Water and Recycled Water Main Easement with Franklin Centre, LLC for Parcel 21 #2ADA COUNTY RECORDER Christopher D
BOISE IDAHO 06113113 04:38 PM
DEPUTY Vicky Bailey
RECORDED — REQUEST OF IIS
Meridian City
Rich AMOUNT .00
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WATER & RECYCLED WATER MAIN EASEMENT
PARCEL 21— EASEMENT NO.2 - FRANKLIN CENTRE LLC
THIS INDENTURE, made this ( I day of -A , r„ , 2013 between
Franklin Centre, LLC, 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 underground pipelines to be
constructed by others; and
WHEREAS, it will be necessary to maintain, service and subsequently connect to said
pipelines 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 operation and maintenance of
water mains 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 water lines
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 lines, 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.
Water & Recycled Water Main Easement Pagel of 3
Parcel 21 — Easement No. 2 — Franklin Centre, LLC
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 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 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:
a
ntre, LLC
ees
Manager
STATE OF IDAHO )
ss
County of Ada )
On this day of (ni krl- , 2013, before me, the undersigned, a Notary
Public in and for said State, personally appeared Larry Van Hees known or identified to me to be a
Manager of the Limited Liability Company 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 a
61c�.Q.��
NOTARY PUBLIC FOR IDAHO
Residing at: R.Nmnujo�
Commission Expires: WA��T_��{
Water & Recycled Water Main Easement Page 2 of 3
Parcel 21 — Easement No. 2 — Franklin Centre, LLC
GRANTEE: CITY OF MERIDIAN
Tammy de erd, Mayor
�,ZLD AUGUST
Gc4 ,1�
ity of
ttest b&ycee L. Holman, City Clerk EI11 PIAN;
IDAD A,H_O,./
Approved By City Council On: SEW Jit
IAe TRERq�A
STATE OF IDAHO )
ss
County of Ada )
O/.
On this day of -, \ u vt2 , 2013, before me, the undersigned, a
Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE L.
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.
000940,
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NO ARV PUBIJO FOR ID
;(SEAL) Residing at: d(O,
• Commission Expires:
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Water & Recycled Water Main Easement Page 3 of 3
Parcel 21 — Easement No. 2 — Franklin Centre, LLC
EXHIBIT A
UTILITY EASEMENT DESCRIPTION
FOR THE
CITY OF MERIDIAN, IDAHO
PARCEL 21— FRANKLIN CENTRE, LLC
EASEMENT NO.2
An easement for utility purposes located in the NE 1/4 of Section 14, Township 3 North, Range 1
West, Boise Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at a brass cap monument marking the northeasterly corner of said NE %4 from
which a 5/8 inch diameter iron pin marking the northwesterly coiner of said NE 1/4 bears
N 89°13'22" W a distance of 2657.89 feet;
Thence N 89°13'22" W along the northerly boundary of said NE 1/4a distance of 724.13 feet to a
point;
Thence leaving said northerly boundary S 0°46'38" W a distance of 46.92 feet to the POINT OF
BEGINNING;
Thence continuing S 0°46'38" W a distance of 48.58 feet to a point;
Thence N 89°13'22" W a distance of 44.00 feet to a point;
Thence N 0°46'38" E a distance of 47.60 feet to a point;
Thence N 89'30'15" E a distance of 44.01 feet to the POINT OF BEGINNING.
This parcel contains 2,116 square feet (0.049cres) and is subject to any other easements existing
or in use.
Prepared by: Glenn K. Bennett, PLS
Civil Survey Consultants, Incorporated
June 4, 2013
f% 2
.. .. • -- . ..-v I. VVIVL- IV] LI%IUIr\IV
Meridian City Council Workshop
June 11, 2013
Page 3 of 52
ordinance that will memorialize June 9th on its anniversary as Gene Kleiner Day.
So, on his behalf thank you.
De Weerd: Hey, Steve, do you want to turn the podium. I guess since you will
be standing in front of it yourself anyway. But thank you. And it was a great
event that was provided in the Senior Center to -- to honor Gene and to give him
an update. So, your staff, the presentation you put together to really show what
has transpired over this last year, was phenomenal. So, thank you.
Siddoway: Thank you.
