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Water Main Easement with Katsam, LLC for Money TreeADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 BOISE IDAHO 07/22108 03:32 PM DEPUTY Bonnie Oberbillig III IIII'I'III'IIIIII'IIIIIIII~I III'll RECORDED-REQUEST OF 1~8~~35~4 Meridian City WATER MAIN EASEMENT THIS INDENTURE, made this IPo day of ,kiviG , 20~ between KATSAM, LLC, 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 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 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 Water Meter Easement Pag~p 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: KATSAM, LLC e /-~~F'1W``)[~V) ~~~~'~~~d~ By: David Bassford V ~D '~'., ...:..ec~:,.ev......:.a~.,« /11Av1HCri/lt~ ~k-'~1~PY~ STATE OF ~Cl. ~ ~~~ ~~,~ ss County of "~-5 ) On this ~ ~ day of BTU Yl'~ , 20~' ,before me, the undersigned, a Notary Public in a for said St to a son 11 a eared David Bassford, known or identified to me to be the £~eentive he imrted liability company that executed the within instrument, and acknowledged 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. ~//I//I~,rrr ,,,~ ,~ , (SEAL) ~ ~~Or~N;7TARyA'A~ ;u s...~ N ~, : oUau~ ;' 2 • 9~F ~0`49'~,~. C~~o~~,`` OF W AS~~~'t~t NOTARY PUBLIC FOR MI6 ~rt~n~ Residing at ~f-nD.~~ Commission Expires: 1©~ q • i T.A. ~iIIC~~z Water Main Easement Water Meter Easement GRANTEE: CITY OF MERIDIAN '~ ~ i, Tammy de Wee. yor ~~~~\``,~y ~.yly ~i,~~r ~, TFp ~~ Attest by J ee Holman, City Clem AL ~~ Approved By City Council On: STATE OF IDAHO, County of Ada ss. •~ .: '4~r,1~in ~~~~~~`~~~\\ On this ~`~ day of U , 20_, before me, the undersigned, a Notary Public in and for said State, personally appeare TAMMY 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. ~ ~ ~ ~ ~ ~ -~o .b , (SEAL) ~ ~~~~ ~' ^ ,,~ '•~~~~":ys •• Water Main Easement ~o~~ ~-J NOTARY PUBLIC FOR IDAHO Residing at: ~~ ~l?P 1~ ~ ~~ Commission Expires: ~~- ~ ~" ~ 1 Easement Water Meter Legal Description Southern Springs Sub. No. 2 -Lot 6, Block 1 City of Meridian -Water Easement An easement located in Lot 6 of Block 1 of Southern Springs Subdivision No. 2 as shown in Book 94 of Plats on Page 11544, records of Ada County, Idaho, and also being located in Government Lot 1 of Section 19, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, and mare particularly described as follows: Commencing at a brass cap monument marking the northwest corner of said Section 19, from which an aluminum cap monument marking the southwest corner of the NW '/o of said Section 19 bears S 0°37'06" W a distance of 2649.91 feet; Thence S 0°37'06" W along the westerly boundary of the NW '/4 of said Section 19 a distance of 321.26 feet to a paint; Thence leaving said westerly boundary S 89°22'54" E a distance of 151.80 feet to a point marking the southerly angle point in the south boundary of said Lot 6 of Block 1 of Southern Springs Subdivision No. 2; Thence N 72°20'35" E along the southerly boundary of said Lot 6 a distance of 93.18 feet to a point; Thence leaving said southerly boundary N 17°39'25" W a distance of 35.00 feet to the POINT OF BEGINNING; Thence S 72°21'09" W a distance of 10.00 feet to a point; Thence N 17°40'03" W a distance of 5.17 feet to a point; Thence S 89°59'55" W a distance of 19.07 feet to a point; Thence N 0°00'05" W a distance of 10.00 feet to a point; Thence N 89°59'55" E a distance of 26.38 feet to a point; Thence S 17°40'03" E a distance of 12.48 feet to the POINT OF BEGINNING. This parcel contains 315 square feet and is subject to any other easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC May 30, 2008 ~.. ~ 7°~ ~~ ~'~I ~ X75 ~~~-= ~ Land Surveying and Consultlng O~p,G LA/y~s .c a 11118 ~~f3o)c~8~°,Z ~~~ TF ~ F \OP ~~ TAN W NPrl Southern Springs No. 2 Job No. 08-03 P CITY OF MERIDIAN -WATER EASEMENT SKETCH 3 ~ ~ 2 2 18 13 18 _ N 89 43 29_ E E. O I/ERLAND ROAD 2444.34 1/4 24 19 223.11 " 2221.23' 19 c~ 'o N~~ ~~ a 3 I ~ ~~ a o ++ ~C~ ~ p~h~1 ~6 ~ ~~`' I O = N h ~ I~ ~ W ~ N N Z 151.80 LOT 6 ~ N BLOCK 1 \ ~ ~ SOUTHERN SPRINGS SUBDII/lS/ON NO. 2 W 0 rn ~~ O N ~ 50.00: S 89 22'54 " E h N 24 19 1/4 91.15 142.91 51.76' \ \\ \ ~ \ v \ c.a \ ~ \ m ;'' Z w \\ ~ ~ m N MI~E1 \\ D ~R~N EASEMEN \ Z \ NEW WA TER \ EASEMENT ~~L6~ \ PO/NT OF cn ~L ~~v . ~ BEG/NN/NG\ ~2~; \~ \ ~:. \ \ J ~' 63, 50• ~~' Exisnroc WATER ~ ~• 150' AND SAN/TARY ~ f SEWER EASEMENT 93' ~ $' 5s' E N 'Z.Zp 3 LINE TABLE LINE LENGTH BEARING L 1 35.00' N 17'39 25 ° W L2 10.00' S 72'21 09" W L3 5.17' N 17'40'03" W L4 19.07' S 89'5955° W L5 10.00' N 00"00 05° W L6 26.38' N 89'59 55" E L7 1248' S 1T40 03" E N 8720'47" E 101.80' 0 Z5 50 100 Lin olutior's Land Surveying and Consulting 231 E. 5TH ST., STE. A MERIDIAN, ID 83642 ~zos~ zas-zoao ~zos~ zsazss~ fax www.landsol utions.biz {: ti Meridian City Council July 1, 2008 Page 3 of 34 2008, and so we won't do that. Item 13 is Ordinance No. 08-1369 and there has been a request to move Items 12 and 13 to earlier in the agenda tonight and I will move that we replace Item 8 with Items 12 and 13. With that I move that we adopt the agenda as modified. Bird: Second. De Weerd: Okay. I have a motion and a second to adopt the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: Consent Agenda: A. Findings of Fact and Conclusions of Law for Approval: RZ 08- 001 Request to Rezone 0.32 acres from R-4 to O-T zone for Trini Assisted Living by Elisha Ricky - 1353 West 1St Street: B. Findings of Fact and Conclusions of Law for Approval: CUP 08-005 Request for Conditional Use Permit to operate a 24-hour Nursing Care Facility in a proposed O-T zoning district and conditional use approval for a site and building that does not meet the criteria of the Downtown Meridian Design Guidelines for Trini Assisted Living by Elisha Ricky - 1353 West 1St Street: C. License Agreement with Nampa Meridian Irrigation District for the Black Cat Trunk Sewer Phase 4 Schedule B&C: Water Main Easement Agreement for Money Tree by Katsam, LLC: E. Cooperative Construction and Reimbursement Agreement with Primeland Development Co., LLP for $22,349.95: F. Resolution No. :VAC 08-005 Request for a Vacation of the 10-foot wide public utility easement located along the south property boundary of Lot 3, Block 1 of Devon Park Subdivision No. 2 (aka Fairview Lakes) by Fairview Lakes, LLC - 'h mile east of North Meridian Road and north side of East Fairview Avenue G. Approval of Contract Amendment for Senske Lawn & Tree Care. Inc. for the addition of services to the Water Division Building and Fire Station #5 for $24,925.00 over the 3 year contract term: ~ ... r Meridian City Council July 1, 2008 Page 4 of 34 H. Change Order No 1 for Black Cat Road Water Main Extension Phase 1 & 2 (Construction) with Brown Construction, Inc. for $44,164.50: Resolution No. Parking Committee: De Weerd: Item 5 is our Consent Agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Downtown Meridian Zaremba: Noting that Item F is resolution number 08-612 and Item I is resolution number 08-613, I move that we adopt the -- that we adopt the Consent Agenda and for the Mayor to sign and the clerk to attest. Bird: Second. De Weerd: Okay. I have a motion and a second to approve the Consent Agenda. If there is no discussion, Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Department Reports: De Weerd: Okay. There is no department reports. Item 7: Items Moved from Consent Agenda: De Weerd: And no items moved from the Consent Agenda. Item 8: MFP 08-005 Request to Modify the previously approved Final Plat (FP 05- 076) by removing the requirement fora 5-foot detached sidewalk along Lots 54-66, Block 5, which are located on the south side of E. Deerhill Street between Montague Way and Genoard Avenue for Messina Meadows by Tuscany Development, Inc. -'h mile west of S. Eagle Road and '/2 mile south of E. Victory Road: De Weerd: Item 8 has been requested to vacate until July 22nd, so we will go ahead -- Zaremba: Madam Mayor, do we need a motion for that? De Weerd: Do we?