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Water Main Easement with SLMMC for St Lukes Helipad ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 12/02103 09:25 AM DEPUTY Joanne Hooper RECORDED-REQUEST OF MERIDIAN CITY AMOUNT ,00 W A t'ERî\rÆIN EASEMENT-- . ~~ THIS INDENTURE, made this N- day oM ,20~between ~l JYì f1l ~ , , 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; 1111111111111111111111111111111111111 1133199989 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 othen;; 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 andreplacement 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 effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed Water Main Easement Page 1 EASMT WTR Page~~ 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. ~ ~rm¡1 'Secretary , ----,- ,-, - ' --- -, - STATE OF IDAHO) ) ss County of Ada ) On this ~ day of }J{f'/~ ,200~, before me, the undersigned, a Notary Public in and for said State, personally appeared . H ~ and , known or identified to me to be the . ~à Seeretflry, respectively, of the corporation that executed the within instrument, an 0 IEdged to me that such corporation executed the same. ......lIn"... ~~~OF, I have hereunto set my hand and affixed my official seal the day and year rt;~~V;A1f~¡' ( \ : *: --- * . \ \ .Þ[¡B\.\C ¡ NOTARY PUBLIC FO. RIDAHO A IIIIdß/J IIfl - \<P~4~(P 11.-.'.. ~ð~~ '",,-"! 1'8 1> ..4.' Residing at ~ -""....O..p \ Commission Expires: OJ 1ß.. 18' iJO()Ò m ~ ' GRANTEE: CITY OF MERIDIAN Water Main Easement Page 2 WTR EASMT Page a nf ~j STATE OF IDAHO, ) : ss. County of Ada) On this~day of Iì a 1I.un~ , 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. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~&~ NOTARY PUBLIC FOR IDAHO RESIDINGAT:'fl~ . J.! MY COMMISSION EXPIRES: 11- 0""""4' page~ Roylance & Associates P .A. 391 W. State Street, Suite E, Eagle, Idaho 83616 - Engineers. Surveyors. Landplanners Telephone (208) 939-2824 Fax (208) 939-2855 Exhibit A October 27, 2003 Project No. 2369 Legal Description St. Luke's Meridian Medical Center Water Main Easement 2,013 Square Feet A 20-fool Water Main Easement situated in the Northwest One Quarter of Section 16, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commencing at a found 5/8-inch steel pin monumenting the most Southeasterly Comer of Parcel 8 as depicted on a Parcel Boundary Adjustment Survey recorded as Record of Survey No. 5306 and filed as Instrument No. 101017141, records of Ada County. Thence following the easterly property line of said Parcel 8 North 00°00'42" West a distance of 63.37 feet to the POINT OF BEGINNING. Thence leaving said easterly property line North 90°00'00" West.a distance of 31.91 feetto a point; Thence North 45°00'00" West a distance of 43.01 feet to a point; Thence North 00°00'00" East a distance of 42.29 feet to a point; Thence North 90°00'00" East a distance of 20.00 feet to a point; Thence South 00°00'00" East a distance of 34.01 feet to a point; Thence South 45°00'00" East a distance of 26.45 feet to a point; Thence North 90°00'00" East a distance of 23.62 feet to a point on the easterly property line of said Parcel 8; Thence following said easlerly property line South 00°00'42" East a distance of 20.00 feet to the POINT OF BEGINNING. The above tract of land contains 2,013 square feet, more or less, subject to all existing easements and rights-of-way. Prepared By: ROYLANCE & ASSOCIATES P.A. 391 W. STATE STREET, SUITE E EAGLE, IDAHO 83616 208-939-2824 208-939-2855 (FAX) nf~ . , ~ ST. LUKE'S MERIDIAN MEDICAL CENTER SITUATED IN A PORTION OF THE NW1/4 OF SECTION 16, T3N, RtE, 8M, CITY OF MERIDIAN, ADA COUNTY, IDAHO "I I I I " I N90'00'OO'E I r-~~-l I 1 1 I ~L1~J~- --~ i gl~ I 151'" I 81";- I (111 í ZI I 1 I I I \ I 1 '. ,~~ k \ , ~~. I , ' "i'ð'o~~ I , " , , " I '10" ~ "-- ~0.:2°...Q°..! I '~h' 23.62' " ~~;,- ' g¡ I 'O.:"o~}¡,. , ~ ~ 1 , "-------W-o q~ , q~ I , ~ I "-- - ~O~O].O~ - í 31.91' /' I POINT OF BEGINNING/ : " I I zZ' 1 0> 15 15 I t: ~~ í "!~g I -------------------~J FOUND 5/8" STEEL PIN BEING THE MOST SOUTHEASTERLY CORNER OF PARCEL 8. RECORD OF SURVEY NO. 5306, INSTRUMENT~ NO. 101017141, RECORDS OF ADA COUNTY. ------- ----- EXHIBIT B CITY OF MERIDIAN WATER MAIN EASEMENT ¡J t 1 r 10 0 20 SCALE IN FEET VICNTY MAP NTS LEŒtÐ - - - - - - - - WATER LINE EASEMENT - - - - PROPERTY LINE 0 RECORD INFORMATION PER INSTRUMUNT NO. 101017141 ROYLANCE AND ASSOCIATES P A Engineers Surveyors Londplonners æ" 391 W State Street Suite E Eagle Idaho 83616 10/27/03 Phone (208) 939-2824 Fox (208) 939-2855 KSK pag Meridian City Council November 18. 