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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 IllllllllllllflllllllllllilZII III 11 _ C1 E. E,4_1'r 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, •�0 0TA����� NO ARV PUBIJO FOR ID ;(SEAL) Residing at: d(O, • Commission Expires: �q pUBLZG -�o: 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