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Water Main Easement with Terteling Trust #7 for Western States ExpansionADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 BOISE IDAHO 08128!08 10:56 AM DEPUTY Lisa Irby RECORDED-REQUEST OF III IIIIII'lllll'IIII'IIII'llll'lll Meridian City 1 ~$~~~~~~ WATER MAIN EASEMENT f~ THIS INDENTURE, made this ~ day of~ (' , 20~between Te teling Trust ik~the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party ofthe second part, and hereinafter called the Grantee; WIT~TESSETH: 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 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. 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 strachires, trees, brash, or perennial shn~bs 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 wtiir main Page~L._0~ 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. 'fit ~'" 7 ~' C ---- Secretary STATE OF IDAHO ) 1 ss County of Ada ) 7 = 7 -{rn~,cc ~~ ~~, ---, On this -~- day of v (~ 2(b before me, the de igned, a Notary Public in and for said State, personally app ared n , ~~'CZ> F '~ ~ 017 a~- known or identified to me to be the ,respectively, of the corporation that executed the within instrument, and acknow a ged 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) ~~~L1G O ~ OF ID~~' Water Main Easement -~ / , NOTARY PUBLIC~'OR IDAHO ~ Residing at ,~~_~~ ~ ~~e--lzo Commission Expires: //- ~- ice. easmt wtr main P.~~- GRANTEE: CITY OF MERIDIAN \`,~~„cur a urrirriii ~~~~~ ~ /I j'~~i T ~i Tammy de Weer , ayor R~ '; SEAL Attest by Jayc Holman, City Clerk ';~ .91~ ~'~,T t~,~ .'~~ ~~` ~_ ~ , ` Approved By City Council On: STATE OF IDAHO, ss. County of Ada rr%rr~r„ ~„~~ On this ~ day of 20 ~ before me, the undersigned, a Notary Public in and for said State, personally appeared AMMY DE WEERD and JAYCEE HOLMAN, 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. ~,...... •••S~,A M. G1P•'• (SEAL) ~ ,.~','~-~ ; ARY PUB IC F RID HO • Residing at: ~Q ~ (~ (~~ . ^ • ~ Commission Expires: 1C~-[ (-( . ~ ~ • • . .~ ,`~ • ,, T '.~';71'~ lip;:. Water Main Easement easmt ~r~tr main PaBe~.~ EXHIBIT °A" LEGAL DESCRIPTION Western States Water line easement A water line easement located in a portion of the Southeast 114 of the Southwest 1/4 of Section 18, Township 3 North, Range 1 East, City of Meridian, Ada County, Idaho and described as follows; Commencing at a brass cap monument marking the Southwest corner of said Section 18, thence along the South line of said Southwest 1/4 North 89°16'53" East a distance of 2,366.64 feet to a point from which a brass cap monument marking the Southeast corner of said Southeast1/4 of the Southwest 1/4 bears North 89°16'53" East a distance of 77.50 feet; thence leaving said South line North 00°43'07" West a distance of 503.96 feet to the POINT OF BEGINNING; thence North 89°56'00" West a distance of 10.00 feet to a point; thence North 00°04'00" East a distance of 19.00 feet to a point; thence North 89°55'00" West a distance of 130.01 feet to a point; thence North 00°08'30" East a distance of 129.94 feet to a point; thence North 89°51'30" West a distance of 26.00 feet to a point; thence North 00°08'30" East a distance of 20.00 feet to a point; thence South 89°51'30" East a distance of 26.00 feet to a point; thence North 00°08'30" East a distance of 211.04 feet to a point; thence North 90°00'00" West a distance of 214.00 feet to a point; thence South 00°08'30" West a distance of 341.01 feet to a point; thence North 89°55'00" West a distance of 241.23 feet to a point; thence South 48°54'00" West a distance of 26.99 feet to a point; thence North 90°00'00" West a distance of 12.35 feet to a point; thence North 00°00'00° West a distance of 20.00 feet to a point; thence North 90°00'00" East a distance of 4.86 feet to a point; thence North 48°54'00" East a distance of 27.01 feet to a point; thence South 89°55'00" East a distance of 228.77 feet to a point; thence North 00°08'30" East a distance of 340.99 feet to a point; thence North 90°00'00" East a distance of 254.00 feet to a point; thence South 00°08'30" West a distance of 334.62 feet to a point; thence South 89°51'30" East a distance of 10.00 feet to a point; thence South 00°08'30" West a distance of 10.00 feet to a point; thence North 89°51'30" West a distance of 10.00 feet to a point; thence South 00°08'30" West a distance of 16.39 feet to a point; thence South 89°55'00" East a distance of 129.99 feet to a point; thence South 00°04'00" West a distance of 39.00 feet to a point; thence North 89°56'00" West a distance of 10.00 feet to the POINT OF BEGINNING AND THE TERMINUS OF THIS DESCRIPTION. Said easement contains 27937 square feet or 0.641 acres more or less. 2 ~..~~__ I___ef !~ ~ 1 1 1 SCALE 10' EASEMENT EACH SIDE Of 150' 0 150' WATER uNE TYP. 1 I _________"_ HORIZ: 1" = 150' I i ; -~i ~ zo' wIDE I ~ I I }I I I 1 I I I I I I I I I I I I LEGEND I i t i I I ~ LOCAnON OF I I I - -- SECTION LINE I-~ I } I FUTURE I } I """' ~'" "° """""` EXISTING WATER I I CONNECTION I I r*- NEW WATER 1 I I I ~ -- - - - - - UTILITY EASEMENT I I , :: ,:ir:•,-r L I «.~..~-.-~ EXISITNG BUILDING I - - . PROPERTY BOUNDARY I I , ~ HYDRANT I I }j ~ ~ I ~I I l ; I I I I I I 3 ---- e,.------~ --~ ~ I C/' ----- ------~ ~ X ~U I ~--------- r ~ _::- .. ~xlsn 1~ .. I ~ m I ' ~c I POWT OF z ~ ~' ~ ~ I 1 BEGINNING i I ~ c I I ~ r p ~~~ ~ ~ I RENTAL "' °~~ 1 I 1 I I 3L ~ 4 ~ I~ ~ ~I~ I ZI I ~ I I I I ------~-a--------------~------------------------I- SW CORNER - - ~ SE CORNER SECnoN 78 L SECTON 18 T3NR1E ~y~~_ _ _ _ N89'1653~E _ - - T3NR1E V a - - 2366.64 - - - N8916'54'E 77.50' EXHIBIT B WESTERN STATES EQUIPMENT EXPANSION WATER EASEMENT (~ ~ SUNRISE 'l(~ ENGINEERING `~ 1650 SQUfH TOPAZ WAY MI3lIDIAN, ID 83602 TEl 708.884.0306 • FA% 108.884.0309 ,.~..,.a...,b.~.~ pa8+~a~~"~~ Meridian City Council Special Meeting August 5, 2008 Page 2 of 7 Miss Tammy. Also, under Item 9 we'll be discussing the amended FY08 budget. Council I do need a motion on adoption of the agenda. Borton: Madam Mayor. De Weerd: Mr. Borton. Borton: I move we adopt the agenda as amended with your comment. Rountree: Second. De Weerd: I have a motion and a second. All those in favor say aye. Did I hear an aye from Mr. Bird? Bird: Sure did. MOTION CARRIED: ALL AYES Item 4. Consent Agenda: A. Approve Minutes of July 15, 2008 City Council Special Workshop: B. Approve Beer and Liquor License for Idaho Dave's BBQ Inc., dba Famous Dave's Restaurant, located at 3510 N. Eagle Rd., Meridian, Idaho 83642: G: Water Main Easement Agreement for Western States Expansion by Terteling Trust No. 7: D. License Agreement with Nampa Meridian Irrigation District for Ten Mile Drain, Nine Mile Drain, Eight Mile Lateral and Finch Lateral: E. Water Easement Agreement for Lewis & Clark Middle School by Joint School District No. 2: F. Traffic Signal Construction, Installation, and Maintenance Agreement for Meridian Fire Station No. 5 with ACHD: G. Water Main Easement Agreement for Woodland Springs by Woodland Springs, LLC: H. Directive Approval for Weed Abatement, 238 West Washington Street: I. Directive Approval for Weed Abatement, 2 Rose Circle: Meridian City Council Special Meeting August 5, 2008 Page 3 of 7 J. Award of Bid and Approval of Agreement for Independent Contractor Services to ABM Janitorial for Final Cleaning Package for New City Hall for $13,900.00: K. Award of PDU & UPS Systems per Bid #IT-08-004 to CompuNet for $46,780.00: L. Approve Beer & Wine License for JTS, Inc. dba Miss Tami's Tea Room, located at 1031 N. Main Street, Meridian, ID 83642: De Weerd: Item 4 is the Consent Agenda. Bird: Madam Mayor. De Weerd: Mr. Bird. Bird: I move we approve the Consent Agenda as published with the addition of the beer and wine license for JTS, Inc. doing business as Miss Tami's Tea Room with the Mayor to sign and the Clerk to attest. Rountree: Second. De Weerd: Okay a motion and a second. Any discussion? Hearing none. Madam Clerk will you call roll Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES De Weerd: There are no Department Reports nor Items moved from the Consent Agenda. Item 7. Continued Public Hearing from June 24, 2008: Draft 2008 Annual Action Plan, Community Development Block Grant (CDBG) Program: De Weerd: Item Number 7 is a continued public hearing from June 24t" on the Draft 2008 Annual Action .Plan for our CDBG Program. Sarah. Wheeler: Madam Mayor and Members of Council - De Weerd: Sarah if we could get you to come stand over here where we have the recorder that would be really good.