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Water Main Easement with High Desert Harley Davidson for TMI Group, Inc.ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 I BOISE IDAHO 03/29/01 01:49 PM DEPUTY Neava Haney II I I I II II II'I ~I I I'I I II II I I II II I II I'II RECORDED-REQUEST OF 107~44~40 Meridian City WATER MAIN EASEMENT t ~i(~SC. l~ THIS INDENTURE, made this~~ day of~, 2(~~ between ~ ; t e parties of the first part, and hereinafter called the Grantors, and the City of Meri n, Ada County, Id o, the party of the second part, and hereinafter called the Grantee; 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 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 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 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 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. Water Main Easement EASMT WTR MA.[N t n P~~~ THE GRANTORS do 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 ofthe first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: ]/President Secretary STATE OF IDAHO ) ss County of Ada ) N~T,~ :~ n 'E : ,,? . ~ N i A(jB py' ~ ~1 ~ L. S U ' ~~ ~~ ~~V o~~ Op ID P~0•''~~. On this ~_ day of ~~°~J , 2067b~fore me, the undersigned, a Notary Public in and for said State, personally appeared ___DA rl/ a Tflo~ „E- ~ and known or identified to me to be the President and Secretary, respectively, of the corporation 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 above written. /v (SEAL) NOTARY PU> FOR IDAHO Residing at m ~~ r „ .~D Commission Expires: /Q• Z /-Z t? /~L Water Main Easement EASMT WTR MAIN -- ii ,,~~ PaBe.S~#~.J~ GRANTEE: CITY OF MERIDIAN `*, _. .,` Tammy de W er ,Mayor ~` U' `.'~~,~L}j~~`r~.a p~~,"~r~ ,~~~ r ~:~ - Attest by William G. Berg, Approved By City Council On: STATE OF IDAHO, . ss. County of Ada i On this ~~ ~~day of ~ ~{~~ ~~~~ , 20 ~ before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD 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. -~ ,~ / (SEAL) •• Q1~I.~ •'• NOTARY PUBLIC FOR IDAHO ~• ,,~,QTA.~p : Residing at: '~"~ZC' `j~~2 ~~~ ,~- • ' ~ • Commission Expires: IC'~/S=ll . ~ • • • ~ i • i `~~ ~ I • ~~~.~~ 1Y._ Water Main Easement EASMT WTR MAIN Pa~e~ TEALEY'S LAND SURVEYING Project No.: 3041 Date: December 7, 2006 187 E. 50~ Street, Garden City, Idaho 83714 (208)385-0636 Fax (208) 385-0696 EXHIBIT "A" DESCRIPTION OF MERIDIAN WATER MAIN EASEMENT FOR TMI GROUP, INC. EASEMENT # 1 A parcel of land being a portion of Lot 8 of Block 3 of Destination Place Subdivision as on file in Book 93 of Plats at Pages 11190 through 11192 in the Office of the Recorder for Ada County, Idaho, said parcel being situated in the SW 1/4 of Section 17, T.3N., R.1E., B.M., Meridian, Ada County, Idaho and more particularly described as follows: COMMENCING at the Southwest corner of said Lot 8; thence along the West line of said Lot 8 North 00°28'21" East 31.69 feet to a point; thence leaving said West line South 89°24'21" East 15.00 feet to a point on the East line of an Access and Utility Easement as shown on said Destination Place Subdivision which point is also the POINT OF BEGINNING; thence along said East line North 00°28'21" East 65.44 feet to a point; thence leaving said East line North 67°38'32" East 44.60 feet to a point; thence South 89°51'28" East 64.14 feet to a point; thence North 46°57'32" East 33.70 feet to a point; thence North 82°24'32" East 64.69 feet to a point; thence at right angles North 07°35'28" West 3.00 feet to a point; thence at right angles North 82°24'32" East 20.00 feet to a point; thence at right angles South 07°35'28" East 23.00 feet to a point; thence at right angles South 82°24'32" West 78.29 feet to a point; thence South 46°57'32" West 35.22 feet to a point; thence North 89°51'28" West 68.08 feet to a point; thence South 67°38'32" West 43.62 feet to a point on a line that is parallel with and 5.00 feet East of said East line of Access and Utility Easement; thence long said parallel line South 00°28'21" West 45.86 feet to a point on the North line of said Access and Utility Easement; thence along said North line North 89°24'21" West 5.00 feet to the POINT OF BEGINNING; Said Parcel Contains 4,861 Square Feet, more or less. Together with EASEMENT # 2 A parcel of land being a portion of Lot 8 of Block 3 of Destination Place Subdivision as on file in Book 93 of Plats at Pages 11190 through 11192 in the Office of the Recorder for Ada County, Idaho, said parcel being situated in the SW 1/4 of Section 17, T.3N., R.1 E., B.M., Meridian, Ada County, Idaho and more particularly described as follows: 3041-water-easement.doc - dnm Page_~._..ID~ TEALEY'S LAND SURVEYING Project No.: 3041 Exhibit "A" (cont.) 187 E. 50th Street, Garden City, Idaho 83714'(208) 385-0636 Page 2 of 2 COMMENCING at the Southwest corner of said Lot 8; thence along the South line of said Lot 8 South 89°31'41" East 87.03 feet to a point; thence leaving said South line at right angles North 00°28'19" East 15.00 feet to a point on the North line of an Access and Utility Easement as shown on said Destination Place Subdivision which point is also the POINT OF BEGINNING; thence leaving said North line North 00°28'19" East 7.50 feet to a point; thence at right angles South 89°31'41" East 15.00 feet to a point; thence at right angles South 00°28'19" West 7.50 feet to a point on said North line an Access and Utility Easement; thence along said North line North 89°31'41" West 15.00 feet to the POINT OF BEGINNING; Said Parcel Contains 112 Square Feet, more or less. 3041-water-easement.doc - dnm page,~.~of_ ~ . EXHIBIT "B" N. WATER LINE ~AS~M~NT EXHIBIT POR ~L TMI GROUP, INC. PORTIONS OE LOT 8 , BLOCK 3 , DESTINATION PLACE SUB ~~ SITUATED IN THE SW I/4 OP SECT. 17 T.3N., R.IE., B.M., 2310 E. CINEMA DRIVE MERIDIAN, ADA COUNTY, IDAHO ~ - - ~ _ ~-- ~ - - - - _ _ NE COR. LOT 8" _ T I ___-----~ - _ N 07°35'28" W N 82'24'32° ~ ~ NW COR. LOT 8 3.00' ~ 20.00' I I ~ N 82°~22„ E _-~__-- I I I __-".- 0~~~2 64.69 I ___ -- ~ p 78.29' ° S 89°51'28" E 64.14' ~~ ~~~ S 82°24'32 W 23.00' _ I 32~ ~ ~~ ~ S 07°35'28" E I ,g0~i c~• ° i '" `O A 68.08' ~~ ~ I m 2' N 89°51'28" W ~`~ w ~ qi 0 32~ W 5 N ~ 6~ °3~ EASEMENT #l N ~ s 4,86/ S.F. 3 °01 '_ Z I N s ~O N I 1 N °D N N 00°28'19° E o ~ POB EASE. #2 7.50' EASEMENT #2 I s 89°2x'21" E o 0o S 89°31'41" E ll2 $.F. ~ 15.00' Z ~ 15.00' °28'19" W I POB EASE I _ #2 ~ m S 00 --,N 89°24'21" W / 17150' ~% 5.00' N o0°28'19" E N 89°31'41" W IS.oo' ° 15.00' 87.03 S 89°31'41" E 236.92' EXIST. 10" WATER MAIN _.. __ 149.89' I SE COR. LOT 8-r i SW COR. LOT 8 ~- ~ 3 I l o I EXIST. ACCESS & UTILITY ' I I 1 I EASEMENT PER PLAT OF DESTINATION PLACE p,L LA~s o 20 4o eo SCALE IN FEET ~~/~/~~~ d Ll oF,[l~ S \~D N. MA% TEALEY'S LAND SURVEYING 187 E. 50TH STREET GARDEN CITY, IDAHO PaBe_...._..A~ Meridian City Council February 13, 2007 Page 6 of 47 Subdivision by Conger Management Group -south side of Chinden Boulevard and east of Black Cat Road: G. Addendum to Development Agreement: MI 06-010 Request for a Miscellaneous application to modify the existing Development Agreement to include the property located at 6745 North Black Cat Road for The Tree Farm by Treehaven, LLC - 6745 North Black Cat Road & MI 06-011 Request for a Miscellaneous application to amend the previously approved Development Agreement by including a provision to permit the installation of a double wide mobile office on the property at 4740 W. Chinden Boulevard for The Tree Farm Annexation by Treehaven, LLC -north side of Chinden Boulevard on both sides of Black Cat Road: H. Water Main Easement Agreement for High Desert Harley Davidson: I. Memorandum of Aareement and Assurances for the FY07 Certified Local Government Grant Documents: J. Approve Task Order No 3 for HDR Engineering, Inc for ISDE oversight and review at a Time and Material basis not to exceed $5,000.00: De Weerd: Okay. Item No. 7 is the Consent Agenda. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move we approve the Consent Agenda as published and for the Mayor to sign and the clerk to attest on all papers. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve the Consent Agenda. If there is no discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 8: Department Reports: De Weerd: Okay. There are no items in the department reports and I don't see anyone jumping up and down over there, so --