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Sanitary Sewer Easement with Kimball Properties Limited Partnerships and Idaho Banking Company for Bonito Subdivision ADA COUNTY RECORDER J. OAVID NAVARRO BOISE IDAHO 11/17/03 09:52 AM OEPUTY Bonnie Oberbillig RECORDED-REQUEST OF Meridian City AMOUNT .00 SANITARY SEWER EASEMENT 1111111111111111111111111111111111111 103193116 THIS INDENTURE, made thisY" day ofCbf-. , 2003, between Kimball Properties Limited Partnership, an Idaho limited partnership, and Idaho Banking Company, an Idaho corporation, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party ofthe second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service 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 operation and maintenance of a sewer line 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 sanitary sewer line 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 perfonning 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 described far 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 ofthe 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 Sewer Main Easement easement.dac !BC Meridian sewer p~ 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 ofland, 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 ofthe first part have hereunto subscribed their signatures the day and year first herein above written. GRANTORS: By Its <:.\~Ù GRANTEE: CITY OF MERIDIAN Sewer Main Easement easementdoc mc Meridian sewer pagerl p~ STATE OF IDAHO) ) ss County of Ada) On this 2~ day of Cbto ber- , 2003, before me, the undersigned, a Notary Public in and for said State, personally appeared Winston H. Moore, known or identified to me to be a partner of Kimball Properties Limited Partnership, a partnership, and he duly acknowledged to me that he executed the within instrument on beha~øtiMl!ò'li\iWll.ership and that said partnership executed the same. ~., ~ J>,.. EO(/ "'" ;I.~~ """"" "'P.-~ Io;;~.. '~~'\ (SE~~¡ ~OT,jliJ- ""i : : -.- ::» : \ ",\, ÞUBL\C i j \:;'" ..'0$ -~ <1 ;."...", ~ ,~ "'" ,? Of \~~...., STATE OF IDAHÓ"j"""""'" ) ss County of Ada ) On this2a-f81 day of Cbrobe.r-- ,2003 before me, the undersigned, a Notary Public in and for said State, personally appeared M,i Ut.W ~ lo~ /15+0" , known or identified to me to be the Cf;.6 ofIdaho Banking Company, and he duly acknowledged to me that he executed the within instrun¡.;nIBn.þ'~~:lf of said corporation and that said corporation executed the same. ""G~ J>,., BO.."', <I"~~~""""'~p;" 'ç..n~'A- ' (SE#l ~OT,jliJ- \~\ UVUCL . :: : -,- ¡:»:: TARYPUBLICFO A i 'ÞUBL\C; i Residing at: '\ <l}, "'" ".,~ l Commission Expires: --. <11> ",..." ~ " "" 'IJ Of \~" ,.., STATE OF IDAi'f(,:"."",.." ) ss. ) County of Ada 6Z=~g~ Residing at: Commission Expires: -q -20~ - 2Oõb On this~day of /fov twL-bv¡ ,2003, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE 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. (SEAL) ..."'. ..ON SA~. ~. ------~'!T/.. .. "O'1'A.{>;:,~. :~/~ '. ~ : { ì ; . , , . . , . . . . , . ... )~-~\ç.-~... . . <i7}¡ 0l'1P. .. -......, Sewer Main Easement easement.doc (~fíJlrnSvvv..+k NOTARY PUBLIC FOR IDAHO Residingat: AdlÁ C~:,.,~lWJ COITIlTIlsslOn Expires: - !BC Meridian sewer P~6.:. ,. SANIT AR Y SEWER EASEMENT AND WATER MAIN EASEMENT A sanitary sewer and water main easement located in the East Yo of Section 20, Township 3 North, Range I East, Boise Meridian, Ada County, Said easement crosses portions of Lot I and Lot 2, Block 4 of the Bonito Subdivision, recorded as instrument number 103142839 in the office of the Ada County Recorder on August 22, 2003, in Book 86 of Plats at pages 9783 through 9788, Said easement is more particularly described as follows: Commencing at the northwest comer of said Lot 2 thence, along the northern boundary of Lot 2 South 73°24'00" East 77,08 feet to the POINT OF BEGINNING; thence, South 16°32'37" West 55.37 feet; thence, South 73°27'23" East 87.44 feet; thence, South 16°32'37" West 5,00 feet; thence, South 73°27'23" East 10.00 feet; thence, North 16°32'37" East 5,00 feet; thence, South 73°27'23" East 19,70 feet; thence, North 16°32'37" East 20,00 feet; thence, North 73°27'23" West 82,07 feet; thence, North 17°17'37" East 35.34' feet to a point on the northern boundary of said Lot 2; thence, along said northern boundary North 73°24'00" West 3553 feet to the POINT OF BEGINNING. Said parcel contains approximately 3,641 feet, more or less, and is subject to all existing easements of record or use. EXHIBIT A pag&t5... 'SANITARY SEWER AND WATER MAIN EASEMENT AFFECTING BONITO SUBDIVISION, LOTS 1 & 2, BLOCK 4 ~ '~"~ss,.. E:ASì 7: '~ON LOT 1 ;¿~~y.'ti:Ji';[;:A..,.... '. -rt S~~:.;~~:," '. I I?? oo"E:~~.~ I ¿ , 08 ".:", .. I ---- LOT 6 ~l .~;" PlI, '? ~!:? q ~~'" '- ....-" /1;;;:"""""""LOTI . ~ ~;>~<. """'. ~ ....... -'., 8 W """"" -..S?), , --- ". <'0;>'....... "". .....:¿?<.)" "'"'. .,,1 ....... 8" ~ ê "'" ..., BLOCK 4 ".44'-"-.. "1/ !r¡1 BONITO SUBDIVISION ~'.);;"'~I ¿ f --J ;....,j I LOT 2 LINE TABLE LINE LENGTH BEARING L1 5.00 S16'32'37"W L2 10,00 . S73"27'23"E L3 5.00 N16'32'37"E L4 19.70 S73"27'23"E L5 20,00 N16'32'37"E L7 35,53 N73'24'OO"W GRAPHIC SCALE 0 15' 30' ~ LEGEND SANITARY SEWER DOMESTIC WA TER RIGHT-OF-WAY PROPERTY. BOUNDARY -- - - - -EASEMENT BOUNDARY 1 INCH = 30' EXHIBIT B Meridian City Couneii November 5, 2003 Page 4 of 76 J. L. M. N, F, Non-Development Agreement: AZ 02-028 Cedar SprinQS North Subdivision for Lot 18 Block 13: G. Water Main Easement for Idaho BankinQ Companv: H. Sewer Main Easement for Idaho BankinQ Company: I. Streetlight Agreement for Cobblefield CrossinQ No.1: Streetlight Agreement for Baldwin Park No, 3: Lease for Fire Safe House between the Meridian Fire Department and the Meridian Rural Fire Protection District and Joint School District No.2: Public Pedestrian Easement along Ridenbaugh Canal for § Dorado Business Campus: Approve Bills: De Weerd: Item Number 3 is the Consenl Agenda, Bird: Madam President? De Weerd: Mr, Bird, Bird: I would move that we approve lhe Consent Agenda with one exception. Item Number K needs to be moved t05-K on the Regular Agenda, because there are some questions we have got to -- need answered on that. I believe our Parks Department is - - I thought -- yes. She's here, so -- we move that to 5-K and that the Council President sign and the Clerk attest to all proper papers, De Weerd: Okay, Do I have a second? Nary: Second, De Weerd: Okay, It's been moved and seconded to approve the Consent Agenda, with the exception of moving Item 3C to five -- or 5-K -- or 3-K to 5-K. Bird: 5-K. De Weerd: And ask the Council President to sign and Clerk altest. Mr. Clerk, will you call roll. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye, Meridian City Council November 5,2003 Page 5 of 76 MOTION CARRIED: ALL AYES Item 4. Department Reports A. Meridian Police Department: 1, Discussion of Officer Ballistic Vests: De Weerd: Okay, Four. Departmenl reports, We start with the Meridian Police Department. Chief Musser, Musser: Madam President, Members of the Council, I know there has been some questions as to what the status of the Meridian Police Department is in regards to the ballistic vests that have been in the news as of late. Part of the reason I'm here this evening is jusl to go ahead and update you on that. The Department's really in pretty good shape in regards to that. We only have four of our officers thai are affected by the Second Chance Ultimate Vests that are in question right now. One of the things I wanted to let you be aware of is that will probably be a replacement issue for the department in this budget, looking at the approximately to 2,520 dollars to do ,that replacement, so we can immediately get them out of service, I believe we can probably do it within our current budget. However, if we do go long in uniform and equipment, that would probably be the main reason why and I just wanted you to be aware of that and I'll stand for any questions if any of the members have any questions on the issue. De Weerd: Council, any queslions? Bird: I have none, Thank you, De Weerd: No. Thank you, Chief, Musser: Thank you. B, Anna Powell - Report De Weerd: Okay. Anna, we'll move on to Item B. Powell: Madam President, Members of the Council, I'm sorry to barge my way onto the department reports, again, and not make the agenda, Yet, again, I met with Ada County staff and was kind of thrown a curve ball regarding the adoption of our Comprehensive Plan, so I wanted to give you an update. We -- last week we discussed lhe issues of the definilion of rural area and the adoption of the -- or withholding Building Permits until they are able to take care of lhe park plan fees and I think we got those issues resolved. They have raised a new issue in the term rural area residential development. They want more guidance from the City Council on exactly what that term might mean and, specifically, I think we have narrowed it down 10 -- I'm pretty