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Water Main Easement with Dean, David J. and Luane I. for Three Corners SubdivisionADA COUNTY RECORDER J. DAVID NAYARRO AMOUNT .00 ~ BOISE IDAHO 08/28/08 10:56 AM DEPUTY Lisa Irby III IIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIII RECORDED-REQUEST OF 10~0~765~ Meridian City WATER MAIN EASEMENT THIS INDENTURE, made this ~ day o , 2(l~between David J. Dean and Luane I. Dean Husband and Wife, and Foundations Academ Inc. 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 ofthe 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 Water Main Easement Meridian Water Easement.doc pages. ~.....lof. 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 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. Luane 1. llean Foundati ns Academy, Inc. David Goodwin, President Water Main Easement Meridian Water Easement.doc 2- STATE OF IDAHO ss County of Ada ) On this ~ day of ~ ~ , 20Q~ before me, the undersigned, a Notary Public in and for said State, person ly appeared David J. Dean and Luane I. Dean, Husband and Wife, known or identified to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that 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. g't~ / ~KARr ~~~` PV'`~'~ ~! .~,r~+r$ o"~~ STATE OF IDAHO ss County of Ada ) NOTA Y PUBLIC FOR IDAHO Residing at: /~cJst- Co~.~ Commission Expires: On this p~ '~ day of , 20~, before me, the undersigned, a Notary IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ~---~ r-~ r1 ~---~ Public in and for said Sta er ly appeared David Goodwin, who being known or identified to me to be the President of said corporation that executed the within instrument or the person who executed the instrument on behalf of said corporation and acknowledged to me that such corporation executed the same. ~.~- F ~. `~• L '• A .~, a ~ Qa` t o- ~> ~ ~~ ~ ~g~ ~'Gt ~! ., ~ NOTARY PU L Residing at: Commission Expires ~~d1, ~~,~)--2_ Water Main Easement Meridian Water Easement.doc P~ 2 , GRANTEE: CITY OF MERIDIAN Tammy de Weerd, M~or Attest by Jay Holman, City Clerk"; Approved By City Council On: STATE OF IDAHO, ss; County of Ada ) ~~i '9~ ~r T '~ RQ ; '' _ gEAL .'~. ~~ ~~/lti~u~• ~~ ,~ On this ~ o~ day of ,~ l~ ll 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 ~ ~ ~ TA ,C~: • • . ~ ~ . • Water Main Easement ARY PUBLIC FOR IDAHO Residing at: (~~ l.[~1-A~P~I~ ll~ Commission Expires: l~,-l ~ I Easement.doc Meridian Water TOOTHMAN-ORTON ENGINEERING COMPANY CONSULTING ENGINEERS, SURVEYORS AND PLANNERS 9777 CHINDEN BOULEVARD BOISE, IDAHO 83714-2008 208-323-2288 FAX 208-323-2399 boise@toengrco.com Project No: 07121 Date: June 5, 2008 Page: 1 of 1 EXHIBIT "A" City of Meridian Water Easement -Description A 10-foot wide strip of land being a portion of the Northwest Quarter of the Northwest Quarter of Section 29, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County Idaho, described as follows: COMMENCING at a found 5/8" iron pin, marking the Southwest corner of the Northwest Quarter of the Northwest Quarter of said Section 29, from which a found brass cap marking the Section corner common to Sections 19, 20, 29 and 30, Township 4 North, Range 1 East, Boise Meridian, bears N.00°37'24"E., 1328.30 feet; thence, along the South line of the Northwest Quarter of the Northwest Quarter of said Section 29, A) 5.89°36' 15"E., 35.00 feet; thence, B) N.00°37'24"E., 47.45 feet to the POINT OF BEGINNING; thence, continuing, 1) N.00°37'24"E., 10.00 feet; thence, 2) 5.89°36'20"E., 183.25 feet; thence, 3) S.49°47'34"E., 19.54 feet; thence, 4) 5.89°22'40"E., 276.63 feet; thence, 5) 5.00°37'24"W., 10.00 feet; thence, 6) N.89°22'40"W., 280.23 