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Sanitary Sewer and Water Main Easement with Woodland Springs, LLC for Woodland Springs SubdivisionADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 BOISE IDAHO 07/02108 12:45 PM DEPUTY Vicki Allen RECORDED-REQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIIIII II I III City of Meridian i X8076616 SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this Z day of ~~~. 20C~ between ~~:Qlov~ S~'~nQS~ls,. the parry of the first part, and hereinafter called the Grantor, and the City of Meridian Ada County, Idaho, the parry of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of--way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, 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 making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such 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. Sanitary Sewer and Water Main Easement C07175 Sewer and Water Easements 060208.doc Pag~ee_ THE GRANTOR hereby covenant and agrees 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 GRANTOR hereby covenant and agrees 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. THE GRANTOR do hereby covenant with the Grantee that they aze 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. GRA /~, Matt Morgan Member STATE OF IDAHO ) ss County of Ada ) On this 2. day of ~c 9nN~ , 20,0, before me, the undersigned, a Notary Public in and for said State, personally appeared cc, ,known or identified to me to be the member, respectively, of the limite liability company that executed the within instrument, and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and yeaz fist above written. ,a~, ~~iH Y !, ,~~yy'~ .• nn z. 1~tyT,t~P O •~ ~ z ,~ ~•~- GeLiC Sanitary Sewer ~fild•~atCY`1Vlain Easement i ~ NOTARY UB C FOR IDAHO Residing at: /~'l. Commission Expires: C07175 Sewer and Water Easements 060208.doc ~ae~~£~~ CITY OF MERIDIAN ~~1~ Tammy de Weerd, or CI ""'~~1~ Jaycee Holman, ity erk ~~ , ` '-, r~a~• P~~ Approved by Council on ~' ', 111f11111111F11{{\\\\ STATE OF IDAHO, County of Ada, ) ss. On this ~~~dav of ~Jta nC. _20~ before me. the undersimed. a Notary Public in and for the State of Idaho, personally appeared Tammy de Weerd and Jaycee Holman, known to me to be the Mayor and City Clerk of the City of Meridian, Idaho and who subscribed their names to 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 •~.•p•, ~ G,~,•.• Q'~;'.pT A~ •'~,r~ ~ otary Public for Idaho ~ ti; ,~ '~" `.