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Water Main Easement with Joint School District No. 2 for Lanark Water Improvements 767ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 ; BOISE IDAHO 01/25/08 10:31 AM DEPUTY Bonnie Oberbillig III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III RECORDED-REQUEST OF 1Ei80087~7 Meridian Ciry WATER MAIN EASEMENT THIS INDENTURE, made this ~ day of ~, 20O7between ~c: NT- SCi{oe~ 17-s~--~t Z, 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 Water Main Easement EASMT WTR 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. TN WITNESS WHEREOF, the said parties ofthe first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: ivY 1T/ ~esid~rt !~ st. St~t v~te,at~W~ Sect etary STATE OF IDAHO ) ss County of Ada ) '~' ~ ~e m b{za-- On this ~ ~ day of , 20 d"y, before me, the undersigned, a Notary Public in and for said State, personally appeared Br ~L e, ~ G e 5 ~4r ~ n and T'~' sh ~~~~ c ~ n ,known or identified to me to be the President and Secretary, respectively, of the corporation 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. L • ~1 a•~••••• ~~I d• •~9 . . 4 ~ ~ ~ ~' ~ $ v•~ pUB LtG ~ *: ~ +•••••••NN•~•• O ~' ~ q ~ ~~ ~/ NOTARY PUBLIC FOR IDAHO Residing at ~ /~ Commission Expires: 2 /l8 / ~Z,aC3q Water Main Easement EASMT WTR MAIN.doc GRANTEE: CITY OF MERIDIAN ,.---T~ Tammy de Weer , ayor \`\~~~~,~~~ O~ ~~TS ~ 4"'y~9,s.P~~ C)' ~F',,~C~d~,4 `~ ~ ~ C~ Attest by William G. Berg, Ci Clerk - / ~r%Y J~ Approved By City Council On: ! J ~'~ ~ c~~ '~~~rrnrP nN~+~' STATE OF IDAHO, County of Ada ss. a ~h --~' On this 0 day of J ll`,1~ l~,X , 20~ before me, the undersigned, a Notary Public in and for said State, personally appeared AMMY DE WEERD and WILLIAM G. BERG, JR., 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. • EN •. .G~ Y -- •. (SEAL) ~~~~tiQ„~i ``~`,~, ~,~ ,'~. . ~~ ~ d. O v. • ;.~, !Q. i ~, ~ • ~ •~ ~`--- • • t~~~~r~ ~Q ~ ~rn~A.~ a ~ NOTARY PUBLIC FOR IDAHO Residing at: ~1`~1(~u~~~ + ~'D Commission Expires:©-i ~ - ~ ~ Water Main Easement EASMT WTR MAIN.doc WATER MAIN LINE EASEMENT FOR THE CITY OF MERIDIAN, IDAHO An easement for water main line purposes located in the SE '/a of the S W '/a of Section 8, 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 southeasterly corner of said SE '/4 of the SW '/4 from which the northeasterly corner of said SW '/4 bears N 0°31'07" E a distance of 2649.40 feet; Thence N 0°31'07" E along the easterly boundary of said SE '/4 of the SW '/4 a distance of 729.72 feet to the Point of Ending of Lanark Street Centerline as described in Instrument Number 7720601 on file in the office of the Recorder; Thence leaving said easterly boundary N 89°54'31" W a distance of 505.46 feet along Lanark Street Centerline; Thence N 0°27'23" E a distance of 33.04 feet to the POINT OF BEGINNING; Thence N 0°27'23" E a distance of 412.23 feet to the POINT OF ENDING of this description. 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. September 27, 2007 , D~ '6~9Z ~ „L0, l f .0 N ,89'6161 3 „L0,1~:0 N ,ZL'6ZL 3 „LO,1f:0 N I °o I N I W `v I O_ I II ~ i _ ~ o ~, o `~~" ~ U ~ ~ I ~ N ~q o ' ~, o ~ ~ h ~ 4, ~ h I o ~ ~o ~w ~ ~ ~w ~~ ~~ ~ ; W Oq owe I ~ ;") ~ ~~ ~ ° q ~ o~ w ~~ ~~Q W ~ ~ ~ ~ ~wq I ~ ~ Z o Q ~~~ N rwQ °4~ I ~ni ~ o~ ~~ ~ ~ ~ ~ ~ s ~~ ~ j Z g w~ ~w~w ------ ----------- o ~ ~o w --+----_ Q ~~ Q ~ o w Y g ~ w Z ~ ~ ~. ~, ti ~ I Y W ~ I Z ~ a I ~, O ~ I y ~ W i I ~ ~ h 0 W h ~o ;~ Meridian City Council January 8, 2008 Page 8 of 81 of 6,000 plus, where 1 remember we actually had a little roller opener and we would roll up the sidewalks at night with it, you know, to the community now that it is in excess of 72,000 people. An opportunity to grow with the department, with all the changes that we have gone through, and I know when Frank Tomlison from the Valley Times news was in here he asked me what I thought was one of the biggest changes I have experienced over time in my career and I had to point to the change in technology as probably being the most paramount one, where we used to be out in the field and by the time things were relayed through and we got it, there was oftentimes anywhere from -- you know, on a good night a five minute lag, to as much as a half an hour or more. Now, with the digital radio systems that we have, the laptops and everything else in there, it's a real time environment for our officers. They are getting information in a timely fashion, being able to act on it, it's a much more secure venue for them and that is the significant and big change. And, again, I have to point to our partnerships with Ada County, who manages most of that communications headache with staying abreast of the technology, so it helps us all out. It's been really super and, then, with the help of Boise City behind that as well, Garden City, Meridian, the Idaho State Police and, then, even our fire department's got in on it as well. So, we have a much more improved communication system countywide, which I think goes to all of our citizens here, not just those in Meridian. But I know the citizens of Meridian also reap the benefit of it as well. But, in closing, just a big thank you and I appreciate the opportunity and the honor to have been the chief of police in this community and to have served for the length of time that I have and seen the changes that have occurred. And thank you all for being here tonight as well. I appreciate that. Thank you. Item 6: Consent Agenda: A. Approve Minutes of December 18, 2007 City Council Special Meeting: B. Approve Minutes of December 18, 2007 City Council Regular Meeting: C. Change Order No. 3 for the Water Division Building Project (Construction -Ira-Mac, Inc.) for <$15,000>: D. Change Order No. 1 for the Water Division Building Project (Construction -Meridian Fence Company) for $3,682.00: E. Prepare Findings of Fact and Conclusions of Law for Approval: AZ 07-017 Request for Annexation and Zoning of 40.4 acres from RUT to C-C zone (21.3 acres), R-8 zone (6.27 acres) and R-2 (12.87 acres) for Three Corners by David Dean - 6380 North Locust Grove Road: Meridian City Council January 8, 2008 Page 9 of 81 F. Findings of Fact and Conclusions of Law for Aprpoval: PP 07- 021 Request for Preliminary Plat approval of 54 lots including: 33 residential lots, 11 commercial lots and 10 common lots on 40.4 acres in the proposed C-C, R-8 and R-2 zoning districts for Three Corners by David Dean - 6380 North Locust Grove Road: G. Findings of Fact and Conclusions of Law for Approval: AZ 07- 015 Request for Annexation and Zoning of 1.88 acres from RUT to an R-2 zone for the property located at 1650 Dunwoody for Dunwoody Property by Marshall Williams -1650 Dunwoody: H. Findings of Fact and Conclusions of Law for Approval: AZ 07- 014 Request for Annexation and Zoning of 7.55 acres from RUT and R1 to a C-C zone for Woodland Springs by Morgan Development -Northeast Corner of McMillan Road and Locust Grove Road: I. Findings of Fact and Conclusions of Law for Approval: PP 07- 019 Request for Preliminary Plat approval for 4 commercial lots on 7.55 acres in a proposed C-C zoning district for Woodland S rin s by Morgan Development -Northeast Corner of McMillan Road and Locust Grove Road: J. Resolution No. CPA 07-011 Request for a Comprehensive Plan Amendment to modify the Future Land Use Map to change the land use designation on 38.7 acres from Medium Density Residential to Mixed Use Community to include Office /Retail, Private School and Patio Homes for Dean Property by David J. Dean - 6380 North Locust Grove Road (southeast Corner of North Locust Grove and East Chinden): K. Resolution No. CPA 07-014 Request for a Comprehensive Plan Land Use •Map Amendment of 7.43 acres from Medium Density Residential to Mixed Use -Community for Woodland Springs by Morgan Development, Inc. - 1630 & 1720 East McMillan Road: L. Streetlight Agreement for Gramercy Subdivision by Tuscany Development, Inc.: M. Sanitary Sewer and Water Main Easement Agreement for Gardner-Ahlguist by Meridian Medical Plaza, LLC: Meridian City Council January 8, 2008 Page 10 of 81 N. Water Easement Agreement between Franklin and Lanark Street with Joint School District No. 2: O. Water Easement Agreement between Lanark and Commercial Street with Joint School District No. 2: P. Development Agreement: RZ 04-010 Request for a Rezone of .68 acre from R-4 to an O-T zone for Mittleider Rezone by Leon Smith -125 West Cherry Lane and 1645 West 1 S Street: Q. Task Order 2.5 -Filter 4 Final Design with CH2M HILL for $129,723.00: R. Idaho Power Easement Agreement for Fire Station No. 5: S. Public Right of Way Sidewalk Easement Agreement for Meridian Fire Station No. 5: De Weerd: Thank you. Okay. The next item on our agenda is the Consent Agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Noting that Item J is resolution number 08-592 and Item K is resolution number 08-593, I move that we approve the Consent Agenda and for the Mayor to sign all documents and the Clerk to attest. Bird: Second. De Weerd: Okay. I have a motion and a second to approve the Consent Agenda. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 7: Items Moved from Consent Agenda: De Weerd: Okay. There were no items moved from the Consent Agenda. Item 8: SSC -- Environment at Work Recognition Program: