Water Main Easement with TMI Investments, LLC for High Desert Marketplace (2)ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00
BOISE IQAN010116107 11,32 AM
1~;PUTY Bonnie Oberbillig (I I IIII IIIIIIIIIIIIIIIIIIIIIIIIIII III
RECORDED-REQUEST OF
Meridian City 1 E171419'~4
WATER MAIN EASEMENT
THIS INDENTURE, made this 19 day of September , 2007 between TMI Investments LLC,
Idaho, 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 wnnect 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 High-Desert-
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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.
STATE OF IDAHO )
ss
County of Ada )
On this ~ q Tyday of ~~~- , 20°? before me, the undersigned, a Notary Public in
and for said State, personally appeared Robert Thomas 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 WI;)y~T~S~ WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
~~~~ T~~, •~ ~~°~' ~ NOTARY PU C IDAHO
'~'~'•.~ ~LjC ••,•K •e•° Residing at ~ 1~
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Water Main Easement High-Desert-
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GRANTEE: CITY OF MERIDIAN
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Tammy de eerd, M ,~' ~:;~ 'w
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Attest by William G. Berg, City Clerk ~% ~' . ~t '`~ ~\
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Approved By City Council On:~ ~ ~'
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STATE OF IDAHO,
County of Ada
ss.
On this ~~~~' day of ~' (''{-~'~l~ 1 ~ , 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.
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(SEAL) . ~ ~ . NOTARY PUBLIC FOR IDAHO
Residing at: ~ 'l t ~ c ~ 6;, ~°. ~~ ) c~'
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Water Main Easement High-Desert-
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TEALEY'S LAND
SURVEYING
187 E. 50th Street • Garden City, Idaho 83714
(208) 385-0636
Fax (208) 385-0696
Project No. 3187 EXHIBIT "A"
Date: September 11, 2007
DESCRIPTION OF
MERIDIAN WATER LINE EASEMENT
FOR
HIGH DESERT MARKETPLACE
A 20.00 foot wide parcel of land being a portion of Lot 10 and Lot 11 of Block 3,
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, located in the SW '/4 of Section 17, T.3N.,
R.1 E., B.M., Meridian, Ada County, Idaho and more particularly described as follows:
BEGINNING at the Southeast corner of said Lot 10 having commonality with the
Northeast corner of said Lot 11, marked by an iron pin; thence along the East line of said Lot 11
.South 00°28'21" West 1.34 feet to a point; thence continuing along said East line of Lot
11
South 00°28'21" West 10.00 feet to a point; thence leaving said East line of Lot 11 at
right angles along a line parallel with the North line of said Lot 11
North 89°31'39" West 39.25 feet to a point; thence
South 45°28'21" West 30.91 feet to a point; thence along a line parallel with said North
line of Lot 11
North 89°31'39 "West 51.02 feet to a point; thence
North 44°31'39" West 37.05 feet to a point: thence. along a line parallel with said North
line of Lot 11
North 89°31'39" West 7.36 feet to a point; thence at right angles
North 00°28'21" East 7.00 feet to a point on said North line of Lot 11; thence continuing
North 00°28'21" East 20.22 feet to a point; thence at right angles along a line parallel
with the South line of said Lot 10
South 89°31'39" East 20.00 feet to a point; thence at right angles
South 00°28'21" West 11.58 feet to a point; thence
South 44°31'39" East 12.22 feet to a point on said South line of Lot 10
South 44°31'39" East 18.67 feet to a point; thence along a line parallel with said North
line of Lot 11
South 89°31'39" East 34.45 feet to a point; thence
North 45°28'21" East 18.67 feet to a point on said South line of Lot 10; thence continuing
North 45°28'21" East 12.25 feet to a point; thence along a line parallel with said South
line of Lot 10
South 89°31'39" East 47.54 feet to a point on said East line of Lot 10; thence along said
East line of Lot 10
South 00°28'21" West 8.66 feet to the TRUE POINT OF BEGINNING.
Said Parcel Contains 3,466 Square Feet, more or less.
3187-Water-Ease.doc
Page 1
,r.
EXHIBIT "B"
WATERLINE EASEMENT EXHIBIT
FOR
HIGH DESERT MARKETPLACE
BEING A POR110N OF LOT 10 AND LOT 11, BLOCK 3, OF DESTINATION PLACE SUBDIVISION
SITUATED IN THE SW 1/4, SECTION 17, T.3N., R.1 E., B.M.,
MERIDIAN, ADA COUNTY, IDAHO
The North Line of Lot II, Block 3
and The South Line of Lat 10 --
N 00°28'21" E
7.22' _II 12 N 89°31'39" W
1.50' 17 18
10 ~ ~ 13 14 16
N 89 ° 1'39" N 89°31'39" V
- F ~j \ - - i~~43.39'
~ F°~o ~ _ ~ °j ~ _
8 \ `''9,, N 89°31'39" W ~'~~~
~~ /v 42.73' ~~ ~~ 4
7 ~-------~~ ~
The East Line of Lot 10, Block 3 of
3 Destination Place Sub.
N
401
N
0
`~ POINT 0~ BEGINNING
I I The Northeast Corner of Lot II and the
~ Southeast Corner of Lot 10, Block 3 of
Destination Place Sub.
