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Water Facilites Easement Fire Hydrant and Meter with DBM Management, LLC for PinebridgeADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 ~ BOISE IDAHO 07/19/07 01:32 PM RECORDED $ REQUEST OF III ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~ Meridian City 1 ~~ i ~~~ 1 ~ CITY OF MERIDIAN WATER FACILITIES EASEMENT (FIRE HYDRANT AND METER THIS INDENTURE, made this day o 2(~~between DMB MANAGEMENT LLC, the parties of the first part, and hereinafte call d 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 easement right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water appurtenances are to be provided for through underground pipelines and surface facilities to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines and facilities 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 water facilities over and across the following described property: (SEE ATTACHED EXHIBIT A) The easement hereby granted is for the purpose of construction and operation of a water service (meter), fire hydrant, 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. 19643 Water facilities Easement 5 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 these easements, 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: ~( Dennis M. Baker, Managing Member STATE OF IDAHO ss County of Ada ) On this ~ day of , 20 ~1 ,before me, the undersigned, a Notary Public in and for said State, personally appeared Dennis M. Baker, known or identified to me to be a member of the Limited Liability Company that executed the within instrument, and acknowledged to me that he executed the same. IN ~ and ~ ~.~ G P V 8~, `~O 's-T E~ OF `~~~.. I have hereunto set my hand and affixed my official seal the day GRANTEE: CITY OF MERIDIAN ~7`~ h+ r,~. dt 6v~erd ~ 19643 Water fa ' itl s Easement NOTARY PUBLIC FOR IDAHO Re~siyli~g, ~~;~ ,~~~"~ Tres: .~ ,~ ~* ~d `~ / T ~~ S~~L 9 ' ,~,~ \ T1gT, ~`. %, ~, (~^(~y ~~ DSSIIo Tammy de Weerd, Mayor ~%~.- i Attest by William G. Be ,City Clerk Approved By City Council On: STATE OF IDAHO, ) ss. County of Ada ) On this , ~ L day of c~1.c,~'~}( , 20 ~~ before me, the undersigned, 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, 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. (SEAL) . a~ ~ . ~ ~ ~ ~ ~ i ~, , a 1 ~~ Q.r l l1 "? ; ~'1 ~--~-~ NOTARY PUBLIC FOR IDAHO Residing at: '~~~1'1,~ ~(,~~~~ - ~G Commission Expires: l0 ~~/5 - (1 19643 Water facilities Easement Pe$E•~,,. EXHIBIT "A" DESCRIPTION FUR CITY QF MERIDIAN WATER LINE EASEMENT GEMTt)NE CENTER N{3.5 TWO EASEMENTS BEING PORTIONS OF LOT 5 AND LOT 6, BLOCK 5, GEMTONE CENTER N0.5, (BOOK ~ OF PLATS AT PAGE 10675) LOCATED IN THE NE 1/4 OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST, 801SE MERIDIAN, MERIDIAN , ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: EASEIf~ENT "A" COMMENCING AT THE SOUTHWEST CORNER OF LOT 5, BLOCK ~, GEMTONE CENTER NO.5, THENCE S 89°54'01" E 27..00 FEET ALONG THE SOUTH LINE OF SAfD LOT 5, BLOCK 5 TC1 THE REAL POINT {QF BEGINNING OF THIS DESCRIPTION; THENCE N 00°31'16" E 32.00 FEET TO A POINT; THENCE S 89°54'41p E 20.04 FEET TO A POINT; THENCE S 130°31'1S° W 32.40 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 5; THENCE N 89°54'41" W 24..04 FEET TO THE REAL PLNNT QF BEGINNING OF THIS DESCRIPTfON, CONTAINING $4tl SQUARE FEET, MbRE bR LESS. EASEMENT "B" COMMENCING AT THE SOUTHWEST CORNER OF LOT 6, BLOCK 5, GEMTONE CENTER N0.5, THENCE 5 89°54'01" E 19.62 FEET ALONG THE SOUTH UNE OF SAIfl LOT fi, BLOCK 5 TO THE REAL PQ1NT OF BEGINNING OF THIS DESCRIPTION; THENCE N 00°45'59" E 18:.5(} FEET TO A POINT; THENCE S 89°54'41° E 12.44 FEET TO A POINT; THENCE S 00°05'59" W 18,5fl FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 6; THENCE N 89°54'01' W 12.04 FEET TO THI REAL POINT t3F BEGINNiNt3 OF THfS DESCRIPTfON, CONTAttVING 222 SQUARE FEET,. MORE OR LESS. MICHAEL E.. MARKS, PLS NO. 4998 19643-EASE-i~A I'EI!t - - ES~HIBIT ~B~ -- ~~ ~. STATE ST, ~~ ~! '! I l ~~ '! 4 ! c4 ~ z( .ly ~ m~! ~~ ~ ~ ! ~~ ! ~~ ! `~ I 2 ~~! l~ BLOCK 5 ! f I i. f P. !. r = >24. fID''~ ~ ~ - - = =1©1.83' i ~ - _ - _--. - -~ Ito wr ~1ia1 su-z~s - - r ~a~a-aar: - - - - - a~ as ! ~.~rr ro ~ ~ PEATTEb LOT LB+~ Ma 9esaos ! PiIBIAC ~i1rJeESi I I ! GAIWACE SE>~R N~ 1Jp~ YASatEtlt fi flE~tllli 6 ! (w ! ~~ ~ N PARCEL #A" R.O.S. 7825 ! '~ a7,ias s~ FT ~ ! 2.o aeRES ~ I I1 t?'~ ! ~ ~ 1'1 27 S bl` E L-2 ST.~f' N 1 E L- 5 -~ 32aP 5 oasr^1s` 1F T0. N 89'54'01' W L-6 eY S 89'54'01' E ~-7 L-$ tto~ x r~s4' L-9 i S • W _;_~~ ~, ~-a ~A. '- -~ f ,o L.t~.1 _., . ~ ~t'O1' lY f2YGt AD' [ ! 3 ~"~ P' "'~ .~ ! ~~ ~ ~~ EAS13~1T 1 ~~ i,,. ------J ~-i a rl O Y z1 ~' l s s ~~~ .~. ~rf ~~ Ir ~ N ~D ;~f'~'Z" £ N 8~":~f Dt W ~, P..QB. `8• 97. f6' ~S.1aID' E. PINE AVE., 0 REV1S30NS ~ CITY OF MERIDIAN WATER EASEMENT EXHIBIT GEMTONE CENTER NO. 5 ~f C+0[~'-e>NC. SUBDIVISION SECTION 8, T.3 N.., R.1 E.. ~94n s, so~rro war BwM, MERI©IAN, ADA COUNTY, IDAHO st~rE 140 r MERiDiAAI, IQAHO $3642 208-288-0573 r~wN: ~ aATE: os/27/o~ ~~ ~•=5a' ,roe ra. 7ss~~ ~~~ ~ ~ Meridian City Council July 3, 2007 Page 3 of 28 De Weerd: I'd like to kind of interrupt the agenda for a moment for some staff introductions. I would like to first start with introducing our new Executive Assistant in my office, Robert Simison. If you will stand up. Robert just started yesterday. So, you should be seeing a lot of him. And, then, our Director Canning has an introduction as well. Canning: Madam Mayor, Members of the Council, I'd like to introduce to you Will Thornton and he has joined us as an Associate City Planner and he will be working on the design guidelines and just think that Will is going to be a great addition to us. He comes to us from an architecture firm. We better not mention who he was supposed to be working for, we might get in trouble. So, we are happy to have him aboard. And he actually started a week ago Monday. De Weerd: Well, welcome. We appreciate you joining us and certainly it's been a long awaited addition to the planning department having an eye to design. So, thank you for joining us. Item 5: Consent Agenda: A. ~ Approve Minutes of June 19, 2007 City Council Regular Meeting: B. Findings of Fact and Conclusions of Law for Denial: RZ 07- 008 Request for a Rezone of approximately 4 acres from a C-N zone to a C-C zone for Lots 1 - 5, Block 1 of the Corner at Vineyards Subdivision for Cherry Wood Village by Richard Brown and Roy Brown -Southwest Corner of Cherry Lane and Linder Road: C. Findings of Fact and Conclusions of Law for Denial: CUP 07- 007 Request for a Conditional Use Permit to allow retail sale and service of motor scooters within the C-C zoning district on Lot 3, Block 1, of the Corner at Vineyards Subdivision for Cherry Wood Village by Richard Brown and Roy Brown -Southwest Corner of Cherry Lane and Linder Road: D. Water Main Easement Agreement for Hastings Subdivision by Monterey, LLC: E. Water Facilities Easement Agreement for Pinebridge Office Building by DMB Management, LLC: F. Amended Resolution No. 07-562 A Amended To Correct Exhibit A for Public Works Rate Change: G. Tabled from June 5, 2007: Resolution No. - Adoption of Records Retention Schedule: Meridian City Council July 3, 2007 Page 4 of 28 H. Interagency Agreement with Ada County Highway District for Transfer of Subdivision Record Drawings: I. Permanent and Temporary Easement Relinquishment for Janicek Properties, LLC: J. Agreement with the Joint School District No. 2 for School Resource Officer between the Meridian Police Department and . Meridian School District: De Weerd: Item 5 is the Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the Consent Agenda Item G has been asked to be tabled to August 14th and that's the only change from the published Consent Agenda and I move we approve the Consent Agenda as noted and for the Mayor to sign and Clerk to attest on all papers. Rountree: Second. De Weerd: I have a motion and a second to approve the Consent Agenda as noted. If there is no discussion, Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Department Reports: De Weerd: Thank you, Mr. Berg. There are no items under department reports. Item 7: Items Moved from Consent Agenda: De Weerd: No Items moved from the Consent Agenda. Item 8: Request to withdraw application for LDS Rezone RZ 07-004 by Bob Niblett of Niblett and Associates Architects: De Weerd: So, I will move to Item 8 with a request to withdraw application. Anna. Canning: Madam Mayor, Members of the Council, I didn't prepare anything for this. You have received a letter just requesting that you withdraw the application. We