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Public Utilities, Irrigation and Lot Drainage Easement with Paramount Development, Inc. for Paramount Subdivision No. 13ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 ; BOISE IDAHO 06114!07 01:21 PM DEPUTY Vicki Allen RECORDED-REQUEST OF II I i ~ II'I IIII II'I I I' I l ~ II I lI II II i I'll City of Meridian i ~70~5123 PUBLIC UTILITIES. IRRIGATION AND LOT DRAINAGE EASEMENT THIS INDENTURE, made this 8th day of Mav , 20 07 between PARAMOUNT DEVELOPMENT, INC., the parties of the first part, and hereinafter called the Grantors, and the CITY OF MERIDIAN, Ada County, Idaho, Qwest Communications, Intermountain Gas Company, Idaho Power Company, Cable One, and Settler's Irrigation District, parties of the second part, and hereinafter called the Grantees; WITNESSETH: WHEREAS, the Grantors desire to provide a public utilities, irrigation and lot drainage easement across the premises and property hereinafter particularly bounded and described; and WHEREAS, future public utilities, irrigation and lot drainage facilities may be installed within said easement; and WHEREAS, it my be necessary to maintain, and service said public utilities, irrigation and lot drainage facilities from time to time by the Grantees; 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 Grantees an easement for the installation, operation, and maintenance of public utilities, irrigation and lot drainage over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of installation and operation of public utilities, irrigation and lot drainage and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantees, 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 Grantees, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after installation, making repairs, or performing other maintenance, the applicable Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such installation, repairs and maintenance. However, Grantee(s) 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 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. Public Utility Easement ~ ~ ~ ~ ,~ Paee~. _.._e~.~.L. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. PARAMOUNT DEVELOPMENT, INC. STATE OF IDAHO ) ss County of Ada ) On this ~ day of ~~- , 20 ~ before me, the undersigned, a Notary Public in and for said State, personally appeared DAVID W. TURNBULL and REBECCA A. HANKS ,known or identified to me to be the President and Secretary, 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 fist above written. (SEAL) * xo *~ * LIC FO DAHO Pe~uc Residing at ~ ~'~~~~,?'~ Commission Expires: lJ Public Utility Easement ~~ , ~j PaSe.`~-.A~ GRANTEE: CITY OF MERIDIAN 44441ti i}jii;, .A~~'~~ ~ 1~,~~. ~ O~ ~, `":k '~f , •,, "' T '~' Tammy de Weerd, y r ~~ ~~L - y - Attest by William G. B g, C ty Clerk = ~~ ~~ Approved By City Council On: ~ °~ STATE OF IDAHO County of Ada ss. On this Z~~, day of ~ ~~ l c~ ~ ~~ , 20 ~ 1 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) ~ ~~T~,f- ~~ NOTARY PUBLIC FOR IDAHO • ' ' • Residing at: ~ti\..~ ~ b~r:~ ~c! . • ~ ; Commission Expires: 5- I ~ ~r- ,. `. ~ •~~.~ • Public Utility Easement Pages A 5.Od foot wide Public Utility, irrigation and Lot Drainage Easement locafied on both skies of the common side lot lines of Lots 1 through 6, and the Easterly side lot line of Lot 6, Block 35 of Paramount Subdivision No. 13. as recorded in Book 97 of Plats at Page 12,128 of Ada County Records, Meridran, Ada County, Idaho. ~'age~~ PARAMOUNT SUBDIVISION N0. 13 EASEMENT EXHIBIT MAP EXHIBIT 6 ~ \ ,~w = ~~ / ~. O ~ G~,~' ~ ~J s- ~ ~~ ~ . / ~ ~ ~ ~ . ,~ s- ,' , •oG ~~ ~ ~ ~.. ~ i~ ~ ~ i C ,o .~ ~ ~ i ~ ~ ~ ~~ G ~ i~ ~i~ ~~ 4 ~ O ~~i ~ i ~ i ~ ~~~ ~~ ~~ ice/ 9~j,9 G~~ii ~~ n ,'i ~~ O F~~s ~ ~ ~ LL ~i i~ ~~ ~i 9sF ~,p~~ AF ~t,.r~ ~~i~ 6 ~FyTC~9 C~ tS ~i ~ O ~i ~~ ~D ~ ~ i ~~ i ~>yA~G S~. i ~ s- ~•~ 7 ~~ '9 7880 ~ J ~~~70 ~ ~~ v~*~~~~ ~ ~~~ Pa~~~f. Meridian City Council May 22, 2007 Page 4 of 36 C. Approve Minutes of May 1, 2007 City Council Meeting: D. Approve Minutes of May 8, 2007 City Council Regular Meeting: F. Approve Public Utilities, Irrigation and Drainage Easement for Paramount Subdivision No. 13: G. Agreement for Professional Services for Safety Consulting with Safety Enterprise, Inc. for $10,000.00: H. Development Agreement: AZ 06-031 Request for Annexation and Zoning of 290.87 acres from RUT to an R-8 (Medium Density Residential (115.65 acres), R-4 (Medium Low-Density Residential) (50.17 acres), TN-R (Traditional Neighborhood Residential) (65.60 acres), TN-C (Traditional Neighborhood Center) (20.71 acres) and R-2 (Low Density Residential) (35.21 acres) and L-O (Limited Office) (3.48 acres) for South Ridge Subdivision by James L. Jewett -south side of Overland Road between Linder Road and Ten Mile Road: Contract Change Order with Ideal Demolition Services, LLC for Asbestos Abatement and Demolition: J. Approve New Beer and Liquor Licenses for Neil K. Gu dba Idaho Steakhouse at 3560 N. Eagle Road: De Weerd: Okay. I don't get emotional about land use, so I'm okay the rest of the meeting. Sometimes I don't. Staff might not agree. Okay. Item 6 is our Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: As I stated earlier, Item E has been asked to be tabled to June 5th, 2007. With that change I move that we approve the Consent Agenda as published and for the Mayor to sign and the Clerk to attest on all papers. Rountree: Second. De Weerd: I have a motion and a second to approve the Consent Agenda as changed. If there is no discussion, Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent. MOTION CARRIES: THREE AYES. ONE ABSENT. City of Meridian, Public Works Engineering InferOffice Memo To: Tara Green From: Karie Glenn CC: Date: 6/14/2007 Re: Original /Recorded Docs for Vault 107085123 6/14/2007 PUID Paramount Paramount #13 (several easement Development LLC lots) 107085124 6/14/2007 WATER Tals Professional LLC Talus Medical Bldg easement From the desk of... Karie A Glenn Dept. Speaalist Supervisor Public Works: Engineering Division 660 E Watertower Ste 200 Meridian, Idaho 83642-2600 (208)898-5500 Fax: (208) 898-9551 • Page 1