Loading...
Water Facilities Meter Easement with Kimball Properties, LP for Grandview Market PlaceADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 ; BOISE IDAHO 04105/07 01:38. PM DEPUTY Lisa Irby RECOROED-REQUEST OF III IIIIII'I'I~IIIIIIIIII'~II'llll~ I City of Meridian 107046185 CITY OF MERIDIAN WAT.E~RAF'A~CILITIES (METER) EASEMENT THIS INDENTURE, made thi~~ day oP~ `~-~` 2~ between Kimball Properties Limited Partnership, 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; WITNESSETH: WHEREAS, the Grantors desire to provide a water easement right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines and surface facilities to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines and facilities 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 water facilities over and across the following described property: AN EASEMENT LOCATED IN PARCEL 6 OF RECORD OF SURVEY NO. 7551 AS RECORDED AT THE ADA COUNTY RECORDER'S OFFICE, SAID PARCEL LOCATED IN THE SE 1/4 OF SECTION 17, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT SOUTHEAST CORNER OF SECTION 17, T.3 N., R.1 E., B.M., THENCE N 56°25'37" W 760.04 FEET TO A POINT ON THE RIGHT OF WAY OF AN EXISTING CITY OF MERIDIAN WATER EASEMENT, INSTRUMENT NO. 106042307, THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE N 00°08'01" E 20.00 FEET TO A POINT; THENCE S 89°51'59" E 5.00 FEET TO A POINT; THENCE N 00°08'01" E 8.00 FEET TO A POINT; THENCE S 89°51'59" E 20.00 FEET TO A POINT; THENCE S 00°08'01" W 28.00 FEET TO A POINT; THENCE N 89°51'59" W 25.00 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; (SEE ATTACHED EXHIBIT A) 19496 Water facilities Easement Pa8~--1--~ The easement hereby granted is for the purpose of construction and operation of a water service and it's 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 performing 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 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 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. G OR: Winston Moor , P r STATE OF IDAHO ) ss County of Ada ) 19496 Water facilities Easement a ~ On this ~ day of ~Y V 4~A G~ , 20~, before me, the undersigned, a Notary Public in and for said State, personally appeared Winston Moore ,known or identified to me to be a partner, of the Limited Partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day ~~ ~~ ~~~ NOTARY PUBLIC FOR IDAHO Residing at:~,~ ac~1i~ Commission Expires: n 1 - l 3 ' Z.0 l~ Attest by William G. Approved By City Council On: `0.,~,~,~,~,ri,r,r:~,,. '~ `~~ , STATE OF IDAHO, ) . ss. County of Ada ) On this~day of ~'yi,~ ~ , 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) ~ ~ ~'T R~. . ,,~ • . ~ ~ • . ~ ~ • . ~ ~ • . ~ ~ • ., F ~ 19496 Water facilities Easement ,, NOTARY PUBLIC FOR IDAHO Residing at: _.J.~, ~ ~ ~~~~ ~J~=~~ Commission Expires: (G -(5 -( / Page~o~ 03/20/2007 04:48 FAX 2082880574 STANLEY CONSLTLTANTS f~ 002 DESCRIPTION FOR MERIDIAN WATER FACILITIES (METER) EASEMENT MARCH 19, 2007 AN EASEMENT LOCATED IN PARCEL 6 OF RECORD OF SURVEY NO. 7551 AS RECORDED AT THE ADA COUNTY RECORDER'S OFFICE, SAID PARCEL LOCATED IN THE SE 1/4 OF SECTION 17, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT SOUTHEAST CORNER OF SECTION 17, T.3 N., R.1 E., B.M_, THENCE N 56°25'37" W 760.04 FEET TO A POINT ON THE RIGHT OF WAY OF AN EXISTING CITY OF MERIDIAN WATER EASEMENT, INSTRUMENT NO. 106042307, THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE N 00°08'01" E 20.00 FEET TO A POINT; THENCE S 89°51'59" E 5.00 FEET TO A POINT; THENCE N 00°08'01" E 8.00 FEET TO A POINT; THENCE S 89°51'59" E 20.00 FEET TO A POINT; THENCE S 00°08'01" W 28.00 FEET TO A POINT; THENCE N 89°51'59" W 25.00 FEET TO THE REgL POINT OF BEGINNING OF THIS DESCRIPTION; a MICHAEL E_ MARKS, P.L.S. N0.4998 19496-WA's-~VIETER-EASE PaB~~ EXHIBIT "A" LINE TAB LE LINE LENGTH BEARING L-1 20.00 N 00'OB'01'E L-2 5.00 S 89'SI'S9'E L-3 8.00 N 00'08'Ol'E L-4 20.00 S 89'S1'S9'E L-5 28.00 S 00'OB'Ol'W L-6 25.00 N 89'S1'S9'W INTERSTATE-84 17 16 1 /4 CORNER ~ EASTBOUND OFF RAMP ~ -------- N I r - - - . _ _ _ - - _ _ - Z N I r__-___-___z----~ ~ NI N I I I I~ M. I I ~ °I ii ii I o I I EXISTING CITY OF MERIDIAN WATER MAIN I Z ~[, I ~ EASEMENT, INSTR. N0. 106042307 ~ ~ J I (h Z I~ I I ~ o I I~ ~ ~ ~ EXISTING I N~ s I, l i DORADO I ~ ~-._._~~...-~- ~ ~_- ,~4 -- i ~ SUBDIVISION I °a ~~~tt ~. I~ ~ J PARCEL 6 ~ I ~~ 6 ~ OF ROS N0. i i I ~:. ~ I I ~ 7551 ' ' caap V I I I ~ I I I I W l/ I i i ~ i I s, p I I r~~---' ILA I ,„ I --~~~ I ~ti I w --- I S6, ~-- -- ~ S~ g - -- ~ I i i I~ ~~ I o f I I i i ~ 62' o i ~ I I ~ I ~- - I I \ 17 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _~17 16 !~ ~ SECTION LINES 89'46'18"W 2656.73' 20121 20 OVERLAND ROAD 1/4 CORNER REVISIONS WATER FACILITIES (METER) EASEMENT IN PARCEL 6 OF ROS N0. 7551 Stanley Consultants ~~. AT EXISTING DORADO SUBDIVISION 1940 S. BONITO WAY IN SE 1 /4 SECTION 17, T.3 N., R.1 E.,B.M SUITE 140 MERIDIAN, IDAHO 83642 ADA COUNTY, IDAHO 2os-28a-o573 DRAWN: MEM DATE: 01 /08/07 SCALE: 1 "=150' ~ JOB N0. 19496 Meridian City Council March 27, 2007 Page 4 of 65 proposed R-8 zone for Normandv Subdivision by RMR Consulting, Inc. - 4145 South Locust Grove Road: Prepare K. Findings of Fact and Conclusions of Law and Order for Approval: VAR 07-001 Request for a Variance to the UDC standard of maximum allowable length of 750 feet for Normandv Subdivision by RMR Consulting, Inc. - 4145 South Locust Grove Road: L. Findings of Fact and Conclusions of Law and Order for Approval: PP 06-058 Request for Preliminary Plat approval of 277 residential lots, 1 commercial lot and 27 common lots on 142.97 acres in existing R-2, R-8, R-15 and C-N zones for Jayker Subdivision by Treehaven, LLC -north of Chinden Boulevard and west of Ten Mile Road: M. Resolution No.: 07-550 VAC 07-004 Request for Vacation of the water service line easement located on Lot 15, Block 1 of Bonito Subdivision No. 3 for Bonito Subdivision No. 3 by Toothman-Orton Engineering - 2971 E. Copper Point Drive: N. Approve License Agreement with Nampa Meridian Irrigation District for the pathway along the Creason Lateral in Crossfield Subdivision No. 3: O. Approve Amendment to Agreement with New Heritage Theatre Company P. Approve Budget Amendment for Mayors Office for FY 2007 for Volunteer Squared Web based Software: Q. Off-Site Sewer Easement for Incline Village Subdivision by Idaho Conference of Seventh Day Adventists, Inc.: R. Water Easement for Grandview Market Place No. 1 by Kimball Properties Limited Partnership: S. Approve Cooperative Agreement with Ada County Highway District for Roadway Construction /Water Facility Adjustments and Relocations for ACHD Project 806023.001, W. 1st Street, Washington Avenue to Cherry Lane: T. Development Agreement: AZ 05-057 Request for Annexation and Zoning of 17.25 acres from RUT and R1 to R-8, R-15 and C-G zones for Bienville Sauare Subdivision by Red Cliff Development, LLC - and RZ 05-019 Request for a Rezone of 10.05 acres from C-G to R-8, u Meridian City Council March 27, 2007 Page 5 of 65 R-15 and C-G zones for Bienville Square Subdivision by Red Cliff Development, LLC - 2935 North Eagle Road: U. Development Agreement: RZ 06-013 Request for a Rezone of .43 acres from an R-8 to an O-T zone for Valley Shepherd Church of the Nazarene Property by Paradigm Real Estate Holding - 39 W. Pine Avenue: V. Approve Sanitary Sewer Easement and Contract for Black Cat Sewer Phase 4 by Valley Shepherd Church of the Nazarene: W. Findings of Fact and Conclusions of Law and Order Granting Appeal by Designer Floors, Inc. on Meridian Water Building Project: X. Approve Budget Amendment for Parks Department for After School Pilot Program at Meridian Middle School: Y. Approve Change Order No. 4 for Ideal Demolition for New City Hall Project for Removal and Abatement of Contaminated Soils for aNot-To-Exceed amount of $249,000.00: De Weerd: Five. Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Consent Agenda, Item No. D, has been asked to be table to April 24th, 2007. Item No. M is resolution number 07-550. With that I move we approve the Consent Agenda as noted 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 Item 5. Is there any discussion? Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Department Reports: A. Mayor's Office: