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Water Main Easement with Pleasant Valley Limited Partnership for Pleasant Valley OfficeMike Ford -Yanke-E1-Water Main Easement.doc Page 1 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 BOISE IDAHO 05121107 09:57 AM DEPUTY Vicki Allen RECORDED-REQUEST OF III IIIIII'I'III~IIIII'IIIIII'll' II III Ciry of Meridian 107071996 WATER MAIN EASEMENT THIS INDENTURE, made thi~Srt~ day of ~g ('t;'t L , 2007 between Pleasant Valley Limited Partnership, an Idaho limited partnership, the parties 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 Grantor 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 of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor 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. TI' 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 GRANTOR 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 GRANTOR 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 Water Main Easement Yanke-El-Water Main Easement Mike Ford Yanke E1 Water Main Easement doc Page 2 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 GRANTOR 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: PLEASANT VALLEY LIMITED PARTNERSHIP ,. ) . - . -.~=~i.. ~ ~~ -~ l ~ ~,-~.~-~~ Linda L. Yanke, General Partner STATE OF IDAHO ss County of Ada ) On this ~_ day of ~ ~ , 2007, before me, the undersigned, a Notary Public in and for said State, personal y appeared LINDA L. YANKE, known or identified to me to be the General Partner of the limited partnership that executed the within instrument, and acknowledged to me that such limited partnership executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ~~A COti ~~_""~ ~,0~~'~ll~l o NOTARY P~~LIC FOR IDAH ~d~~j. ` Residing at l(Vit~1l ~ ~-~..~ Commission Expires: (~ • ~ (- iZ puBLt;G t!-~% ~•• O -.. :,~ ~9 T. •. ~~k ~..FQF1D_~ Water Main Easement Easement Yanke-El-Water Main ~s2pt~. Mike Ford -Yanke-E1-Water Main Easement.doc Page 3 GRANTEE: CITY OF MERIDIAN \\\\\`~~~~~~~i'si~r;~;1J~ /sr~s// C3~~ °4,~, '; _~ ~~ O Tammy de We ayor _ ~ u~L /, ~~ 7 Attest by William G. Berg, City Jerk %~Q„~ t3 ~~` ~~` Approved By City Council On: 0 /j~~ r - ~i `,~~>V`°\`\``\ ~" _ _ I 1 STATE OF IDAHO, County of Ada ss. ,;.~,.. On this day of f ((1~,c ~ , 20~1,~ before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY 1:7E 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) NOTARY PUBLIC FOR IDAHO • i' Residing at: % ~~~".. /_ G~ ~ ~ ~- ~~ ~ Commission Expires: /~ ~-l ,S`- / / Water Main Easement Yanke-El-Water Main Easement Mike Ford - Yanke-Water-Ease-Exh-042407.pdf Page 1 -- TEALEY'S LAND 197 E. 50th Street • Garden City, Idaho 83714 SURVEYING (208) 385-0636 Fax (208) 385-0696 Project No.: 3137 Date: April 24, 2007 EXHIBIT "A" DESCRIPTION OF MERIDIAN WATER LINE EASEMENT FOR PLEASANT VALLEY, LP A parcel of land being a portion of Lots 6 and 7 of Block 2 of Gemtone Center No. 2 as on file in Book 74 of Plats at Pages 7664 and 7665 in the Office of the Recorder for Ada County, Idaho, said parcel being situated in the NE 1/4 of Section 8, T.3N., R.1E., B.M., Meridian, Ada County, Idaho and more particularly described as follows: $EGINNING at an iron pin marking the Southwest comer of said Lot 6; thence along the West line of said Lot 6 North 00°01'4$" East 20.00 feet a point; thence leaving said West line South 89°35'15" East 30.00 feet to a point; thence -South 00°01'48" West 20.00 feet to a point on the South line of said Lot 6; thence along said South ine , North 89°35'15" West 5.00 feet to a point; thence leaving said South line South 00°01'48" West 25.00 feet to a point; thence ' North 89°35'15" West 25.00 feet to a point on the West line of said Lot 7; thence along said West line of said Lot 7 North 00°01'48" East 25.00 feet to the POINT OF BEGINNING. Said Parcel Contains 1,225 Square Feet, more or less. ' 3137-water-ease-dese.doc - dnm Mike Ford - Yanke-Water-Ease-Exh-042407.pdf Page 2 N. ,]L ~~ 0 IS 30 60 SCALE IN FEET I" = 3 w 0' i :.~ ` I WI >' a ) } 0 Y I v I l z I ~. '~~ I SW CORNER LOT 6 AND NW CORNER LOT 7, BLOCK 2 ` I !. 00-IJ-W 16:50:10 EXHIBIT "B" MERIDIAN WATER LINE EASEMENT EXHIBIT FOR PLEASANT VALLEY, LP LOTS 6 & 7, BLOCK 2, GEMTONE CENTER No. 2 THE NE I/4, SECT. 8 T.3N., R.IE., B.M., MERIDIAN, ADA COUNTY, IDAHO /%~ - I+ I I ;I ,I I ~• s ~o - °o° ao O N O w ~o 25.00' ev _ _ EP- S 89.35.6' E 257.0' LOT 6 io ' ac ' N O N .. 3 m N 89'35'15' W e o 5.00' _o ONE EP .