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Water Main Easement with Blue Marlin Investments, LLC for Qdoba Grill EagleADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 f BOISE IDANO 09/10/07 12:23 PM DEPUTY Vicki Allen RECORDED-REQUEST OF III IIIIIIIIIIIIIIIIII IIIIIIIII III III City of Meridian 10? 126899 WATER MAIN EASEMENT 3 (ate /7.~-~~~-~~yy THIS INDENTURE, made this o2 ~ day of ~, 20 ~~ between ..~H /cs-~N+«~3 L(~, 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, 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 Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee theright- 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 andright-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 adj acent 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 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 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 within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further Water Main Easement EASMT WTR CITY OF MERIDIAN.doc - - - Page~f,.~ effect and shall be completely relinquished. 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. GRANTOR: .-~~:~.,..- ~'7o~aJ ems' T ~~-- STATE OF IDAHO ) ss County of Ada ) On this I~ day of 2061, before me, the undersigned, a Notary Public in and for said State, personally a peared and known or identified to me to be the Presi corporation that executed the within instrument, and acknow executed the same. Secretary, respectively, of the l to me that such corporation IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. (SEAL) NOTARY Residing at _ Commission IDAHO ~ «~ w~ Water Main Easement EASMT WTR CITY_OF_MERIDIAN.doc Pa~e_____o ~ State of Idaho ) ss. County of Ada ) On this 21st day of August, 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared Jeff W. Moore, known or identified to me to be a member and authorized representative of Blue Marlin Investments, LLC, and he duly acknowledged to me that he executed the within instrument on behalf of said limited liability company and that said limited liability company executed the same. ` `\\~ 11111111111111 ~ / •. ;' NOTARY .*: ~.~ :*= '• PUBLIC :' '• //'/~~/////~q~OF IDP~~~~\\\`\\~ I///111111111111 Notary ublic r Idaho Residing at Comm Expires - Page~o~ GRANTEE: CITY OF MERIDIAN Tammy de We~xd .~ Attest by William Ci Clerk Approved By City Council On: STATE OF IDAHO, ) ss. County of Ada ) ~ ~ , ,{ ,, ., ., ~ CFO ~°° ~~; .. ~'~.~ _ 7- 1 ~1 ~l 1~~ fffitOf tfY'Y'r'~ On this ~~'day of ~}u~~~s `~ , 200 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. ~~~~~e~• 9 i •Q~,••ti1~ T ~Q~~ ,~'~. (SEAL) ~ ;~ • . ~ ~ . • ~ ' • • : : • ~'~'~ ~ • //~(L l'~~ ~Y lCJ/ l 1. ~1 /~.~~f NOTARY PUBLIC FOR IDAHO Residing at: ~ ti Z.C_ ~ )~~-~ ~ •~oP Commission Expires: j C- --/S = ~ 1 Water Main Easement EASMT WTR CITY_OF_MERIDIAN.doc August 13, 2007 EXHIBIT "A" WATER MAIN EASEMENT ^^ ^ ^ quadrant Consulting, Inc. An easement for the construction and maintenance of a water main across portions of Lots 1 and 2, Block 2, Centrepointe Subdivision, Book 97 of Plats, Pages 12330-12331, recorded in the office of the Ada County Recorder, Ada County, Idaho as Instrument Number 107047647, situated in a portion of the Southeast 1/4 of Section 32, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, said easement being more particularly described as follows: Commencing at the Northwest corner of said Lot 1, thence North 72°22'47" East 18.92 feet to a point on the east line of a sewer and water main easement, recorded as Instrument 106070932 in the office of the Ada County Recorder to the POINT OF BEGINNING; thence North 90°00'00" East 24.00 feet; thence, South 00°00'00" East 10.00 feet; thence, North 90°00'00" West 24.00 feet; thence along said east line North 00°00'00" East 10.00 feet to the POINT OF BEGINNING. Said easement contains 240 square feet or 0.006 acres more or less. 1904 W. Overland Boise, ID 83705 Phone (208) 342-0091 Fax (208) 342-0092 Email: quadrant P u~~dr~~cc Civil Engineering Surveying Construction Management ~.~..~._ ~ N O Z fTl I ---~ O n D v ~ z ~~ o m ~ m ~ m ~ D g ~ ~m ~ z o ~ _ m D cn y W °n ~ m ~ °c z ~ W m z w z N ~ .gipp D Z O I'TI m ~~ V ~ ~~ ~~ ~ ~~ _ ~ ~_ ~ a ~~. ~ ~ ~ A ~ ~~ n i~ ~~ ~0 Ut ~ N NORTH EAGLE ROAD (IDAHO STATE HIGHWAY 55) DC me N~ ~'1 W NN O O v SCALE: 1'=100' ~ - - i I ~ ~ I I ~__ ~ I ~ ~ J r- ~_ ~ I ,I (I ~~ ~) r Ut r ~ r W r N r z m r rn r o ~ o ~ o z ~ z rn o o o o o c~ = --i O O O O N D W r m Z Z O (n Z Z D O O O t~ ~l ~ O 0 0 O 0 O 0 N IV Z O ~ O O N G7 O O O O ~P O ~ O O ~I fTl ~ f*1 fTl fTl m D ~ m z~ Z r ~~ ~~ L 3 ~~ ~~ ~z °' m ~ Z O ° y G7 c o N Z I~ ~ ~~ ~ t~ -- ------- -- ---- -v N~c ~ ~ ~~~ ~ ~ ~ ~" ° O hoc O n p Z ~ ~ pm- OU1~ N N ~ Z co m o z Meridian City Council August 28, 2007 Page 3 of 48 I. Findings of Fact and Conclusions of Law for Approval: VAR 07-014 Request for a Variance to UDC 11-3D-7a to exceed the 4 square foot area maximum for a public service information sign to allow a 19 square foot LED reader board sign for Meridian Elementary School by Meridian Elementary School - 48 West State Street: J. Findings of Fact and Conclusions of Law for Denial: AP 07- 005 Request for City Council Review of an Appeal of the Director's Determination to deny a request for a sign permit for Primerica Sign by Todd Mendel - 1640 West Cherry Lane, Suite 100 (Lot 2, Block 1 of Cherry Lane Crossing Subdivision): K. Development Agreement: AZ 06-061 Request for Annexation and Zoning of 95.57 acres from RUT to R-8, R-15 and R-40 zones for Baraya Subdivision by RMR Consulting, Inc - 3935 West Franklin Road and 280 South Black Cat Road: L. Resolution No. Platform for Strengthening Families and Improving Outcomes for Children and Youth: M. Water Main Easement Agreement for Qdoba Grill (Eagle Road) by Blue Marlin Investments: N. Water Main Easement Agreement for Qdoba Grill (Overland Road by Kimball Properties: O. Approve Contract for Black Cat Phase 4 Proiect Authorization for Additional Services No. 1 with JUB Engineers, Inc. for $4,730.00: P. Approve Contract for Black Cat Phase 4 Proiect Authorization . for Additional Services No. 2 with JUB Engineers, Inc. for $80,830.00: Q. Approve Reduction in Street Setback for Crossfield Subdivision to ten foot street setback to living area, measure from back of sidewalk and Summary of Action for recording and documentation of this approval: De Weerd: Item 5, the Consent Agenda. Bird: Madam Mayor? w Meridian City Council August 28, 2007 Page 4 of 48 De Weerd: Mr. Bird. Bird: The Consent Agenda, item -- like I said, Item L is a resolution number 07-576 and with that I move 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. If there is no discussion, Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Mayor's Office: 1. Parks and Recreation Commission Appointment: De Weerd: Thank you. Item 6 under Department Reports we are doing some clean- ups on a couple of different commissions. We did have a resignation off our parks commission and we will be filling that with your confirmation with Jon Cecil. This term would expire in October of 2009. Mr. Cecil is what -- served on our Meridian Development Corporation. He's been a very active participant and commenter -- he commented on our pathways plan. He's got two young sons that he has avery -- a vested interest in our parks system and its future functionality, et cetera. So, I think most of you are familiar with John and I would appreciate confirmation of this appointment. Any questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Is Jon still on MDC? De Weerd: No. His term expired. Rountree: Okay. Zaremba: Madam. Mayor?