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Water Main Easement with Teach Investments, LLC for Quick LubeADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 .Fib BOISE IDAH012106101 01:~ PM DEPUTY Danielle Boulelie III IIIIIIIIIIIIIIIIIIIIIIIIIII~III III RECORDED-REQUEST OF City of Meridian 10716198 WATER MAIN EASEMENT THIS INDENTi1RE, muck this S~day of ov 2p~bctween. %~ l verft a parties of the first part, anal hcrein.~er called the Grantors, and. the City ofi'Meridian, Ada County, Idaho, the party of the second part, and hereina~:er cal[ed the Grantee; WITNFSSETI-I: WHEREAS, the Grantors desire to provide a water main right~of--way across th,e premises and prnpeHy hereinAftc~r particu.tarly 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 he nettasary to mai~,~tai,i, snrvic~ and, sttbscquently connect td said pipeline tt'om time to time by the Grantee; NOW, THEREFORE, inconsideration of the benefits to be received by the Grantors, attd other good and valuafale consideration, the Grantors do hereby give, grant and convey unto the Grantee the right- Uf--way for an casement for the construction, operation, maintenance, repair, replacement ofa water main over and across the following described property: (SEE ATTACHED EXHIBIT A, and Ii) The easement hereby granted is for tlae purpose of construction and operation of a water line and their a.ll.i.ed facilities, tagethcr with their maintenance, additional connection thereto, repair and replacement at tl~te convenience ofthe Grtxntce, with the free right of access to such 1'xuilities at any and all times. TO HAVE .AND TO HOLD, tl7e said easement ar-d right-of-way untca the lair! rrantp~, ix's successors and assigns forever. IT TS EXPRESSLY' UNDERSTOOD AND AGIZEE.U, by and between the parties hereto, that a'bet' construction, making repairs, perFormi!ng other maintenance or making subsequent connection. to the avatar line, C'rrantee shall restore the. area ofthe easement and adjacent property to tha# existent priorto undertaking such eonstntetion, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing ar restoring anything placed within the arcs described in this easement that was placed there in violation of this easement. TiJlr GIt~.NTOitS hereby cove~~a~rt a«~l agrCe that; they wi11 not place or allow to be placed arty permanent structures, trees, brush., or perennial shrubs or flowers within the area described for this casern.ent, which would interfere with the use of said. easement, fnr the I,nr~,oses stated herein. ThIE CiRANTQRS hereby covenant a»d a,gt~ with the Grantee that should any part of the rlght-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 sash boundary thereof ar which is a parr rherenf shall cease and becomes null and void and of no £urFh®r ef1~eet and shall be completely ralin.quished. Wator Main ~ascmcnt EASMT WTR PaB~,,._.l.~~d THE GRANTORS do hereby covenalit with, the Granl:ee that they are iawfttl.ly seized and possessed of il.~c rcCvre:tnentioned a.nd descrihcd 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 ~gainsti'he 1a~ufiil claims ofal), persons ~vhomsocvcr. TN WITNESS VITHEREpr, the said parties ofthe first part have hereunto subscribed their signat<~res the day a~~d yeas first herein above written. GRA1~iTOR: Secretary STATE OF IDAHO ) ~s Cota.niy pfd°Ea,~,) ~n this ~' day of~n~n~ yr , 2{l~, before mc, the uttdCrsi tied, a Notary PubHC iri and for sand. State, persggally a~-peared .' and known or identified to the to be the Presidcn.t and Secretary, respectively, of the eorporaxion that exeeul:ed the within i~tstrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, r have hercpnto set my hand anal affixed. nay official seal the day and year fist above written. 0~~~' R' °~~; (SEAL) °~p TA /3 j,'s e ° ~, ,~ .e. + A r_ • , '` vBL~V. S~; • . O ~TF•OF•IDP`~ Wc~t:cr Main Liascmcnt NOT,I~I,RY PUI3Li FQR AHO Residing at ,~Q Commission T'x.pires: ~,~,~, ~~ ~~~. EASIVI'! W~1, K ~. Page~'~ GRANTEE: CITY O1~ MERTD.IAN ~, ~ ~ ~' ;, ~ } ~,;;,,, ~~~ Tammy de Weerd, M ` - or _ ~ ;~, _ ~~sd~ Attest by WilliA,tn G. Berg, 'ity Clerk. % O„~ t t3~ ~~,,~ ,~. ~ ., '~ ~ APlroved ay City Council fin: ~~r; ,~ STATE QI' IDAHO, County of A,da 5$. Gn this d~~' day of 1~10Yem-~ , 200 before me, the undersigned, a Notary Public in and. liar said State, personally appeared TAMIV.IY de WEERD and WILLIAM G. BERG, JIt., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and wha e~xrcuted the within instruanent, and acknowledged. to me that the City of Mcridlui Cxc~ul~--~i the same. 1N W.ITIVESS WHERFQI;, 1 have hereunto set my hand and affixed m,y oiTicial seal the day and year i"iret above written. ~, T A ~.~' (SEAL) ~ ~;%~~ ~~ `~ ~ N TARY PIJRT,Tf". F(~R TL~AHC~ • ~ ~ • .Residing at: I t'] . ~ ~ . ' Commission Expires: 10 -) I -I I `, • • • ~.~,` ~IBLZG ~Q,~• ----- . ~'~., ~ OF~~ .. water .Ma.in Sasentcnt EASMT W1'lt Page 3._.__~~- 1VGI~~"rVAIEYi IWw" `~~'~ C!V!L tIND 3TRULTUBAL pVGTN~ERIIVGA,'VD IAhD SUFVErlNG EXHIBIT "A" PROJECT DESCRIl'TION DATE: PROJECT: PARCEL NO.: City of Meridian Water Easement November 8, 2007 07045 - Quick Lube Parcel A, A parcel of land being a patt of Lot 2, Block 2, of Doris Subdivision, as shown in Book 16 of Plats at Page 10$0, and as shown on Record of Survey 7535, Ada County Records, located in the SE 1/4 of the SE 1/4 of Section 6, T. 3 N., R 1 E., B.M., City of Meridian, Ada County, Idaho, more particulazly described as follows: COMMENCING at a brass cap monument, Corner Record No. 9381309, marking the southeast corner of said Section 6; Thence North 89°28'27" West coincident with the south line of said Section b, a distance of 1153.40 feet; Thence North 00°20'04" East, 70.54 feet to a found 5/$" rebaz mazking the southwest corner of Parcel A as shown on said Record of Survey 7573, Ada County Records; Thence South 89°25'37" East coincident with the south line of said Parcel A, as shown on said record of survey 7573, a distance of 160.77 feet to a found 518"" rebar/cap PLS 10561 marking the southeast corner of said Parcel A; Thence along the East Line of said Parcel A, North 0°20'04" East, 87.57 feet; Thence North 89°39'56" West, 7.51 feet to the POINT OF BEGINNING; Thence North 89°39'Sb" West, 20.00 feet; Thence parallel with the East Line of said Parcel A, North 0°20'04" East,107.b5 feet; Thence South 89°34'56" East, 20.00 feet; Thence parallel with the East Line of said Parcel A South 0°20'04" West, 107.65 feet, to the POINT OF BEGINNING. The above descnbed parcel contains 2153 square feet more or less. Together with and subject to covenants, easements and restrictions of record. P:~2007\07147~FAn2V]EW PAPA MURP}iY'S~Dra~rin~LSurve}hDescriPtiau~Parcel A Water Ea~em~vt legal (l 1~).doc R~Hlcp I I!8/07 Page 1 of 1 P>~ ~ 5 !~-~'O~ EXHIBIT ~B" CITY HATER EASEIIIENT -FOR QUICK LUBE A POR?ION OF THB 3B1/!~ OF THB 9B1/4 OF SB~TION 8 T~Ow1VSEII' S NOR?$ $ANGB t BdST', BOZ'SB lBltIDlAN CTl1' OF llBRmIAN, ADA G~OUIV!'i', IDAHO 2007 City -Water Easement 2153 S.F.t S89~5 37'E :w o ~* o "~ N 0 O O 2 20.00' 58939$6 E ~W 3 h O ~ ~o ~o .^°_ 'ooN o 0 z ~ PO 20.00' 69 39'56'W ~ 51' .W N89: ~~ ~o 1~ N ap 0 N8978 27`W 115 40' B FA11iVIS1- Ai-S. (iI.3 EI-Y ~j 7 Y8 N.?.S. s~ coR spa s COR REC f 9381309 POIM OF CaAMIENCEAI£NT 6 15 P>~ 5 ~ 5 ~j x-07 _.~ Meridian City Council November 20, 2007 Page 4 of 22 J. Memorandum Aqreement between the City of Meridian and the International Association of Fire Fighters Local 2311: K. Water Main Easement Aqreement for Teach Investments / Quick Lube: L. Approval of Reimbursement Aqreement between the City of Meridian and Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter Day Saints: O. License Aqreement with Settlers Irrigation District for the North Black Cat Trunk Sewer: P. License Aqreement with Nampa Meridian Irrigation District for Bienville Square Subdivision: Q. Approve Contract for the WWTP UV Third Bank Installation with Custom Electric, Inc. for $7,521.00: R. Approve Contract for Task Order 3.0 Stormwater Management Third Party Inspections with Brown and Caldwell for $30,000: S. Aqreement for Professional Services for 3rd Street Study with Six Mile Engineering, P.A. and Meridian Development Corporation: De Weerd: Item 5 is the Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we approve the Consent Agenda with these changes as stated earlier. Item D, while it will stay on the Consent Agenda, let it be noted it is not a Public Hearing, it is just aConsent -- third consent of it. Item H, not to exceed 14,880 dollars. Item L is $378,472.41. Item M and N would be -- will be pulled to the regular agenda and will be 7-M and 7-N. Item S, the amount of money is 37,753 dollars. And Item T will be pulled to 7-T on the regular agenda. And with that, Mayor, I move we approve the revised Consent Agenda. Rountree: Second. De Weerd: I have a motion and a second to approve the Consent Agenda as revised. If there is no discussion, Mr. Berg, will you, please, call roll. L Meridian City Council November 20, 2007 Page 5 of 22 Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Items -- Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: Did that motion include the standard words Mayor to sign and Clerk to attest? Bird: Yes. The Mayor to sign and the Clerk to attest. And I apologize for that, Mr. Zaremba, you're right. De Weerd: Nice catch. Mr. Bird, you have been doing this for years. Zaremba: Just heard something missing. Bird: I'm glad he caught me. Item 6: Department Reports: A. Parks Department 1. Proposed Name for City Park in Tuscany / Messina Meadows of Verona Park: De Weerd: Item 6-A, our parks department. Elroy. Huff: Madam Mayor and President Borton, Members of the Council, I'm here tonight to present to you the new name for the -- right now named Messina Neighborhood Park and just give you a little background. The Mayor asked me to make sure and check over the last few months and I did with the developer about his interest in naming the park. He did not take me up on that. He decided he did not want to have anything to do with the name of that. So, we went another direction and we went to our parks commission and down to our subcommittee and they went and did the work on gaining some names for this park and that was -- John Nesmith's on the commission and he went and met with interim HOA president Steven Yearsly at -- in the Messina Meadows Sub and Tuscany Sub association I guess, and they decided to do a little naming contest. They had 21 participants come up with names and when they sorted those names out in -- they come out with three different names that they would consider for