Item 5: Consent Agenda
A. Approve Minutes of May 22, 2013 City Council
PreCouncii Meeting
B. Approve Minutes of May 22, 2013 City
Council Special Meeting
C. Approve Minutes of May 28, 2013 City
Council Regular Meeting
D. Approve Minutes of June 4, 2013 City Council
PreCouncii Meeting
E. Recreational Pathway Easement Agreement #1 with
Regency at River Valley
F. Recreational Pathway Easement Agreement #2 with
Regency at River Valley
G. Approve Easements with Franklin Centre, LLC for
Recycled Water and Water Mains as Part of the Ada
County Highway District (ACHO) Franklin Ten Mile to
Linder Project
H. Approval of Task Order 10329 with Murray, Smith &
Associates for nNW 8th Street Sewer Trunk Main -
Broadway Ave to Cherry Phase 2" for the Not-toExceed
Amount of $80,500.00
1. Award of an 18 Month Construction Trailer Lease to
Pacific Mobile Structures for the Not -To -Exceed Amount
of $5,115.00
Meridian City Council Workshop
June 11, 2013
Page 4 of 52
J. CableONE Movie Night in Meridian 2013 Single -Night
Sponsorship Agreement Between All CAD Northwest
and tha City of Meridian for a Notto-Exceed Amount of
$350.00
K. Revised Findings of Fact, Conclusions of Law for
Approval: RZ 13.002 Red Wing Subdivision by WH
Moore Company Located Southeast Corner of S.
Meridian Road (SH 69) and E. Victo/)' Road Request:
Rezone of 32.87 Acres of Land from the CoN and TN -C
Zoning Districts to the R-4 (16.55 Acres) and R-15 (16.32
Acres) Zoning Districts
L. Final Oreter for Approval: TEC 13-003 Bellingham Park
Subdivision by Conger Management Group Located
Approximately 1/4 Mile East of S. Locust Grove Road
and Approximately 1/4 Mile North of E. Amity Road
Request: Two (2) Year Time Extension on the
Preliminary Plat for Bellingham Park Subdivision in
Order to Obtain the City Engineer's Signature on a Final
Plat
M. Final Order for Approval: FP 13-022 Accolade
Subdivision by Idaho Survey Group Located South of E.
Overland Road and West of S. Bonito Way, Between E.
Blue Horizon Drive and the Ridenbaugh Canal Request:
Final Plat Consisting of One (1) Multi -Family Residential
Building Lot and One (1) Common Lot on Approximately
11.23 Acres of Land In an R-40 Zoning District
N. Final Order for Approval: FP 13-023 Irvine by Northside
Management Located Southeast Comer of W. Chinden
Boulevard and N. Ten Mile Road Request: Final Plat
Consisting of 40 Single -Family Residential Building Lots
on Approximately 8.84Acres of Land in an R-8 Zoning
District
O. Meridian Teen Movie Night 2013 Single -Night
Sponsorship Agreement with Calvary Chapel
De Weerd: Item No. 5 is our Consent Agenda.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Meridian City Council Workshop
June 11, 2013
Page 5 of 52
Hoaglun: One of the items, 5-0, was -- one of the reasons why this was added
to the amended meeting agenda, that was added after their first one went out,
just Meridian Teen Movie Night sponsorship that got completed and we wanted
to get that on the agenda, but -- so, Madam Mayor, I move approval of the
Consent Agenda and the Mayor to sign and Clerk to attest.
Rountree: Second.
De Weerd: I have a motion and a second to approve the Consent Agenda.
Madam Clerk, roll call.
Roll Call: Bird, yea; Rountree, yea; Zaremba, absent; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 6: Items Moved From Consent Agenda
De Weerd: Item 6. There were no items moved from the Consent Agenda.
Item 7: Department Reports
A. Parks and Recreation: Strategic Plan Update
De Weerd: So, we will move to 7-A. Oh, before we do that. Council, you might
notice that there is another body up here and so I will ask Mr. Nary to, please,
introduce Spencer.
Nary: Thank you, Madam Mayor, Members of the Council. Sitting next to me is
Spencer Lacey. Spencer is a legal intern with the Idaho Municipal Attorney's
Association for this summer. He's working out of our office. He's assisting us
with legal issues, as well as other attorneys and municipal attorneys around the
state with any legal issues they may have in their communities. He attends not
the University of Idaho, I think it's called Concordia College or something like
that. Concordia University. Somewhere east of here. But, anyway, we are really
glad to have Spencer aboard. He's been a great addition to our team for just
even the short time he's been here so far and thank you for allowing him to sit up
here and see how we -- how we work from here.
De Weerd: Thank you. And welcome, Spencer. I will apologize in advance in
who you get to work with, but -- okay. Item 7-A is our strategic plan update with
our Parks and Recreation Department. Thank you, Steve.
Siddoway: Thank you, Madam Mayor, Members of the Council. Well, June is
the month that Parks and Recreation gets to provide to you our strategic update.
As you know, part of this update is to report on projects that we have been