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~. .
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19496 Water facilities Easement
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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 ~
--------
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N I I I I~ M.
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I I EXISTING CITY OF MERIDIAN WATER MAIN I Z
~[, I ~ EASEMENT, INSTR. N0. 106042307 ~ ~ J I
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6 ~ OF ROS N0. i i I
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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: