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Water Main Easement with Grant Grace Meridian, LLC for FuddruckersADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 6 BOISE IDAHO 01!03108 01:28 PM III I'II'IIIIIIIIIII'IIIIIIIII~I'll'II DEPUTY Danielle Goulette RECORDED-REQUEST OF 1gg~0~{~11 Ciry 01 Meridian WATER MAIN EASEMENT .~ ~~, ~ THIS INDENTURE, made this ~. day of\ ,~, 20~between' mil' rthe 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 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 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 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 effect and shall be completely relinquished. Water Main Easement EASMT WTR ~~~ 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: ' President Secretary STATE OF IDAHO ) ss County of Ada ) On this of , 20_, before me, the undersigned, a Notary Public in and for said State, pens lly appeazed and ,known or i tified to me to be the President and Secretary, respectively, of the corporation that executed the wi instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set hand and affixed my official seal the day and year fist above written. (SEAL) NOTARY PUBLIC IDAHO Residing at Commission Expires: Water Main Easement EASMT WTR pagq~o~ ALL-PURPOSE CALIFORNIA ACKNOWLEDGEMENT State of California f % (~°~~ ss. C f J ounty o ~n ~ F ~f3 i ~,~ sl' f C'~ 2f~c~~ before me, [J~~-757-~-. ~ . ~-~°-1~~ - ~ ~~ On ~(;!~{ * f , (DATE) (NOTARY) : personally appeared ~~'~'-f~~• ~i'vl~f ~Dl~ e (or proved to me on the basis of satisfactory evidence) to be the person(sj-whose name(} is/tee subscribed to the within instrument and acknowledged to me that he,~hzfth~ey executed the same in his/13erhfi e`Ir authorized capacity~ies}~ and that by his/~ature(sj-on the instrument the persor~; or the entity upon behalf of which the person(s) acted, executed the instrument. WITNE my hand and offs CRYSTAL L. LAKfeY 7 Commission #t 17104 ~ ~ Notary Public - Callfornio Plocer County Signa re MyComm. Oec 12,2010 ,~ *****************OPTIONAL INFORMATIONS*~k~*~~~~~~~**~~~ The following information is not required by law, however it may be helpful in preventing fraudulent use of this acknowledgement. ,ft DOCUMENT TITLE OR DESCRIPTION ~ i o DOCUMENT DATE: NUMBER OF PAGES: m * * _ ~ * ,*, f COMMENTS: r ~ • t • * f f • + * ~ z f * vii * i `~ f f f z ~ • f * o- m ~ • * ~ ~ * • ~ • f • f *+* f ****** i. , r, r, t, t k t, r, r*, r, r, r, t*, r r, r, r i. i. , r, r, r, r, h t, r* f, t i r, t, r, t*, t*, t, t, t, t f, t, t, r f r, r, t*, r* f* i. , r, t, t, t*-, r i. , t k, r i. , r r, t+, t, t*, t u f f, r r, t r +, r, t, t i r+ r+ i r, t i r+ i r, r r*, r t, r, r, r, t i. f i r t h, t, r i r, r, r i r+ i r, r f i r, r i r, r ©2004, USA Signing Services, Inc. • (800) 699-8522 • www.USAsigning.com po~ GRANTEE: CITY OF MERIDIAN ,~`~~\0~~~ O~ M~~6 ~~'.~ /''~~, ~~~~ __ Tammy de Weerd, Ma r ' ~ Attest by William G. Berg, ity Clerk /~'~'''~~~,,,,,,,,~~~~``~~~\\ Approved By City Council On: ~.z..9.'c'n.Y~ R„~. ~ 0 . [~~, STATE OF IDAHO, County of Ada ss. On this ~ ~ day of_l'~"YYI~' , 20(~f, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WII,LIAM 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. ~....••• ~.•J` GRE~'.`jr•• (SEAL) ; ~. ~' ; ~. Al{,~~ ~ ~; ARY PUBLIC FOR IDAHO ' ~ ~' ' Residing at: (1Cl l ( '~ ~ E I C~ . ~°, '~ .H, ~ Commission Expires: l U - l 1 ;'ll . ; • ~ .`~ • ~~ „ . • ,~ ~ Water Main Easement EASMT WTR _ 1 ,, p....OfS•~-- WAITS land suweying, llc IIt~ 5{rnri4~ Rtrtr h.~,,ld. Suitc _':~C? f~uise, 1!? f3ti705 "?t?f3. ~4i.7. ~f330 Tele. 2~1f3.947. X829 Fix t'•N• X39} December 06, 2007 EXHIBIT "A" MERIDIAN CITY WATER EASEMENT DESCRIPTION A 2{) fact wide strip ofland being a portion Lot 9, Block 2 ofCentrepointe Subdivision as tiled in Ac}a County Records and locatcx} in the East 1/2 ofthe Southeast 1/4 of Section 32, T.4N., R. l F..., B.M., Ada County, Idaho, and being more particularly described as }a}IoWS: Commencing at the Northwest u~rncr of said 1.,e7t 9, Block 2 of Centrepointe Subdivision, thence S OO°UO'32" E along the West boundary af'said Lot 9 tier a distance of 58.62 feet; thence Leaving said boundary N 90°O0'00"' E far a distance of l 8. } 4 feet to the ll2EAL POINT OF BEGINNING ofsaid 2O font wide strip of land lying l0 feet left and 1O feet right afthe fallowing describcxl centerline: thence continuing N 90°O0'OQ" E far a distance of61.98 feet: thence N 40°0O'0O" W for a distance of 13.94 feet to the paint ofterminus ofsaid centerline and 2O foal wide strip of land. Prepared by: Todd R. Waite P.L.S. X:~Prc?jects~Fudruckcrs? {'?3{) i)\Drawings~FUDRUCKERS-WTREASt.dcx- I Z r' M ~ ~~aa J l ~ W ~~ ~ ,Y ~ ~ N _ ~ ~~ 4 ~P.