2003 Page 2 of 58 De Weerd: Okay. Any other changes? Discussion? Okay. It's been moved and seconded to approve the adoption with the addition of an Item 14 per Idaho State Code 67-2345(1 )(b). All those in favor say aye. Okay. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 3. G. H. I. Consent Agenda: A. Approve minutes of November 5, 2003 City Council Regular Meeting: B. Beer I Liquor License Transfer from Whitewater Saloon to Muasv's Bar and Grill - 501 South Main Street: C. Approve I Award Bid for Waste Water Treatment Plant Headworks Expansion Project: D. Water Main Easement for Valley Life Community Church: E. Water Main Easement for 51. Lukes Helipad and Crew Quarters: F. Waste Water Treatment Plant DAFT Change Order No.3 - The Ewing Company: Waste Water Treatment Plant Facilities Assessment and Safety Manual Amendment No.1 - HDR Engineering, Inc.: Waste Water Treatment Plant Vulnerability Assessment Project Amendment No.1 - HDR Engineering, Inc.: License Agreement with Nampa Meridian Irrigation District to cross the Ten Mile, Eight Mile, Nine Mile Laterals, and Ridenbaugh Canal: De Weerd: Item 3, Consent Agenda. Bird: Madam President? De Weerd: Mr. Bird. Bird: I would move that we approve the Consent Agenda as published and for the Council President to sign and the Clerk attest on all proper papers. Nary: Second. De Weerd: Okay. It's been moved and seconded to approve the Consent Agenda, with the Mayor -- or Council President to sign and Clerk attest. Mr. Clerk, will you call roll? Meridian City Council November 18, 2003 Page 3 of 58 Roll-Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. MOTION CARRIED: ALL AYES. Item 4. Department Reports: De Weerd: Thank you. Item 4, Department Reports. Are there any Department Reports? Just thought I'd ask. Thank you. Item 5. (Items Moved from Consent Agenda) De Weerd: Okay. There were no items moved from the Consent Agenda. Item 6. Continued from November 12, 2003 Pre-Council Meeting: Discussion of Westborouah Subdivision Sewer Service Request: De Weerd: So, we will move to No.6, continued from November 12th, pre-Council meeting discussion of Westborough Subdivision sewer service request. And Bruce -- Brad -- Public Works. Watson: Madam President, Council Members, the one thing that I was directed to do last Tuesday night was prepare a vicinity map that showed the location of the proposed Westborough Subdivision -- well, actually, it's not proposed anymore, it's recorded. But, the proposal to provide city sewer to the five residential lots within that subdivision. This is that map up on the wall. Inside this bright yellow outline is Westborough Subdivision. In the upper right corner, the northeastern corner is the Valley Life Community Church, which the City has already agreed to provide water and sewer service to. The southern -- large southern parcel is Meridian School District property, which we have also agreed to provide water and sewer service to. Along the western boundary over here are the five residential lots and up in the northwest corner is a future commercial lot that is not part of the current proposal. We have not -- they have not requested and we have not agreed to provide water and sewer service to that parcel that lot at this time. Last week I discussed an upcoming application that you have not seen or heard, but is in our pipeline and it's this proposed Saguaro Canyon Subdivision. It's the one that I mentioned would ultimately bring sewer within an eighth of a mile of their property. This is Meridian Road here on the left. Locust Grove to the right. You can sort of make out Vienna Woods Subdivision down in this lower right corner. I can answer any questions on that map. I would point out that Mr. Jewett provided some -- three documents to me today. I made hard copies of those, gave those to the clerk and, hopefully, those have been passed out. One is a consent to annexation form. I have not had time to thoroughly digest it, but it appears to be something that a buyer of those lots would execute. It simply warns them that they are being provided sewer and -- water and sewer service and are subject to annexation. The second two forms are, evidently, real estate -- or realtor forms that I'm not familiar with at all. On my copy there are a couple of sections that highlighted. On the RE 22 form, a Purchase and Sales Agreement for Presold New Construction, Item 15, about a third of the way down the page is what they highlighted for me regarding annexation and city services. And then the next page, RE