~5-100 TOOTHMAN-ORTON ENGINEERING CO. SUNDANCE SUBDIVISION N0. 3 1 wx~~ar..sr,r.r wx ® ~ ! rl nn wow Eo..m.rd ao. ~I w.wro~ wa 0 WaIK Ea~wmnt No t O 'Wridiai Wo1K Eawm~nt ~MOKdMn Sowr g waGr Eooomont No. _ r, _........._ w ss~srr~srr~ I \Wridian watK Eaowmnt Ne. 7 n Mlrldion SwK k WelK Eawm~nt Na 2 d I i a BLOCK 1 ®~o Ew~nwn! w,.., ©' - ~ I ~ ~ \ wxwsvn.r..sr~~~ i - ---- ~ \ ~ MFIepAN SA111TARY AflFR ~ ~ t wAIER EA411011T ~ \ vew su~e~ sue. Ho. s ® Wrfdlen wutK Eawrtw~~t Nw 3 W I idlon watK EaMmon! Ne. e I 0 ~ ~ - I wNO~u+a svsorvmoN No. s ® ® suwwxz suep\moN No, s - - - anaPasED sueomsloN eouNO~an vnoPaseu nor uNe onsrr+c ~ ~r+E p~~ Q vaoPaseo Lar MweER Meridian City Council January 2, 2007 Page 4 of 24 De Weerd: And are these your kids? If we could get you to stand up and if you will tell us your name, we would appreciate it. Tyler, how old are you? You're 13. Danielle is 16. We appreciate what you have done to support your mom, too, in this endeavor. I'm sure that it was a collective effort and we appreciate your family and what you have done. And Kristen and Jim, what is your relationship? Are you with the VA hospital? Thank you for joining us tonight. We appreciate your efforts. We appreciate the service to our country. Thank you. Item 6: Consent Agenda: A. Approve Minutes of October 2, 2006 City Council Joint Workshop Meeting: B. Approve Minutes of November 28, 2006 City Council Regular Meeting: C. Approve Minutes of December 5, 2006 City Council Regular Meeting: D. Resolution No. 07-544 VAC 06-014 Request for a Vacation of the 20 foot wide utility and irrigation easement located on the west half of Lot 13 of Crestwoo~ubdivi>~oln No. 1 by Brighton Development, Inc. - 4055 East Leigh Field Drive: E. SHP 06-012 Request for Short Plat approval for 3 condominium units on 1 lot in a C-G zone for Bonito Condomini~im No. '~ by WM David Evans - 2949 East Copper Point Drive: F. SHP Ofi-013 Request for Short Plat approval for 21 condominium units on 2 lots in a C-G zone for BoOito Condominium No. 2 by WM David Evans - 3023 East Copper Point Drive: G. Adrreement fo, r, Independent Contractor .Services ..with Star Construction. L.LC for Temporary Septic Tank Construction: H. Water and Sewer Easement Agreement for dun ance Subdivision No. 5 by Settlers Crossing, LLC: by Cherry Lane Christian Church: J. Ch~noe Order Num er 3 to Water and Sewer ImprovenLents in Coniunction with the Locust drove rade S~aaration with Cascade Pipeline Corporation for X1,000.00: Meridian City Council January 2, 2007 Page 5 of 24 K. Task .Order 0658a with C, ivil_ ;~urve„y Consultants. Inc. for Surveying Services Related to Water Main Easement not to exceed X2,000.00: L. Approval Of State Highway 20/26 Corridgr Study.Letter. M. Aare ment for Economic Development with Virtus Entemrlses. ~~ De Weerd: Okay, Council, I am getting better at that this. At least I didn't sob this time. Okay. Item 6, our Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the Consent Agenda, Item D is resolution number 07-544 and also Item N has been asked to be pulled and tabled to January 9th, 2007. With that I move that we approve the revised agenda, Consent 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 to approve the Consent Agenda with the removal of Item N. If there is no discussion, Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 7: Special Recognition /Presentation by Mayor de Weerd: De Weerd: Okay. Council, I know that there was discussion prior to this next item that there needed to be some kind of a recant of a previous presentation from at that time Councilman Wardle with a [3SU fight song, but I guess we will forego that tonight. If you will, please, come up to the front. Okay. Where is Shelly? Well, Councilman Wardle, I guess can 1 still call him that? Former, past, expired Councilman .Wardle. We appreciate your service to the community. We have enjoyed serving with you on Council. I think we all said all the flowery things last meeting and they were heart felt and certainly deserved and I would like to present you with this plaque and 1 will read this to those in attendance. To Shaun Wardle, City Council Member, City of Meridian, presented in recognition of your contributions and service to the City of Meridian as City Council Member from January 2004 to December 2006. The City of Meridian greatly appreciates your dedication and commitment to serve this city and community. So, we present this to you with our heart felt thanks for your service.