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Water Main Easement with Ronald W. Van Auker, Inc. for TRK 72K Addition, Van AukerADA COUNTY RECORDER J. DAVID NAYARRO AMOUNT .00 BOISE IDAHO 04120107 03.20 PM DEPUTY Bonnie Oberbillig II I I I II II IIII it 11 l l 11 l 11 i l 11 l 111 l l III RECORDED-REQUEST OP 10705312 Meridian City WATER MAIN EASEMENT ~ f THIS INDENTURE, made this ~ day of ~, 2007 between Ronald W. Van Auker, Inc., 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 and service 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 operation and maintenance 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, 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 the Grantee, in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such repairs and replacement. However, the Grantee will not be responsible for repairing, replacing or restoring any permanent structures, large trees or brush placed within the area described in this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed Water Main Easement Page 1 EASMT.WTR l.doc Page_~af 5 any permanent structures, large trees or brush within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. 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. STATE OF IDAHO ) ss County of Ada ) On this ~~ day of ~- ' , 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared Ronald W. Van Auker, known or identified to me to be the President, 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 first above written. `~ ~,OT AR Y w~~' PUgV~G O ••.._ TE OF _..o Y PU LIC F ~ HO es' ing at: il/ C fission Expires: 7 ~/ a.,p/Q Water Main Easement Page 2 EASMT.WTR l.doc Page CITY OF MERIDIAN Tammy de We rd, May `~~• ~,y°~ ~. ~ -,. Y~ , ' . ~, ~-,,e~ t.:bb `~~ `~, .GGL-; William G. Berg, Jr., y erk _ $~~ 7e ~= Approved by Council on STATE OF IDAHO, ) . ss. County of Ada, ) ~~ T 1 ~~ • ,~ ~~.: ,~P .~ ~JNT'~ ~ ~`~~ ~~~~~ri~~i~ ~~,~~~,~~~~ -~L1 On this day of 'f'L ~-'~ ,2007, before- me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared Tammy de Weerd and William G. Berg, Jr., known to me to be the Mayor and City Clerk of the City of Meridian, Idaho and who subscribed their names to 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 ~ ~~ ~~.~ 1(Y~ ~~ ~ ~ ~~~~' ~..... ~•• R,(Z~ ~; •.• Notary Public for Idaho ~•~'~~OT,q~'~ ~ Residing at: "IlLc (G~~•_ ~~ ,~`+~ ~ My Commission Expires: (G'•-l S~- ~~ • ~ , • ~ i • • ~ ~ ~ ~ ~ • ~,~ ; ••'9~,'rgLIC. ' • 0• ••~• o' rod;. P~e~ EXHIBIT "A" A Water Line Easement over, under and across a portion of the SW1/4 of Section 9, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho and more particularly described as follows: Commencing at a brass cap monument marking the southeast corner of said SW 1/4, from which a brass cap monument marking the southwest corner of said SW1/4 bears N90°00'00"W a distance of 2706.17 feet; thence along the East line of said SW1/4 N00°08'09"E a distance of 1057.46 feet to a 5/8 inch rebar marking the intersection of said East line and the South right-of--way line of the Union Pacific Railroad, thence leaving said East line and along said South right-of--way line N89°07'46"W a distance of 310.46 feet to a point marking the POINT OF BEGINNING; Thence leaving said South right-of--way line SO1 °32'28"W a distance of 56.93 feet to a point; Thence N88°27'18"W a distance of 50.38 feet to a point; Thence S00°51'41 "W a distance of 305.25 feet to a point; Thence N89°08'51 "W a distance of 20.00 feet to a point; Thence N00°51'41 "E a distance of 305.49 feet to a point; Thence N88°25' 11 "W a distance of 249.51 feet to a point; Thence N00°52'24"E a distance of 20.00 feet to a point; Thence S88°25'36"E a distance of 211.36 feet to a point; Thence NO1 °34' 24"E a distance of 10.00 feet to a point; Thence S88°25'36"E a distance of 20.00 feet to a point; Thence SO1 °34'24"W a distance of 10.00 feet to a point; Thence S88°25'36"E a distance of 68.77 feet to a point; Thence NOl °32'28"E a distance of 36.70 feet to a point; Thence S89°07'46"E a distance of 20.00 feet to the POINT OF BEGINNING. Said easement contains 13,448 square feet or 0.31 acres more or less and is subject to all existing easements and or rights-of--ways of record or implied. Attached hereto is "Exhibit B" and by this reference is made a part hereof. C066107 72K water easement north KNS 02 02 07.doc i ~ Page~O~ EXHIBIT "B" WATER LINE EASEMEN A PORTION OF THE SWI/4 OF SECTION 9 TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN ADA COUNTY, IDAHO 2007 _ -----~-- J" v 20.00' ~ ~,,. r N01'34'24"E SO1°34'24"W N01'32'28"E S89'07'46"E 10.00' 10.00' /~ 36.70' 20.00' \ ~ ~ - ~. ~ ~ S88'25'36"E UNION PACIFIC R.R. ~ ~ ~ 68.77' o \~-----~ =~ ~ N89'_07'46"W 310.4-6-'-Q -- -- -- -~~-\---~-- P.O.B.-~- 1 S88'25'36"E 21 1.36' ~ ~p_.p~ ~~7 Cl-~- I I N00°52'24"E - - I S01'32'28"W I I 20.00' N88'25'1 1 "W 249.51' ~ ~ ~ 56.93' o I I N88'27' 18"W I LEGEND 50.38 I - - - - BOUNDARY LINE ~ LOT LINE - EASEMENT LINE - - SECTION LINE ~ ..................... TIE LINE 0 I I I i I 0 P - - 8 9 17 16 KNS DATE FOUND 5/8" REBAR CALCULATED POINT FOUND BRASS CAP ~ I I ~n ~ cV ~) I ~ I W I I I ~ ~ ~ ~ I r OI O I p O I I O W I I O O O I I O O Z N89'08'S1 "W 20.00' I o O 40.00' ~' N90°00'00"W 2706.17' 16 EAST FRANKLIN RD. 1 /4 COR. cws - DRAWN aY. VAN AUKER 72K BUILDING ADDITION PINNACLE SCALE: WATER LINE EASEMENT Engineers, Inc. t "=100' 12352 w. E+.cutiw a., sm,. e, e°e., mm° N B}~ n~ (zoe) ae'o ~ C c Meridian City Council April 10, 2007 Page 3 of 73 F. Approve Streetlight Agreement for Paramount Subdivision No. 1 by Paramount Development, Inc.: G. Approve Streetlight Agreement for Paramount Subdivision No. 3 by Paramount Development, Inc.: H. Approve Beer, Wine and Liquor License Renewals: Round Table Pizza Wingers An American Diner Harks Corner Jack in the Box Quick StufF Top Shelf Muggsy's Fred Meyer #198 Blue Ribbon Artisans Bistro Louie's Pizza 8~ Italian Restaurant Whitewater Pizza 8~ Pasta Walmart Supercenter #2862 Pier 49 Pizza -- 1551 W. Cherry Lane, Ste 102 3665 E. Overland Road I. Agreement for Professional Services with DC Engineering for Design and Coordination of Installation of Weather Station #2 and SCADA integration: J. Approve Sanitary Sewer and Water Main Easement for TRK 72K Addition by Ron W. Van Auker, Inc.: K. Approve Water Main Easement No. 1 for TRK 72K Addition by Ron W. Van Auker, Inc.: L. Approve Water Main Easement No. 2 for TRK 72K Addition by Ron W. Van Auker, Inc.: M. Approve Change Order No. 3 for JC Constructors for WWTP Expansion Project for $232,220.53: N. Approve Change Order No. 1 for the Water Division Building Project with Ira-Mac for $105,074.00: De Weerd: Item 5, Consent Agenda. Mr. Bird. Bird: Madam Mayor, I move we approve the Consent Agenda as published, with the exception of Item O and Item P being moved to the regular agenda as 7-O and 7-P and for the Mayor to sign and the Clerk to attest on all papers. Meridian City Council April 10, 2007 Page 4 of 73 Rountree: Second. De Weerd: Okay. I have a motion and a second to approve the Consent Agenda with the removal of the two items O and P. If there is no discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Parks Department 1. Discussion of Tully Skate Park Rule Change: De Weerd: Okay. Item No. 6 under Department Reports. We will start tonight's reports with Doug Strong with the Parks Department. Strong: Thank you, Madam Mayor, Members of the Council. I'm here tonight to request that the Council approve my recommendation to change the Tully skate park rules to allow bicycles to use the skate park. There has been much discussion of this proposal over the last several months and the work of the Mayor's Youth Council regarding this issue is to be particularly noted in their assistance in helping us review the rules and what goes on at the park. Enforcement of existing rules not to allow bicycles has placed an unreasonable burden on department staff, police department officers, with no change in use patterns. The most reasonable solution seems to be for this issue to allow bicycles on the skate park as that has been the use of the facility in spite of the rule. All other posted rules would still apply to all users of the facility. This proposal is supported by the parks and recreation commission at their March meeting, the Mayor's Youth Council, the Meridian Police Department, and by department staff. So, I'm, therefore, requesting Council approval to make the rule change and would be happy to answer any questions. De Weerd: Okay. Council, any questions? Bird: I have none. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Doug, has there been any real conflicts to date?