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Water Main Easement with Sundance Investments, LLLP for Silverstone Corporate PlazaADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 BOISE iDAH010111108 09:36 AM DEPUTY Gail Garret( III I~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~ RECORDED-REQUEST 4E 108115~~~ Meridain Cii~ WATER MAIN EASEMENT THIS INDENTURE, made this ~ day of ~,, 20 ~~between Sundance Investments L.L.L.P., formerly known as Sundance Investments Limited Partnership, the-party of the first part, and hereinafter called the Grantor, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantor desires 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 Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of--way for an easement for the construction, operation, maintenance, repair, or 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 GRANTOR hereby covenants and agrees 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 GRANTOR hereby covenants and agrees 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 SilverstonePlaza-easmt-wtr-imain_ PaBe~-~ effect and shall be completely relinquished. THE GRANTOR does 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: SUNDANCE INVESTMENTS L.L.L.P. Christopher ~,. Anderson, President of the Sundance Company, the General Partner of Sundance Investments Limited Partnership STATE OF IDAHO ) ss County of Ada ) On this ~ ~ day of , 20~, before me, the undersigned, a Notary Public in and for said State, personally appeared Christopher L. Anderson ,known or identified to me to be the President of the Sundance Company, the General Partner of Sundance Investments L.L.L.P., and acknowledged to me that such limited partnership executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ~ ~~ (SEAL) NOTARY PU IC FOR ID HO Residing at ~ Q~~ ~~ (~~ ~ A• E Commission Expires: ~ ~. ~ 12 Q ~~~~ ~ra~' ~oT,~r ~ ~... pv~+.~~ ~f ~° ~' •~r~~OF tO~;. Water Main Easement SilverstonePlaza-easmt-wtr-main GRANTEE: CITY OF MERIDIAN Tammy de Weerd, ayor `~•~`~'~ T /qy;~'% i ,~° ~o ' ~ AL - Attest b ycee Holman, City Clerk ~(~ Q(~~~ Approved By City Council On: STATE OF IDAHO, ) . ss. County of Ada ) On this ~ ll+~ day of 1'1 1~- , 20 - ,before me, the undersigned, a Notary Public in and for said State, personall 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. ,~ `S~'~ M:G' (SEAL) s ;'~~' ~ O ~`~~'~,~; TARY PU LI FOR IDAHO ~"~ lx; Residing at: ~~ ~; : Commission Expires:~1 • `~ i ~~ ,- Water Main Easement SilverstonePlaza-easmt-wtr-main Pa~~;..~.G-A TEALEY'S LAND SURVEYING Project No.: 3105 Date: August 29, 2008 187 E. 50~h Street, Garden City, Idaho 83714 (208) 385-~36 Fax (208) 385-0696 EXHIBIT "A" DESCRIPTION OF MERIDIAN WATER MAIN EASEMENT FOR SUNDANCE COMPANY (SILVERSTONE CORPORATE PLAZA) A parcel of land being a portion of Lot 11 of Block 1 of Silverstone Subdivision as on file in Book 83 at Pages 9242 through 9246 in the Office of the Recorder for Ada Coun#y, Idaho, said parcel being situated in the NW 1/4 of Section 21, T.3N., R.1E., B.M., Meridian, Ada County, Idaho and more particularly described as follows: COMMENCING at the Northwest corner of said Section 21 marked by a brass cap; thence along the North line of said Section 21 South 89°13'50" East 764.77 feet to a point on the extended East line of said tot 11; thence .leaving said North line along the extended East line and the East line of said Lot 11 South 00°14'50" West 125.00 feet to a point on said East line of Lot 11 which point is the POINT OF BEGINNING; thence continuing along said East line South 00°14'50" West 