~ ~ Residing at: ~~,sl~~ ~~ LD • My Commission Expires' ~[~- ~-( ` + ( ~ • ~ ' ', • ~ ~ ~ • C ~• f A • • ~ ~ 3 >~~~ 332 N. Brnadmare Way ~ PLANNING INC. Nampa, ID 83687 Ph: (20$) 442-6300 • Fax: (208) 466-0944 EXHIBIT `A' LEGAL DESCRIPTION SEWER AND WATER UTILITY EASEMENT FOR WOODLAND SPRINGS, LLC An Easement located in the SW 1 /4 of the SW I /4 of Section 29, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: COMMENCING at a brass cap monument marking the SW corner of said Section 29; From which an Aluminum Cap Monument marking the West Quarter Corner of said Section 29 Bears N 00°25'22" E 2652.16 Feet; Thence, along the West Line of said Section 29, N 00°25'22" E 428.15 Feet to a Point; Thence, leaving said West Line S 89°34'38" E 35.00 Feet to a 5/8 inch Iron Rod lying on or along the Easterly Right-of--Way of North Locust Grove Road, said point being the POINT OF BEGINNING; Thence, S 89°34'38" E, 294.35 Feet to a Point; Thence, S 00°25'22" W 59.99 Feet to a Point; Thence, S 89°34'38" E 167.69 Feet to a Point; Thence, S 02°12'41" W 172.89 Feet to a 5/8 inch Iron Rod; Thence, N 89°34'38" W 15.01 Feet to a Point; Thence, N 02°12'41" E 140.87 Feet to a Point; Thence, N 89°34'38" W 34.79 Feet to a Point; Thence, S 00°25'22" W 9.99 Feet to a Point; Thence, N 89°34'38" W 10.00 Feet to a Point; Thence, N 00°25'22" E 9.99 Feet to a Point; Thence, N 89°34'38" W 55.19 Feet to a Point; Thence, S 00°25'22" W 9.99 Feet to a Point; Thence, N 89°34'38" W 10.00 Feet to a Point; Thence, N 00°25'22" E 9.99 Feet to a Point; Thence, N 89°34'38" W 19.66 Feet to a Point; •Thence, S 00°25'22" W 9.99 Feet to a Point; •Thence, N 89°34'38" W 10.00 Feet to a Point; 'Thence, N 00°25'22" E 9.99 Feet to a Point; Thence, N 89°34'38" W 65.15 Feet to a Point; •Thence, S 00°25'22" W 109.13 Feet to a Point; Thence, S 44°34'38" E 19.10 Feet to a Point; L:1Project Fites\C07173\Survey\LEGAL DESCRIPTIONS\Sewer-Water Utility Easement 5-29-08 BE.doc Pege I of3 Pages.! _!0~ . ~ , 'Thence, S 00°25'22" W 51.36 Feet to a Point; Thence, S 89°34'38" E, 145.49 Feet to a Point; -Thence, S 00°25'22" W 33.09 Feet to a Point; 'Thence, S 89°34'38" E 11.54 Feet to a Point; •Thence, N 00°25'22" E 14.64 Feet to a Point; Thence, S 89°34'38" E 10.00 Feet to a Point; -Thence, S 00°25'22" W 14.64 Feet to a Point; ,Thence, S 89°34'38" E 22.79 Feet to a Point; Thence, S 02°12'41" W 20.01 Feet to a Point; Thence, N 89°34'38" W 63.71 Feet to a Point; Thence, N 00°25'22" E 33.09 Feet to a Point; • Thence, N 89°34'38" W 158.55 Feet to a Point; Thence, N 00°25'22" E 13.39 Feet to a Point; Thence, S 89°34'38" E 13.06 Feet to a Point; • Thence, N 00°25'22" E 49.68 Feet to a Point; 'Thence, N 44°34'38" W 19.10 Feet to a Point; •Thence, N 00°25'22" Ell 7.41 Feet to a Point; Thence, N 89°34'38" W l l .00 Feet to a Point; Thence, N 00°25'22" E 62.00 Feet to a Point; • Thence, N 89°34'38" W l 8l .70 Feet to a Point: Thence, S 00°25'22" W 13.30 Feet to a Point; •Thence, N 89°34'38" W 10.00 Feet to a Point; •Thence, N 00°25'22" E 13.30 Feet to a Point; •Thence, N 89°34'38" W 18.55 Feet to a Point; •Thence, N 00°25'22" E 30.00 Feet to the POINT OF BEGINNING. Said above described Easement encompasses 30,708 Sq. Ft. or 0.705 Acres, more or less. o~~~~ 29 a8 L:U'roject Files\C07175\survey\LEGAL DE5CRlPT10NS4Sewer-Water Utility Easement 5-29A8 BE.doc Page 2 of3 Ps'~E:,S1L~~..