feet; thence, 7) N.49°47'34"W., 19.52 feet; thence, 8) N.89°36'20"W., 179.67 feet to the POINT OF BEGINNING. CONTAINING: 4,794 square feet, more or less. SUBJECT TO: All Rights, Rights-of--Way and Easements of Record. Exhibit "B", attached and by this reference, made a part hereof. H:\07121\WPfiles\Survey\ExhA-Meridian Water Esmt(2).doc ~-•73~~ F ~n~4~~05/~~0 \rF GF ,0~~ N. I~1-~i BOISE COEUR cl'ALENE CALDWELL 0 0 a W Z 8 19 20 EXHIBIT "B" -WATERLINE EASEMENT MAP LOCATED IN THE NW 1 /4 OF THE NW 1 /4 OF SECTION 29, 30 29 TOWNSHIP 4 NORTH, RANGE 1 FAST, BOISE MERIDIAN CITY OF MERIDIAN, ADA COUNTY, IDAHO 35' I I I N89'S9'56"E 509.97' 474.97' LEGEND I - - BOUNDARY LINE I I - - - - - - SECTIONAL LINES I I - - - - - - - - - - -ADJOINING PARCEL OR LOT LINE I I ~ FOUND BRASS CAP ~ o ANGLE POINT (NOTHING FOUND OR SET) ~ O FOUND 5/8" IRON PIN W/PLASTIC CAP o i ®MERIDIAN WATERLINE EASEMENT I I N rx _ I I Z PROPOSED LOT 1. BLOCK 1 I I o ~ ~ THREE CORNERS SUBDMSION N0. 1 p 13 DEED INSTRUMENT N0. 108047818 ° O~ i ~ ~ to ~ N ~ w I = LINE TABLE ~ N I I ~ LINE BEARING LENGTH I cv ~ ^ I I o L1 N00'37 24"E 47.45 ~ U ~'`~ I o L2 N00'37'24"E 10.00 - N °o ~~.7 O I ~ L3 S49'47'34"E 19.54 ~ z Z I a L5 S00'37'24"W 10.00 i~ I Z I L6 N49'47'34"W 19.52 ~ U q ~ I I I c°n a I NI-~ LAND I I i ~~~~\~~G\STERFSG~p` . 7 16 '° I I ~'nip'r~ OF ~~~ ~~~ I I ~ ~ H. ~~p~v ~ I "POINT OF BEGINNING" 10' MERIDIAN WATERLINE EASEMENT S89'36'20"E 183.25' ,,, ~ ~ l.~ll~ZTl~7llllllllllOJ ~~ sas•22'4o"E 27s.s3' o _ Nas•3s'2o"w 17s.s7' 11~;~1ZTll~llLZll~IllQl.IOJ.IZ7J~ N ~ ~- -~I N89'22'40"W 280.23' ~ ~ ~ ~ 35' O N • - - - z° ~ _ ~ N89'36' 15"W 509.94' DUNWOODY SUBDIVISION cJ0 • 2911/4 CORNER 0 50 100 200 300 SCALE: 1 "=100' J TOOTHMAN-ORTON ENGINEERING CO. ENGINEERS SURVEYORS PLANNERS 9777 CHINDEN BOULEVARD BOISE, IDAHO 83714-2008 PHONE: 208-323-2288 FAX: 208-323-2399 E-FILE: H:\07121\ExhB-Woter Esmt(2).DWGDATE:04/23/DS JOB:0712J.~85-100 Parcel name: WATERLINE ESMT #2 North: 726947.2152 Line Course: N 00-37-24 E North: 726957.2147 Line Course: S 89-36-20 E North: 726955.9531 Line Course: S 49-47-34 E North: 726943.3397 Line Course: S 89-22-40 E North: 726940.3356 Line Course: S 00-37-24 W North: 726930.3362 Line Course: N 89-22-40 W North: 726933.3794 Line Course: N 49-47-34 W North: 726945.9783 Line Course: N 89-36-20 W North: 726947.2152 East 2459796.4718 Length: 10.0001 East 2459796.5806 Length: 183.2526 East 2459979.8289 Length: 19.5389 East 2459994.7510 Length: 276.6311 East 2460271.3658 Length: 10.0000 East 2460271.2570 Length: 280.2297 East 2459991.0439 Length: 19.5165 East 2459976.1388 Length: 179.6714 East 2459796.4717 Perimeter: 978.8403 Area: 4,794 sq. ft. 0.11 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0002 Course: N 68-26-36 W Error North: 0.00006 East -0.00016 Precision 1: 4,894,201.5000 i Meridian City Council August 12, 2008 Page 4 of 52 Item 6: Consent Agenda: A. Findings of Fact and Conclusions of Law for Approval: AZ 08- 006 Request for Annexation and Zoning of 0.92 of an acre from R1 to an R-2 zone for Alter Property by Denise Alter - 2741 East Leslie Drive: B. Findings of Fact and Conclusions of Law for Approval: SHP 08-006 Request for Short Plat to create 4 office condominiums in an existing building on 1 commercial building lot on 0.66 of an acre in an I-L zone for North hickory Condominium by Hickory Land Partners, LLC - 1020 North Hickory Avenue: G Sanitary Sewer and Water Easement Agreement for Three Corners Subdivision by David & Luane Dean: D. Addendum to Development Agreement: MI 08-005 Request for a Miscellaneous application to amend the existing Development Agreement to allow the construction of the four eight-plexes prior to the construction of the Pine/Ten Mile Intersection for Sommersby Subdivision by Liberty Partners, Inc. -Northeast Corner of West Pine Avenue and North Ten Mile Road: E. Change Order No. 2 with K2 Construction for Water Division Phase 2 Project for $5,069.95: H. Directive Approval for Weed Abatement, 1528, 1516, and 1440 West Cherry Lane: I. Approval of TRS Range Services-Contract Addendum for Revisions for Preliminary Indoor Range Design for $3,000.00: De Weerd: Thank you, lieutenant. Okay. As we are just drying up over here, Item No. 6 is our Consent Agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: On the Consent Agenda I would remind everybody that Items G and H have been withdrawn. I would also restate for the record that on item E that the change order with K2 Construction for an amount not to exceed $5,069.95. Item I is a service contract addendum with TRS Range for an amount not to exceed 3,000 dollars. And ~_n Meridian City Council August 12, 2008 Page 5 of 52 with that I would move that we approve the Consent Agenda and for the Mayor to sign and the Clerk to attest. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve the Consent Agenda as amended. Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Before we move into the Department Reports, if any of the members from the public are here for Items 10, 11 or 12, they are requested to continue because of posting or other reasons. So, we apologize if you're here tonight for any of those items. Are any of you here for any of those items, if you will raise your hand. Okay. Well, good. Then, I don't have to apologize. They were not signed, so we do have to continue them. Item 7: Department Reports: A. Sanitary Service Department: 1. Update about Annual CPI Rate Adjustment: De Weerd. Okay. Item 7 is Department Reports. We will start tonight with Sanitary Services and ask Steve to come forward. Sedlacek: Thank you, Madam Mayor, Members of the Council. I think in your packet you have a memo, dated August 12th from me, regarding our standard annual rate increase. And the rate increase is tied to our contract. One of the difficulties or issues that we need to talk about tonight is the county land fill rates. I have assumed in this memorandum, since I have heard that the rates will be going up October 1st, unfortunately, the commissioners have not published what the rates will be, but I must come to you on a certain schedule to hit my timelines to be effective October 1st, in case we need to go to a public hearing. So, I need your guidance on this issue, I guess. What I have heard is the land fill fees will go up at least 25 percent, but most likely 50 percent. De Weerd: Fifty? Sedlacek: Yes. And that's on the heels of last year's 67 percent increase. So, basically, this memorandum is based on a 50 percent landfill rate increase and, then, CPI, which I guess my thought was if you have a public hearing, it's better to say what RECEIVED Memo To: Jaycee Holman; Tara Green. From: Scott Steckline; Development Services Coordinator CC: Karie Glenn Date: 7/22/2008 Re: Proposed Agenda Item for July 29, 2008 City Council Meeting ~u~ z z zoos City Of Meridian City Clerk Office The Public Works Department respectfully requests the following item be placed on the July 29, 2008 City Council agenda, under Consent Agenda, for Council's consideration: Water and Sewer easements for Three Corners Subdivision. Recommended Council Action: The Public Works Department recommends that City Council approves the purposed water and sewer easements for Three Corners Subdivision. Thank you for your consideration. Please contact me if you have any questions. • Page 1