20.00 feet to a point; thence leaving said East line at right angles North 89°45'10" West 6.00 feet to a point; thence at right angles South 00°14'50" West 103.00 feet to a point; thence at right angles North 89°45'10" West 20.00 feet to a point; thence at right angles North 00°14'50" East 37.00 feet to a point; thence at right angles North 89°45'10" West 42.00 feet to a point; thence at right angles North 00°14'50" East 25.00 feet to a point; thence at right angles South 89°45'10" East 42.00 feet to a point; thence at right angles North 00°14'50" East 61.00 feet to a point; thence at right angles South 89°45'10" East 26.00 feet to the POINT OF BEGINNING. Said Parcel Contains 3,630 Square Feet, more or less. 3105-water-easement.doc - dnm 17 i l6 20' 21 N OVERLAND ROAD S 89 ° f3'S0" E 764.77' 0 15 30 60 SCALE IN FEET I" = 30' t~ ~. . P o ._ s' ,e. '.° .. •'.~.. .° • •• ~.. .. ~ :; .'° ~ ~4 ~~ O ~~~~~ ~oQO~~Q ~P Q GO 0 0 N 3 0 ~r 0 0 S 89°45'10" E ~ 26.00' i ~ Q>r.w.wwa.w.ni ..................... r.:•.•:::::•.:•::.•:.•::: . r::.:•:::::.:•::.:•.•::: . o ^.;": ~ a :: :.•. .:•::pp:.•. Wit- c :::::.::::::.• ~ o ~•::•::•::• •::•:•:•::: o ~•:.•:.•.•: •::.•:.•:. ~ :.•:.~.:m::.~.~:: o P ~. :'::.'.'. .•.': .'::. p :S 89°45'10" E 42.00' ^::::::...•::::. ~~ p - ^::: 3 ~ o ~ .. o Ln' ^ '. ~'3'i'::: :.' ': .. N 1 O Nti.....i.::: ~1 p .... :'.'...:.:.'::..'..'.'.':..'..' ...::.::::...::.'..'.'.'::.'. - 42.00' ^::•::•::•>:•::•::•:. ~ w ^:::::.~.:.... ~ ~:::::.• .~::•:•:: 1 ~ ~ ^" ~ '::: ^ o ~ p m f. ... : ~ :•::::~ ^ O ~.•..... ....... ~ ~ Z ^:::::.• :: •:. •. ^ ^ w ^ ^ r d N 89 °45' 10" W 20.00' `° ~~ ~ ~ ~ .. ' I 3105-drn.dwg 08-29-08 15:57:03 dmarks EXHIBIT "B" WATERLINE EASEMENT EXHIBIT FOR SIVERSTONE CORPORATE PLAZA A PART OF PARCEL "F" AS SHOWN ON R.O.S. #5916, ALSO BEING iN LOT II, BLOCK I, SILVERSTONE SUBDIVISION LOCATED iN THE NW I/4 OF SECTION 21, T.3N., R.IE., B.M., MERIDIAN, ADA COUNTY, IDAHO QEVELOPER/OWNER SUNDANCEINVESTMENTS,LLP 9100 BLACKEAGLE DRIVE BOISE, ID 83709 II IPOINT OP BEGINNING I S 00 ° 14'50" W 20.00' Area in Easement = 3,630 sq.ft., more or less. .` ~ ~\ \ ~, LIC {(,i til .C-, `~ ~ `,,. .`,`, ;L 89°45'10" W 6.00' City of Meridian, Public Works Engineering InferOffice Memo ~ To: Tara Green ;; ,~ti~ ~_i~ .~l:=p°~c~iar: From: Karie Glenn " CC: Date: 10/17/2008 Re: Original /Recorded Docs for Vault 108115080 10/17/2008 WATER Sundance Silverstone Investments Corporate Plaza easement From the desk of... Karie A Glenn Business Operations Manager Public Works: Engineering Division 660 E Watertower Ste 200 Meridian, Idaho 83642-2600 (208) 898-5500 Fax: (208) 898-9551 • Page 1 Meridian City Council Special Meeting Workshop September 16, 2008 Page 2 of 96 Bird: Second. Rountree: It's been moved and seconded. All those in favor? Unanimous. All ayes. MOTION CARRIED: AYES. Item 3: CONSENT AGENDA A. Professional. Services Agreement with Filip Vogelpohl for City Hall Public Art Proposal B. Silverstone Corporate Plaza Water Main Easement C. Contract with Berry Electric for Streetlight Maintenance D. Award of Bid and Authorization to Enter into Contract with (name) for Old Town Streetscape Reconstruction E. Environmental Assessment for CDBG Project Site F. Ratification of MOU Regarding Sanitary Sewer Lift Station at Whitestone Subdivision Rountree: Next item on the agenda is the Consent Agenda. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: I move we adopt the Consent Agenda as published. Hoaglun: Second. Bird: Second. Rountree: Moved and seconded to adopt the Consent Agenda. All those in favor? Unanimous. All ayes. MOTION CARRIED: ALL AYES.