~. N ~~~ ~ N 89.35'6' W 25687' ,: I LOT 7 I DEVELOPER/OWNER: PLEASANT VALLEY L.P. I c/o MIKE FORD I PO BOX 5405 I BOISE, ID 83705 (208) 859-7178 (208) 338-2215 CFAX) City of Meridian, Public Works Engineering /nfer0l9Fice Memo Tae Tara Green Friorr,r Kane Glenn CG Dabee 5/21 /2007 Res Original / Reoorcied Dots for Vault 107071996 5/21 /2007 WATER RECEIVED MAY 1 g 2pp7 City Uf]Vleridian City Clerk Office Pleasant Valley Pleasant Valley LTP Office easement From the desk of... Kane A Glenn Dept. Specialist Supervisor PubAc Warp: En~eera~g Division 660 E Watertowrer Ste 200 AAeric~an, Idaho 83642 2800 (ZOS) 896.5600 Fax: (208) 898-9561 • Page 1 Meridian City Council May 8, 2007 Page 4 of 18 Item 6: Consent Agenda: A. Findings of Fact and Conclusions of Law for Approval: AZ 06- 065 Request for Annexation and Zoning of 22.30 acres from R1 to a C-G zone for Ahlquist Annexation by Ahlquist Development, LLC -Southeast Corner of the intersection of Eagle Road and Franklin Road: B. Findings of Fact and Conclusions of Law for Approval: PP 07- 007 Request for Preliminary Plat approval of 11 commercial lots on 19.30 acres in the proposed C-G zone for Gardner-Ahlquist Gateway Subdivision by Ahlquist Development, LLC -Southeast Corner of the intersection of Eagle Road and Franklin Road: C. Findings of Fact and Conclusions of Law for Approval: VAR . 07-006 Request for a Variance to UDC 11-2H-4 to allow an existing approach to Eagle Road (SH 55) to remain as part of the intensification and change in use proposed for the property for Gardner-Ahlquist Gateway by Gardner-Ahlquist Development, LLC -Southeast Corner of the intersection of Eagle Road and Franklin Road: D. Appropriate Clothing Procurement: Resolution No. 07-558 Operating Policy and Procedure Manual Regarding Attire for Work Purposes, and E. Resolution No. 07-559 Amendment to the Standard Operating Policy and Procedure Manual Regarding Electronic Mail: F. Resolution No. 07-560 Amendment to the Standard Operating Policy and Procedure Manual Regarding On-Call / Call Out Duties and Compensation: G: Approve Water Main Easement Agreement for Pleasant Valley Office by Pleasant Valley, LTP: H. Approve Memorandum of Understanding with DMHR Development, LLC - Gemtone No. 5 Irrigation Reimbursement for $17,900.50: Amendment to the Standard I. Approve Licen_s_e Agreement with Nampa & Meridian Irrigation District fora 10 inch Water Main under the Nine Mile Drain within the Taylor Subdivision: Meridian City Council May 8, 2007 Page 5 of 18 De Weerd: Okay. Item 6, our Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the Consent Agenda, which Item D is 07-561, Item E is 07- 559 and Item F is 07-560, resolution numbers, and with that I move we approve it 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 as stated. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 7: Items Moved from Consent Agenda: De Weerd: Okay. There were not items moved from the Consent Agenda. Item 8: Public Hearing: Proposed Issuance by the Colorado Educational and Cultural Facilities Authority of its Adjustable Rate Demand Revenue Bonds, Series 2007 for Cole Valley Christian Schools Project: De Weerd: Item 8 is a Public Hearing on the proposed issuance for Cole Valley Christian School. I will go ahead and open this Public Hearing and ask if there are any comments from the public. Mr. Berg, do you have a statement on this to read, so that -- this is some bonding and funding that Cole Valley Christian School is pursuing. As part of that bonding requirement they do have to issue a Public Hearing. The city is offering this as -- to help them fulfill their requirements and it requires no action, just a Public Hearing. Mr. Berg. Berg: Thank you, Madam Mayor. You said it pretty well, but I will just read a bottom sentence that you will sign it and I will attest to on the document. The City of Meridian will not bear responsibility for this tax exempt status of the bond, the debt service on the bonds, or any matter related to the bonds. We are holding a Public Hearing for these bonds and for the school and for the bondholder and that's all our obligation is. So, we are just doing it as a service to them and I think all the obligations that they need to have will be met. And if the attorney has anything else to add he can. Baird: Madam Mayor, Members of the Council, that says it all. My notes, in preparation, were just to reemphasize that this is not a pass through like you have done