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Sanitary Sewer and Water Main Easement with Gardner Ahlquist Development for Gateway No. 2ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 I BOISE IDAHO 02!28108 01:34 PM DEPUTY Patit Thompson III IIIIII'lllllllll'II,I'lllllll'I III RECORDED-REQUEST OF 108~22~82 Ciy of Meridian SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this 7th day of February, 2008 between Gardner Ahlquist Development, 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 sanitary sewer and water main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines 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 operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, 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 making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such 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 Sanitary Sewer and Water Main Easement easmt.s&w main.doc P~~ ~ .~. 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. 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: President STATE OF IDAHO ss County of Ada ) On this 7th day of February , 20 08 ,before me, the c~ersigned, a Notary Public in and for said State, personally appeared `~_ ~o~tAaf AvIS~ ,known or identified to me to be the President respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the Barrie. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist N Y P LIC F R IDAHO Residing at: 90/ N• ~ 7f d~~ a~ ~b X3713 Commission Expires: i o3 zero r ,~~11Y ,., P V ~ ,.~ ~, .` ,STA TE ~~~~. •` Sanitary Sewer and Water Main Easement easmt.s&w main.doc Page9~t s~- CITY OF MERIDIAN ~ /1~., Tammy de W \\\~~\~ ~°~;-~ ~~~~~ //ire,/~ ~ ~~'; (~ nor ~ -, ~~a~~ ~ ' = ~ f;' r ~~ Ufa Jaycee Holma~l, City Clerk % C2, ~ '~~~~ ~` ~,~' "` ~' \. Y ,`~ Approved by Council on : ~~~...~ ~"1~~` ~ STATE OF IDAHO, County of Ada, ) ss. On this ~q,~day of .~~-- ,20_W before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared Tammy de Weerd and Jaycee Holman, known to me to be the Mayor and City Clerk of the City of Meridian, Idaho and who subscribed their names to 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. •'' ~~ G~'• ~ n m ~ ~ ' ~ ~ ; ~ `~ ;, Notary Public or Id ho ~; ; Residing at: ~ p • My Commission Expires: •~~ ~t,~,zcP~a. .; E OF ;9.• LEGAL DESCRIPTION FOR WATER EASEMENTS FOR GATEWAY N0.2 A Easement located in the Northwest 1/4 of the Northwest 1/4 of Section 16, Township 3 North, Range 1 East, Boise, Meridian, Ada County, Idaho being further described as follows: BASIS OF BEARINGS: The West line of the Northwest 1/4 of Section 16, Township 3 North, Range 1 East, Boise Meridian, taken as North 00°20'34" West with the distance between monuments found to be 2653.01 feet. Beginning at a point from which the Northwest Section corner of Section 16, Township 3 North, Range 1 East Boise Meridian bears North 24°40'21" West a distance of 945.34 feet. thence South 89°27'53" East a distance of 20.00 feet; thence South 00°24'52" East a distance of 204.67 feet; thence South 89°51'37" West a distance of 137.95 feet; thence South 00°01'39" East a distance of 47.04 feet; thence South 90°00'00 East a distance of 373.99 feet; thence North 00°20'45" West a distance of 111.74 feet; thence South 89°28'29" East a distance of 20.00 feet; thence South 00°20'45" East a distance of 111.56 feet; thence South 90°00'00 East a distance of 98.61 feet; thence South 33°45'00" East a distance of 31.43 feet; thence South 56°15'00" West a distance of 20.00 feet; thence North 33°45'00" West a distance of 20.74 feet; thence South 90°00'00 West a distance of 34.81 feet; thence South 00°00'00 West a distance of 27.59 feet; thence North 90°00'00 West a distance of 20.00 feet; thence North 00°00'00 East a distance of 27.59 feet; thence North 90°00'00 West a distance of 40.06 feet; thence South 00°01'30" West a distance of 35.62 feet; thence North 89°58'30" West a distance of 20.00 feet; thence North 00°01'30" East a distance of 35.61 feet; thence North 90°00'00 West a distance of 117.27 feet; thence South 00°00'00 West a distance of 23.32 feet; thence North 90°00'00 West a distance of 20.00 feet; thence North 00°00'00 East a distance of 23.32 feet; thence North 90°00'00 West a distance of 209.63 feet; thence South 00°00'00 East a distance of 27.34 feet; thence North 90°00'00 West a distance of 17.55 feet; thence North 00°00'00 West a distance of 27.34 feet; thence North 90°00'00 West a distance of 22.57 feet; U:\TS-SUBS\Gardner Ahlquist Meridian Gateway\survey\legals\LEGAL DESCRIPTION FOR WATER NO. 2.doc P~~O~ thence North 00°01'39" West a distance of 12.81 feet; thence South 89°43'37" West a distance of 80.75 feet; thence North 00°16'23" West a distance of 20.00 feet; thence North 89°43'37" East a distance of 80.83 feet; thence North 00°01'39" West a distance of 54.18 feet; thence North 89°51'37" East a distance of 137.81 feet; thence North 00°24'52" West a distance of 184.90 feet to the POINT OF BEGINNING. Said Parcel containing 24,520 square feet or 0.56 acres, more or less and is subject to all existing easements and rights-of--ways of record or implied. END OF DESCRIPTION Kenneth H. Cook, P.L.S. 9895 Timberline Surveying 847 Park Centre Way, Suite 3 Nampa, Idaho 83651 (208) 465-5687 U:\TS-SUBS\Gazdner Ahlquist Meridian Gateway\survey\legals\LEGAL DESCRIPTION FOR WATER N0.2.doc Pal~~o~ U:1TS-SUBSIGardner Ahlquist Meridian GatewayldwglEXHIBITIGATEWAYSUB N0.2 FINAL PLAT WATER AND SEWER EASEMENT.dwg w ~ N00.20'34"W • 2653.07' ~ BASIS OF BEARING 'A a ~+ ~ L3~ I I~ Iz IA I~ IW I~ Im I' I ~ I~ I~ ~ I~ Imo' ~L4~ ~t~00_01'39"W 1 ' ~ 54. 8 L6 ~ r~' S00°01_39"E ~ 47.04' V~' C8 ~ I I I I I I I ~I 0 j ~ I ZI I I ~I of I ~I I ~ $I ~I I ~I I I I I ~ :. of ~I I I b------144°Z4'§2"~:1~4.~_-----°0•'u, I I wi _ l •,~~7 p~y~r ~a,~ N i ~T------~ ------ y ' ~ W L9 OL C- .OI ~ ~ m I I Iy I° ~ a I Ig °a a I Ig ~ O I I, V I w z ~ ~ I i~ ~ ¢L9~ I x of I ~L71~ I I I ~ 8 n G I zl I O ~ ~, ~ $I I I ~ ~ s ~I I I ~ > m m _ ~I I ~ S. EAGLE ROAD~Ce ~" eo C6 ~'~ ~ n ..•~~lo ~~ P N u fa I T Iz 0 yg~ ,tie ~' ;~o° .~ ~i ~ ~i ~ m r m ~ ~ r rn ~ cn r 'a ~ w ~ n~ ~ ~ r o ~ m ~ rn crii .s ~ r m o a' ,~'' v ~' ~ o ~n a' ~'' w ~' ~' v v v N.i Iv a' ~ m w $ a ~.° ~ g Y q ~ , N g r' H g ~ . ~' ' ~ ~ y m g > ~ W m 55nn c~ 77~~ A C11 $ N $ $ $ ~ $ $ d O W ~ ~ $ $ $ $ q Q e i ~ w ~ ,~ $ m ~ $ ~ ~ ~ $ ~ o m $ ~ o ~ $ ~ ~ $ ~ $ ~ $ t $ m $ ~ C ' ~ m ~ ~ ~ Z ~ m rt ~ N I y •c I I ao I I I m L12 ~ Q- - - I I O- N~°~~~r"~ 111.74- - - ~ ~ O ~ ~ ~ L14 -Q O ~ ~ --b~ S00°20'45"E - 111.56' m Z crn I z L16~ I`8, O ~ $ to '' V 1 ~U$ (m Icc ~ O ~ ~~SP]Ll-~~' Iv1A~ SH®V° ~b I W A'V1F1R 1F A ~~'1\~'10 ~, sr C/] n r trJ ~~° Ma LEGAL DESCRIPTION FOR SEWER EASEMENTS FOR GATEWAY NO. 2 A Easement located in the Northwest 1/4 of the Northwest 1/4 of Section 16, Township 3 North, Range 1 East, Boise, Meridian, Ada County, Idaho being further described as follows: BASIS OF BEARINGS: The West line of the Northwest 1/4 of Section 16, Township 3 North, Range 1 East, Boise Meridian, taken as North 00°20'34" West with the distance between monuments found to be 2653.01 feet. Beginning at a point from which the Northwest Section corner of Section 16, Township 3 North, Range 1 East Boise Meridian bears North 20°17'38" West a distance of 921.46 thence South 90°00'00 East a distance of 51.09 feet; thence South 00°01'40" West a distance of 259.50 feet; thence South 90°00'00 East a distance of 244.20 feet; thence South 77°03'41" East a distance of 142.19 feet; thence South 12°56'19" West a distance of 20.00 feet; thence North 77°03'41" West a distance of 139.92 feet; thence North 90°00'00 West a distance of 408.87 feet; thence North 00°00'00 West a distance of 113.00 feet; thence South 00°00'00 East a distance of 20.00 feet; thence South 00°00'00 West a distance of 93.00 feet; thence South 90°00'00 East a distance of 126.93 feet; thence North 00°01'40" East a distance of 239.50 feet; thence South 90°00'00 West a distance of 31.09 feet; thence North 00°01'40" East a distance of 20.00 feet to the POINT OF BEGINNING. Said Parcel containing 18,695 square feet or 0.43 acres, more or less and is subject to all existing easements and rights-of--ways of record or implied. END OF DESCRIPTION Kenneth H. Cook, P.L.S. 9895 Timberline Surveying 847 Park Centre Way, Suite 1 Nampa, Idaho 83651 (208) 465-5687 U:\TS-SUBS\Gardner Ahlquist Meridian Gateway\survey\legals\LEGAL DESCRIPTION FOR SEWER NO. 2.doc Pa~~~ U:\TS-SUBS\Gardner Ahlquist Meridian GatewayldwglEXHIBITIGATEWAY SUB N0.2 FINAL PLAT WATER AND SEWER EASEMENT.dwg V ~ _ _ _ ~ V n ~ BASIS OF BEARING ~ ~ A O 7 w m ~ I I ------V113.00' • ~ I I IG I I ~ I I I j~ O I I I I Ig ~ I Im I I' 1 N I IW N00°01'40"E ~ ~ I IW I N44 41'44."1` ~9~' I~ ~ ~ b-------- - -------- ~ I ~ I II ~I of 4----------~~°bfd~'VT~54?o'r----------d 81 I ~~ I a I ~I I VI ~ ~ I I I I ~ ~ I I C ~ I ~ I I ~ z I I~ ~ a I 10 ~ I 18 ~ I I^' I ~ I~ c I I' ~ $ i I I I I ~ ~ a A'~ "~! C Q o .'~ y ~ ~ a ~ ~ < Q~y- % / ~ ~' .~~ ~ ~ Z ~ ~ o I ~ "1 N00'20'34"W -2653.01' acs S. EAGLE ROAD Qo ~ A ~ .~ 0° na°i •' a n ~ ~ M ~p q Im T 0 ~°~ y° , •• ~' ONE C~11 A W ~ ~ Z m ~ ^c~ w > ,c~' ~ r m ~ m ~ g ~ 1 S m p~ N ~ p~ A V A yO fpp ~ pQOg ~ a 8 T ~ ~ T aa O T p O cZi i ~' t z ~, O ~1 n v /O ~ I L'~~ Meridian City Council February 19, 2008 Page 6 of 75 Q. Sanitary Sewer and Water Main Easement Aqreement for Gardner Ahlquist Gateway No. 2 by Gardner Ahlquist Development: R. Aqreement for Instructor Services with Sanitary Services, Co. for Community Education Instruction not to exceed $88.00: S. Declaration of Environmental Covenant City Hall Deed Restriction for New City Hall Site: T. Award Bid for Grant for Sr. Citizen Center Phase 2 ICDBG-04- III-01-SR for Acoustical Wall Panels by SLA, Inc. Drywall Construction for $5,952.00: U. Change Orders No. 1, 2 and 3 for the North Black Cat Trunk Sewer with Brown Construction for $4,978.00: V. Internship Agreement with St. Luke's Regional Medial Center for Paramedic Training: De Weerd: Okay. The next item is our Consent Agenda, Item No. 6. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: With the removal of 6-K, the rest of the agenda stays as is. On the agenda all the dollar values is noted, which I certainly appreciate. I move we approve the revised 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 with the removal of Item K. Is there any discussion? Hearing none, Madam City Clerk -- I'm going to have to get used to that -- please call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 7: Department Reports: