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Water Main Easement with Fullmer, Jeff for The Cottages (2)AOA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 BOISE IDAHO 09!26108 01:59 PM DEPUTY Vicki Allen II I I I II ~I II I I I II II II I I I II I III I II I I III REI±ORDED-REQUEST OF 10$10425 Meridian Ciry WATER MAIN EASEMENT THIS INDENTURE, made this ~ day of ~, 20~between ~~f7 rk~~1hC~ ,the parties of the first art and hereinafter called the Grantors,`and the City of Meridian, Ada County, Idaho, the party of p 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 effect and shall be completely relinquished. Water Main Easement easmt wtr main.doc Page~.o 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. Secretary STATE OF IDAHO ) ss County of Ada ) On this o~/~b day of ~µ s ~ , 206$ before me, the undersigned, a Notary Public in and for said State, personally ppeared k known or identified to me to be the lhdtr~a4a`~~~ that executed the within instrument, and acknowledged to me that such oerpereetie~ Ir~i/IgUaa executed the same. TN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ~~CAL.~~~ c (SEAL) ~ ~~T~~ ~ ..~,. PVSLtG O ~-,~~ OP ~ NO ARY PUB~,IC FOR ID Residing at ~ Commission Expires: ~'/~ - /Z Water Main Easement easmt wtr main.doc Paa~ ~ ex.~.L-- GRANTEE: CITY OF MERIDIAN Tammy de WeercJ; ~Ilayor ~ Attest by Jays~e Holman, City Clerk Approved By City Council On: STATE OF IDAHO, \\`\``~~runur-r'rrii O~I~J.J 's .' rrn n . ss. County,of Ads - ) 8' On this ~~ day o , 200, before me, the undersigned, a Notary Public in and for said State, personally appeared 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. ~,,~,A M`,~~,•. (SEAL) • ,~~ • i ~~' ~ ~+ ~'~ • • ' • . • ..~ + ~ ~ ~.~ ~-~J,, IDA~yO~. '•...... NOTARY PUBLIC RID ~ Residing at: r(Y Q (~ 1 ~r~~ ~p Commission Expires: l(S'l ~ 1 1 Water Main Easement easmt wtr main.doc ~Xh~1o~~ ~~~ CITY OF MERIDIAN WATER EASEMENT FULLMER SITE 1450 East Watertower $t, Suite 150 Meridian, Idaho :83642 Phone .(208) 846-8570 Fax (208) 884-5399 May 15, 2008 An easement for-City of Meridian water lines, located in portions of Lots10, 11, and 12 of Cottage Home Addition to Meridian, as same is filed for record in Book 1 of Plats at Page 42, Ada County records, .and a portion of the SE 1/4 of the NW 1/a of Section 7, T.3N., R.IE., B.M., Meridian, Ada County, Idaho, being a strip of land 20.00 feet in width, right of and adjacent to the following described .easement line: Commencing at the southeast corner of the NW 1/a (Center'/4 corner) of said .Section 7, from which the North'/4 corner of said section bears North 00°34'23" East, 2694.24 feet; thence along the .east boundary of said NW 1/4 North 00°34'23" East, .611.64 feet to point on the East line of said Lot 12, the Beginning Point of said easement line; Thence South 89°37'41" West,`89.27 feet; `Thence North 60°.46' 19" West, _56.00 feet; Thence South 89°3.1'27".West, 15.25 feet to a point on the east boundary of the E. 'Carlton Avenue right-of--way, the Ending Point of said easement line. Sideline shortened or extended as required to form a continuous strip of land. Said easement. covering 3,210 SF, more or less. _~ h 80122\80122-waterease.doc ~~ Pr®~ess®®~®1 L®red ~u~°vey®rs page ~ r 6 1/4 7 E. FAI RVI EW AVE. E. CARLTON AVE. ENDING POINT- S 89'31'27"W 15.25' ~~^O~ ,y s Ssoa 0 3,210 SF +/- / ~~~ ~ ~ ~N %~ ¢6~ ~` 8 ~ / 9~Y S 9'37'41 N 89.27' I N ~, BEGINNING POINT N Q 3 m a ~ NO I M N Om . f/) t0 ~. ~J..~ QZ J Q U Z CEN 1/4 SCALE 1 "=50' INEER/NG N DWG.DATE 05/15/08 bkb MERIDIAN CITY WATER EASEMENT ~ G PROJ. N0. 80122 FULLMER SITE SOLUTIONS~c~ SHEET 1 OF 1 LOCATED IN THE SE 1/4 OF THE NW 1/4 OF SECTION 7 1029 MERDANRIODAHOE 83642E 100 (208) 938-0980 Fox (208) 938-0941 Ph T.4N., R.1W., B.M., MERIDIAN, ADA COUNTY, IDAHO one 80122-WATEREASE.DWG Meridian City Council September 9, 2008 Page 4 of 66 H. Findings of Fact and Conclusions of Law for Approval: CUP 08-015 Request for Conditional Use Permit for an Assisted Living Facility consisting of 2 residential treatment buildings and 1 administrative building in a proposed R-8 zone for Redmont Health Services by The Land Group, Inc. - 5075 W. Cherry Lane: I. Addendum to Development Agreement: MI 08-001 Request for a Miscellaneous application to modify the Development Agreement to remove the requirement for cross-access between the properties located at 125 W. Cherry Lane and 1645 W. 1St Street for Mittleider by Dr. Dan Thieme - 125 West Cherry Lane: J. Change Order No. 1 for Well 14 Rehabilitation (Construction) with McLeran Well Drilling for $3,775.00: MC`. Water Easement Agreement for The Cottages by Jeff Fullmer: L. Meridian I Five Mile Drain: M. Fourth Amendment to Lease Agreement with William A. Hon for 660 East Watertower Lane: N. Deed of Conservation Easement for Five Mile Creek Restoration Project with Arthur Berry & Kobe, LLC: O. Change Order No. 1 for Class A Reclaimed Wastewater Disinfection and Distribution Improvements with Star Construction, LLC for $6,414.49: P. Award of Bid and Authorization to enter- into Contract with (name of winning bidder) for Settlers Village Square -Phase 1 for (amount ): Q. Contract with Star Construction for Well 27 Flush Line for a Cost Not to Exceed $29,409: R. Child Safety Day Property Use Agreement with State Farm Mutual Automobile Insurance Company: S. Addendum No. 6 to Agreement for City Prosecutor /Criminal Legal Services with the City of Boise: T. Approve 2009 Stenographic Service Agreement with MD Willis, Inc. for Stenographic Services: ,' ` Meridian City Council September 9, 2008 Page 5 of 66 De Weerd: Item 5 is our Consent Agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: As noted, we are removing Item O from the Consent Agenda. Other than that, I move that we adopt the Consent Agenda as amended. Rountree: Second. Bird: Second. De Weerd:. Okay. I have a motion and a second to approve the Consent Agenda. If there isn't any discussion -- Zaremba: I believe I should have added for the Mayor to sign and the Clerk to attest. De Weerd: I appreciate that addition. And I'm sure second -- both seconds agree; right? Rountree: Certainly do. De Weerd: Okay. Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea. MOTION CARRIED: ALL AYES. Item 6: Swear in Brad Hoaglun as City Council Member Seat #2: De Weerd: Item 6. I brought to you two weeks ago the -- and asked for your confirmation for appointment of Brad Hoaglun to City Council Seat No. 2. Tonight he and his wife and I believe his in-laws are here with him. Brad is going to have his wife join him and we have our City Clerk that will swear you in. So, if you will come forward, Brad. Holman: Raise your right hand and repeat after me. I, Brad Hoaglun, do solemnly swear, that I will support the Constitution of the United States and the Constitution of the State of Idaho and the laws and ordinances of the City of Meridian, Idaho, and that I will, to the best of my ability, faithfully perform the duties of the office of City Council of Meridian, Idaho, during my continuance therein, so help me God. (Repeated by Brad Hoaglun.)