~ : l; Q ~ •1~j .~~ f t r ! ~ J r D U Z ~ o Q `^ a°.~ r ___~ ~ p o ~~ I ~ ~[ __ _.. _ ._- j._____ ~ N O ~ 1 ~ ( ~ _ _ _0 1 aR: I -~T T-_ ~-- ~ ' ~ I 1 1 _. w w _ ~ -1_ -__ - -j ~ I w z co 1 ~ o' ~ o' I ~' Q W ~ cv ~j 3 I i z ~ _ - rn ~ o_ j _ - ~ ;-- I ~ 3 ~-- v ~, ~ o~ I 3 ~ I ~ o a z o ~ -j- - ~- ~ I.1 - - ~ ~ i -. ~ Z ~ _I `~ (~ W ~ W 0 {~ __I. _ p ~ c.~ ~ W z ~ N __ v L z I !_I ____~ Z X W Q 0 3U ~m e W U W J _ .. __~~~.- ___ . _.......__...}_.__. X H V ~ I T ~_ W_ ~ Z~c~ 3- . - -- _ ~ . ~ . ~ t~. ~ -- I I 1 ~ V Z _ _... __ __ .. .. __ _ -W__ _- _ -.. l_ ~ ._. ~ __ ~ _ __ _W _ ( I I ~ ~a ~i _ _ 58.62' _ I _ ~~o ~~~ ~ ( ( 13 d S 00'00'32" E 112.53' ~y~ u Z ~ . ~ Q I ~~3 a ss ~- ~ I I o Z I }~~ ~ Z m ~. ~ ~ ~ ~.. - ~, p `~v~i OZ I I I a - ~~F F- ~pZ ~? , ~n ~ tlWVW d _Z ~ ' 0° °~ W W ~~ < z rU ~~~ ~~< A -- ~ o,~- City of Meridian, Public Works Engineering InferO~ce Memo RECEIVED To: Tara Green From: Karie Glenn CC: Date: 1 /4/2008 Re: Original /Recorded Docs for Vault ~aN o ~ zoos City Of lVleridian City Clerk Office 108000611 1/30/2008 WATER Grant Grace Meridian Fuddruckers easement From the desk of... IKarie A Glenn Dept. Specialist Supervisor Public Works: Engineering Division 660 E Watertower Ste 200 Meridian, Idaho83642-2600 (208) 898-5500 Fax: (208) 898-9551 • Page 1 i w Meridian City Council December 18, 2007 Page 4 of 87 L. License Agreement with Nampa Meridian Irrigation District for 10-inch water Main Crossing as Part of the Lanark / Commercial Water Line Connections Proiect: M. Budget Amendment for Floodplain Development Study and Mitigation for Public Works Department for $60,000: N. Aaurove Task Order / Agreement with Civil Survey Consultants, Inc. for the Design of sewer and water improvements to be constructed in Conjunction with ACHD project No. 506040 for Meridian Road and Main Street Split Corridor for $30,470.00: O. License Agreement with Nampa Meridian Irrigation District for the North Black Cat Trunk Sewer: P. Water Main Easement Agreement for Fuddrucker's by Grant Grace Meridian, LLC: Q. Task Order 0733a with Civil Survey Consultants, Inc. for Design of City Well #28 Pumping Facilities for an amount not to exceed $28,000: R. Sanitary Sewer Easement Agreement for Bearwood Subdivision with Tuscany Development and the Craig & Rebecca Groves Foundation: S. Reimbursement Agreement between the City of Meridian and Capital Development, Inc. for Off-Site and Oversized Sewer Lines Built in Settlement Bridge Phases 1, 4, and 6 for $183,889: T. Approval of Bid for Water System Improvements in Coniunction with the Intersection Linder & McMillan Roadway for $66,950: U. Approve Bid and Standard Form of Agreement with Knife River for the Construction of the Black Cat Trunk Sewer Phase 4 Schedule B&C in Bear Creek Subdivision for $626,979.20: V. Approve Pawnbroker's License Renewal for Terry Stewart / Benny's Pawn at 451 North Main Street: .~ Meridian City Council December 18, 2007 Page 5 of 87 W. Approve Pawnbroker's License Renewal for Paul Watson, LRB, Inc. /Meridian Coin & Pawn at 1550 North Main Street: X. Approve New Beer & Wine License for Qdoba Mexican Grill #474 located at 3319 North Eagle Road: Y. Approve Beer, Wine & Liquor License Transfer for Rick's Press Room located at 130 East Idaho Avenue: Z. Amendment to the Standard Operating Policy and Procedure Manual Regarding Executive Personnel Benefits Program: AA. Professional Services Contract with Sage Community Resources for Meridian Arts Commission Strategic Planning and Grant Writing Services: BB. Professional Services Agreement with LCA Architects P.A. for Police Facility Expansion Design Services for the not to exceed amount of $20,000.00: De Weerd: Item 5, Consent Agenda. Zaremba: Okay. Madam Mayor, on the Consent Agenda, as previously mentioned, Item 5-I has been pulled to the regular agenda. Item 5-CC has been pulled to the regular agenda. And Items J, the resolution number is 07-590. Item K, the resolution number is 07-591 and with that motion I ask that we approve the Consent Agenda and for the Mayor to sign and the Clerk to attest. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve the Consent Agenda as changed. 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. City Council Member Keith Bird 1. Update on Pine Street School Relocation Project: De Weerd: Okay. Under 6-A I will turn this over to Councilmember Bird.