~~ ~ , ~ W ~,'~ 7880 30. • '7 29 PLS 12220 { FUTURE PHASE 40' 20' 0 40' 80' I I s S89'34'38"E SCALE: 1" = 80' -N- i 35.00' I 1 POINT OF BEGINNING I _ _ _ 589:34 :38 E" 294.35 " ~ '~`~ L33 --------- ------~,n~'i o ~~" '""'' ~ N89'.34 38'IY 181.70' - ,41~ I ~ ~ `~'~ ,~ L35 ~o~ ~ i O 589:34 38 E' 167.69' ,,,,, - L~ - - A PORTION OF THE SW i/4 OF THE SW 1/4 OF SECTION 29 TOWNSHIP 4 NORTH, RANGE i EAST, BOI5E MERIDIAN CITY OF MERIDIAN. ADA COUNTY, IDAHO 2008 ~ ~ z `~ ~~ ~W (V W O N U2 ~ ~ CV d~ ~ O z EXHIBIT 'B' PLS 10782 SEWER & WATER UTILITY EASEMENT LINE TABLE # LENGTH BEARING L 11 20.01' sort '41 "Nf L JJ 22.79' S89' 4' " L l4 14.84' "W L l5 1 00' 4' " L l6 t 4. a' L17 LlB p ' L19 ,1 ' Lao L27 1 Laa L2J ' L24 Las 1 89'34'3 'W L26 ' L?7 5 N89'34'3 'W Lab L29 4' LJO 9 ' soa2 ' 2'W LJl '3 'tiVy LJ2 • L3J N g' ' LJ4 c:ts L36 L37 LJB LJ9 L40 ~'' b L23 N V V Z N89:34:38'lY _ _ ~ 65.15' `L•x1 X27 ~ L31~ I L37J I ~ L21 L25 L29 ~ I I v ~ N ~ DO ai IN ~ ~ v of I~ 20=•-~---~- ~,I I,v 4~ ''I 1~ y~ ~ ~ ~~~ 'T 5002512'liW =I ~IO b~~ 51..36' p h ~L.39 ~ 589:34 :3'8 £ ~ er• L32 :~r ~ ~ - 145.49' L 18 ,~ v - - N89 :34 38'1~Y - 158.55 " ~ 1 j ~ ~ N00:25 2? E ~ L 13 I ~ L 11 PHASE 1 .33.09' I ~ N89 ;34 ;38 "1'Y N __..-__._._.~. 63.71 ' ~ 2 . ~, A WWa° I . 9 N H ~ d' ' (/} W~ N ~ ~ N ~ ~I a ' . z I i I ' POINT OF COMMENCEMENT ~~~ ~ ~ ` ~~ EAST McMILLAN ROAD 30'• 29 31 32 ~ ~ ~ ~ ~ ~ ~ ~N89' 12'28"W 485.46' ~ ~ ~ ~ ~ ~ ~' ~ ` PLS 10782 PRa~cr No. EXHIBIT 'B' FUR C07175 ~m WOODLAND SPRINGS SiiB. ,~ - -~~ pdpip ~ STEVE SOLECKI soF~ SEWER & WATER UTILITY EASEMENT °"""" °r"""~'~ ~'~"~"`"'~~ MERIDIAN IDAHO abnoeo nr STEVE SOLECKI _ _ Meridian City Council June 17, 2008 Page 4 of 55 !. Sanitary Sewer and Water Main Easement Aareement for Woodland Springs: J. Sanitary Sewer and Water Main Easement Aareement for Southeast Corner Marketplace No. 2: K. Agreement supporting Community Development Block Grant (CDBG) Economic Development/Slum & Blight Proiect: L. Award Bid for Grant for Sr. Citizen Center Phase 2 (CDBG-04- III-01-SR for Repair, Re-Stripe, Re-Design of Parking Lots and Spaces for Meridian Senior Center by Henry Boswell Paving for $6,782.82: M. New Liquor License for Brian Wetzel dba Gelato Cafe located at 2053 East Fairview Suite 101: N. Transfer of Owner for Beer License from Gelato Cafe. LLC to Brian Wetzel: O. Right of Wav Easement Aareement (Traffic Signals) with Ada County Highway District for Meridian Fire Station No. 5: De Weerd: Item 5 is our Consent Agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Noting that item 5-P has been removed from the Consent Agenda, I move that we adopt the Consent Agenda and for the Mayor to sign and the Clerk to attest. Rountree: Second. De Weerd: I have a motion and a second to approve Consent Agenda with the change. If there is no discussion, Madam Clark. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports A. Mayors Office: