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Water Main Easement with Joint School District No. 2 for Lewis and Clark Middle School~ ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 BOISE IDAHO 08126108 10:56 AM DEPUTY Lisa Irby RECORDED-REQUEST OF III IIII'IIIIIIIIII'111'11'lll'IIII Meridian Ciry 1 ~$~~~~~~ WATER MAIN EASEMENT ~, THIS INDENTURE, made this -day of 1,~=~' 20~ etween Sd i Kt' SUtoa~ D~ sT ~2., 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 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 EASMT WTR Water Main Easement MAIN.doc 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. STATE OF IDAHO ) ss County of Ada ) On this ~5tti day of S 20 ~$ ,before e, the undersigned, a Notary Public in and for said State, personally appeared ~11~GlVl y~~bhe-'f and ~.~ ~-~{~ ,known or identified to me to be the person(s) that executed the within instrument, and acknowledged to me that he (she) (they) executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ,•••`••,' 1~•'••:,G~ ~~•~~ NOTARY PUBLIC FOR IDAH ~ 9 ~ Residing at r ~, ' 4 • ~~ ARC' ~' ~ Commission Expires: 3-a7- D9 * '~ .~•~ . O • •,,,~J,~9TE•0 F 19 ~~~~,,~ Water Main Easement EASMT WTR MAIN.doc GRANTEE: CITY OF MERIDIAN City Clerk ~_ :~ ~ri A ~ ~ i~~ /~ ~,~ ti '-, r ~- „~, ~o ' S$AL y ~~~ ~; ~T 'S i Tammy de Weerd, Attest by Approved By City Council Orl,:, ~-5- STATE OF IDAHO, ss. County of Ada ) ~` ~ On this ~ day of ~S~" , 20_, before me, the undersigned, a Notary Public in and for said State, personally ap ared 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. ~;~' • (SEAL) : ~?';~o T A~P~,',~ ~~ s • ~ `~ • • ' .~,~ ~'UBI.,ZG•'~o•' •..~,.. TARY PUBLIC F R IDAHO Residing at: Commission Expires: Water Main Easement EASMT WTR MAIN.doc Y i v k WATER MAIN LINE EASEMENT FOR THE CITY OF MERIDIAN, IDAHO An easement for water main line purposes located in the NW '/a of the SE 1/a of Section 9, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and being 10.00 feet on each side of the following described centerline: Commencing at the southwesterly corner of said SE '/4 from which the northwesterly corner of said SE 1/4 bears N 0°47'50" E a distance of 2650.82 feet; Thence N 0°47'50" E along the westerly boundary of said SE '/4 a distance of 1258.13 feet; .__ Thence leaving said westerly boundary S 88°28'29" E a distance of 245.18 feet to the POINT OF BEGINNING; Thence N 0°48'02" E a distance of 65.51 feet to a point; Thence N 89°11'58" W a distance of 40.00 feet to the POINT OF ENDING of this description. This parcel contains 0.05 acres and is subject to any other easements existing or in use. This description was prepared from record information. Civil Survey Consultants, Incorporated is not responsible for any discrepancies a survey might reveal. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Inc. May 14, 2008 ti ~ W w W ~ ~ o~ ~ ° ~, ~ ~ o ~ ~° °`O ~ ~ o ~~ Z O 4 ~ ~ ~ ~q Z r U ~ L~ Q W ~ ~O ~~ ~ C~i~ ~~ °~ ~ Z , w Q COQ [. ~ qw~ ~ ~rj O ~~ yon ~ N ~ ~ rn~ o~q q W W °~ ~w~ W q ~ 'mil ~ Q '~ q ~ ~ ~~ ~ ~ ~ ~~ 2 Q ~ ~ ~ ~ ' ' ~ ' tW ~ , 69 Z6~ l ~ „ OS, L tom, 0 N , ~' l 8SZ! ~ OS L i~,0 N ~ ~ ,~ , w Ww ~ Z8~OS9Z ~ OS L~ O N ~o w , „ e , ~~ ~ o w ~ ~ ~ ~ ~ w Q o N ~ ~ ~ 4 0 o z' J ~ ~' V `" Y Q O O y ~. ~ o ~ II ~ ~ ~- ~ O ~ w J Q U ~ ~ ~ (~-~ `yl n n \ (~ M Z Meridian City Council Special Meeting r" 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: C. Water Main Easement Aqreement for Western States Expansion by Terteling Trust No. 7: D. License Aqreement with Nampa Meridian Irrigation District for Ten Mile Drain, Nine Mile Drain, Eight Mile Lateral and Finch Lateral: E. Water Easement Aqreement for Lewis & Clark Middle School by Joint School District No. 2: F. Traffic Signal Construction, Installation and Maintenance Aqreement for Meridian Fire Station No. 5 with ACHD: G. Water Main Easement Aqreement 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 24th 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.