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Water Main Easement with Meridian First Baptist Church for City Water LineADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 BOISE IDAHO 05/10/01 01:48 PM DEPUTY Paiti Thompson III IIIIIIIIIIillllllllllllllllllll III RECORDED-REQUEST OF Ciry of Meridian 10706755 WATER MAIN EASEMENT THIS INDENTURE, made this // 3'~`day of ~C, 20 0~` between~~~y4./~-r/~~ ~~ , 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 mainright-of--way across the premises and property hereinafter particulazly 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 pipelit~ 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) a~b C w~ d D 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 Grantce, with the free right of access to such facilities at a~ 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 azea 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 azea 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 acry part of the right-0f-way and easement hereby granted shall become part of, or lie within the boundaries of amp public street, then, to such extent, suchright-of--way and easement hereby graYrted 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 MAIN Page THE GRANTORS do hereby covenant with the Grantee that they aze 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 yeaz first herein above written GRANT • lr~c.~-cr Secretazy STATE OF IDAHO ) ss County of Ada ) On this ~ 3 day of /~/ L , 20 d~~before me the undersigned, a Notary Public in and for said State, personally appeared IQ. i c,N-A.rd ~. ns n n ~ known or identified to me to be the re~~~p,-respeettvel~ of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNES S WHEREOF, I have hereunto set my hand and affixed my official seal the day and year Est abOVe Wiltterl. ~ee~~~uiN~~ {SEAL) - „t • +. ~ : ~k 1'UBL1G••~~ '~ • cP • N ARY PUBLIC FOR ID A 3 7 _ Residing at Commission Expires: ~Z a Water Main Easement EASMT WTR MAIN _~ ~ GRANTEE: CITY OF MERIDIAN Tammy de Weer yor ,.~` o ~~ %~ , ~~ F~ -~,~, o~aa.e~~ Attest by William G. Berg, ity Clerk ~ Approved By City Council On: ~~ ~ _ t _ ~`~ t~ i~ STATE OF IDAHO, ss. County of Ada ) 4 ~~ On this ~~ ~ day of ~~ ~~~ , 20 v ~, 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. (SEAL). :,~,. i '~~ l G~'~ /~1 ~j, ~ - ~~~ ti NOTARY PUBLIC FOR IDAHO Residing at: '~1-~ ~ ~ ; ~~ %~ Commission Expires: C ~_ l `~ - I / Water Main Easement EASMT WTR MAIN ~~~ ARR~W GPS, BOUNDARY, TCIPOGRAPHIC AND A.L.T.A. SURVEYS S . CONSTRUCTION STAKING land Surveying, ~11C. 3D SCANNING 1121 E. State Street Suite 185 Eagle, Idaho 83616 office: 1.288-939-7373 fax: 1-288-939.7321 Job No. 07145 J.B.F. 4-5-07 LEGAL DESCRIPTION FOR CITY OF MERIDIAN 20' Waterline Easement Part Lot 1, Block 9 of Niday's Addition to Meridian located in the Southwest 1/4 of the Northeast 1/4 of Section 12, Township 3 North, Range 1 West of the Boise Meridian, City of Meridian, Ada County, Idaho described as: Commencing at the Center Quarter corner of Section 12, Township 3 North, Range 1 West of the Boise Meridian, City of Meridian, Ada County, Idaho and running thence S89°49' 16"E 1205.81 feet along the Center East-West line of said Section; thence N00° 15' 18"E 30.00 feet to a point on the North right-of-way line of West Pine Ave. (said point being the Point of Beginning); thence N00° 15' 18"E 248.00 feet; thence N89°44'42"W 47.00 feet; thence N00°15' 18"E 20.00 feet; thence S89°44'42"E 47.00 feet; thence N00°15' 18"E 25.00 feet; thence S89°44'42"E 39.00 feet; thence S00° 15' 18"W 20.00 feet; thence N89°44'42"W 19.00 feet; thence S00° 15' 18"W 273.00 feet to a point on the North right-of-way line of West Pine Ave.; thence N89°45'09"W 20.00 feet to the point of beginning. ~,t LAND ,SG. , ~~ ~STE .rG,~G - ~ zo ~C a~so~ ~Q vF;:l'~re of ~~' Psge_ ~ o£.._ o~ ARR~W GPS, BOUNDARY, TCIPOGRAPHIC AND A.L.T.A. - SURVEYS S CONSTRUCTION STAKING land Surveying, ~nC. 3D SCANNING 1121 E. State Street Suite 185 Eagle, Idaho 83616 office: 1.288-939-7373 fox: 1-288.939.7321 Job No. 07145 J.B.F. ..f-.' _ . )7 LEGAL DESCRIP'I'IQN FOR_ CI'I~'Y ®~' ~i~IERIDIAN 20' Waterline Easement Part of the Southwest 1/4 of the Northeast 1/4 of Section 12, Township 3 North, Ita;zge West of the Boise Meridian, City of Meridian, Ada County, Idaho described as: Commencing at the Center Quarter corner of Section 12, Township 3 North, Range West of the Boise Meridian, City of Meridian, Ada County, Idaho and running thence S89°49' ~ 6"E 988.50 feet along ±he Center East-West line of said Section; thence N+~O°15' 18"E 30.00 feet to a point on the North right-of-wuy liz-ze of West Pine A~~~.-;`(~~;~ po ~ ~z~ bei_ng the Point of Beginning); thence ?~70C° 1 ~' 18"E ; 2.17 feet; ther_ce N45°15'18"E 31.11 feet; thence S44°44'42"E 20.00 eCl;; thence S45°15'18"W 22.83 feet; thence S00° 15' 18"VJ 63.85 feet to a poi2zt on the North right-of-way line of West Pine Ave.; thence N89°49' 16"W 20.00 feet to the point of beginning. ExN ~ 4 iT "c,' age~~~ P s-s,-a ~~ ~~ ~~ ~~ ~z W ~~~ aV 1II(K3J ~~~Q ~~~ ~~~Q !0 M31PCi3 Page City of Meridian, Public Works Engineering InterOf~ce Memo RECEIVED MA°r 1 4 2007 Toe Tara Green Fr+orre Kane Glenn C~ Dabee 5/10/2007 Ree Original / Reoortled Dots for VauR 107067258 5/10/2007 WATER Meridian First Baptist Church City Uf IVleridian City Clerk Office Meridian 1st Baptist easement From the desk of... Kane A (ilerm Dept. Specialist Supervisor Punic Works: Engineering Division 660 E Watertower Ste 200 Meridian, Idaho >i3642-2600 (~) 898-5500 Fax: (208) 89&9551 s Page 1 Meridian City Council April 24, 2007 Page 5 of 61 A. Approve Minutes of March 20, 2007 Pre-Council Meeting: B. Approve Minutes of March 27, 2007 City Council Regular Meeting: C. Approve Minutes of April 3, 2007 City Council Regular Meeting: D. Findings of Fact and Conclusions of Law and Order for Denial: AZ 06-059 Request for Annexation and Zoning of 224.26 acres from RR to R-2, R-4 and R-8 zones for Blackrock Castle Greens Subdivision by Providence Development -west of South Eagle Road and south of Amity Road: E. Findings of Fact and Conclusions of Law and Order for Denial: PP 06-059 Request for Preliminary Plat approval of 644 residential lots and 31 common lots on 224.26 acres in the proposed R-2, R-4 and R-8 zones for Blackrock Castle Greens Subdivision by Providence Development -west of South Eagle Road and south of Amity Road: F. Findings of Fact and Conclusions of Law and Order for Approval: RZ 07-004 Request for a Rezone of 7.23 acres from R- 4 to L-O zone for the property located at 1615 W. 2nd Street for LDS Church by Bob Niblett, Niblett & Associates Architects - 1615 West 2nd Street: G. Resolution No. 07-555 Approving Tully Skate Park Rule Change to Allow Bicycles at the Skate Park: H. Resolution No. 07-556 Declaring Surplus Property for Used Computers: I. Resolution No. 07-557 Parks and Recreation Department New Fees and Fee Changes for Recreation Programs and Activities: J. Approve FY07 Budget Amendment for Police Department to account for revenue received from students of $6900.00 for Kaminsky FTO Seminar: K. Water Main Easement Agreement for Meridian First Baptist Church: L. Approve Contract for the Tertiary Filter Retrofit with CH2M HILL for $56,370: Meridian City Council April 24, 2007 Page 6 of 61 M. Approve New Beer license (2007-08) for Elsa Mendoza dba Super Pollo Mexican Grill at 2031 E. Fairview Avenue, #103: N. Approve Transfer of Owner for Beer and Liquor licenses from Lvnn Killian to Judith A. Sproule for Kahootz Steak and Alehouse at 1603 N. Main Street: O. Public Works Change Order No. 1, Water and Sewer Improvements in Conjunction with Roadway Project Intersection Linder and McMillan Road with Parametrix Engineering for $1500: Q. Approve Beer, Wine and Liquor License Renewals: Kahootz Steak & Alehouse Carrabba's Italian Grill Chinatown's Quik-Wok Smoky Mountain Pizza & Pasta EI Tenampa Double D Home 8~ Ranch My Caffe Fiesta Guadalajara Sa Wad Dee Johnny Carinos Country Italian Dancing Dog Coffee House Health Nuts Market, Inc. Harvest Buffet JB's Restaurant Lakeview Golf Course Lotus Garden Chinese Restaurant 127 Club Mason's Maverick Store #233 New Frontier Club Ram Restaurant & Brewhouse Rite Aid #5412 San Francisco Sourdough Eatery Sidelines Sports Bar Texas Roadhouse Baja Taco Vina St. Lukes Medical Center R. Tabled from March 27, 2007: Resolution No. - :Adoption of Records Retention Schedule: Table to May 22, 2007 Meridian City Council April 24, 2007 Page 7 of 61 De Weerd: Council, do I have a motion on the Consent Agenda? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I would like to know what Councilman Zaremba wanted to -- Zaremba: Madam Mayor, I'm hoping that it will be a short question and a short discussion, but I think it would be appropriate to ask for the item to be moved from Item 7 to Item 8 and I'm referring to Item 7-E, the Compliance Agreement with Meridian Bowling Lanes, Inc., and if we do move that from the Consent Agenda to Item 8, then, we would also need to move Item 7-Q, the very last item, Meridian Bowling Lanes, to join it in Item 8. Bird: Okay. Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: With that on our Consent Agenda, as I stated, G, H, and I are resolution numbers 07-555, 07-556, and 07-557 and Item No. P would be pulled to 8-P and item number Q, think -- Zaremba: Meridian Bowling. Bird: -- that's 28 and 27, Meridian Bowling Lanes, would be pulled to Item 8-Q, Meridian Bowling Lanes, and with that I move that we approve the adopted Consent Agenda. Zaremba: Second. De Weerd: Okay. I have a motion and a second to approve the Consent Agenda with the changes as noted. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 8: Items Moved from Consent Agenda: P. Compliance Aareement with Meridian Bowling Lanes, Inc.: Q. Approve Beer, Wine and Liquor License Renewals: Meridian Bowling Lanes De Weerd: Okay. Item 8, we removed P and under Q the Meridian Bowling Lanes. I will open that for discussion with Mr. Zaremba.