2
NI v
~1 The East Line of Lot II, Block
° 3 of Destination Place Sub.
0
0
Area in Legal Description = 3,466 sq. ft. more or less
LINE TABU
LINE BEARING LENGTH LINE BEARING LENGTH LINE BEARING LENGTH
I S00 °28'21"W 8.66' 7 N44 °31'39"W 37.05' 13 S44 °31'39"E 12.22'
2 S00 °28'22"W 1.34' 8 N89 °31'39"W 7.36' 14 S44 °31'39"E 18.67'
3 S00 °28'21"W 10.00' 9 N00 °28'21"E 7.00' 15 S89 °31'39"E 34.45'
4 N89°31'39"W 39.25' 10 N00°28'21"E 20.22' 16 N45°28'21"E 18.67'
5 S45 °28'21"W 30.91' II S89 °31'39"E 20.00' 17 N45 °28'21"E 12.25'
6 N89 °31'39"W 51.02' 12 S00 °28'21"W 11.58' 18 S89 °31'39"E 47.54'
LAt~
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0 20 0 80
SCALE IN FEET
I" = 40'
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Meridian City Council
October 2, 2007
Page 3 of 35
B. Approve Minutes of September 18, 2007 City Council Regular
Meeting:
C. Approve Findings of Fact and Conclusions of Law and Order
of Approval: PP 07-013 Request for Preliminary Plat approval for
11 building lots and 2 common lots on 26.35 acres in an I-L zone
for Kennedy Commercial Center by DBSI Meridian 184, LLC -
1250 West Overland Road:
E. Development Agreement: AZ 07-007 Request for Annexation
and Zoning of 1.56 acres from RUT to R-8 zone for Amar
Wapoot by LandPro Development, Inc. - 2400 West Wapoot Drive:
F. Sanitary Sewer and Water Main Easement Agreement for
Medina Subdivision by William Howell:
G. Water Main Easement Agreement No. 1 for High Desert
Marketplace by Thomas Motors, Inc.:
H. Water Main Easement Agreement No. 2 for High Desert
Marketplace by TMI Investments, LLC:
I. Water Main Easement Agreement for LDS Church (6575 South
Eagle Road):
J. Approve Agreement for Personnel Services with AspireOn:
K. Resolution No. 07-581 VAC 07-011 Request for a
Vacation of the 10 foot public utility easement platted on Lots 1 -
12 of the Queenland Acres Subdivision for Queenland Acres by
James Prather -Southeast Corner of South Stoddard Road and
West Overland Road:
L. Change Order No. 2 for the Water Division Building Proiect
(Construction - Joslin Millwork, Inc.) for $9,838.00:
De Weerd: Item 5 is the Consent Agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we -- on the Consent Agenda Item D will be moved to 7-D. Item M will be
move to 7-M on the regular agenda and the resolution number for Item K is 07-581.
k~
Meridian City Council
October 2, 2007
Page 4 of 35
With that I move we approve the Consent Agenda and for the Mayor to sign and the
Deputy Clerk to attest.
Rountree: Second.
De Weerd: Okay. I have a motion and a second to approve the Consent Agenda as
changed. Mrs. Smith, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Item 6: Department Reports:
A. IT Department
Update on IT Department 2006 Audit:
De Weerd: Thank you. Okay. Under 6 -- Item 6, Department Reports, we will start with
Terry with the IT Department.
Paternoster: Well, Madam Mayor, Members of the Council -- can you hear me okay?
All right. We will wait for the projector to get turned on and while that is happening, just
to give -- ask one question. In your packet you should have had an IT audit status
update, October 2007. Everybody have that? Okay. And just for Councilman
Zaremba's benefit, just to briefly go over what this is about, is that last year in 2006 we
hired a consulting company to come in and do an audit of the IT Department to just
figure out, you know, what processes are we doing good, what things could use
improvement, and, basically, come up with some recommendations for how we could
better serve the city and integrate the Information Technology Department with the city
and this is just an update following up on those recommendations and giving status as
to each item. So, if there is no questions I will get the presentation going.
De Weerd: Okay.
Paternoster: Just a little quip up there to kind of add a little light to things. It's better to
do the right thing wrong than the wrong things right. The righter we do the wrong things
the wronger we become. So, basically, I just followed the outline that was used last
year in the presentation, which lists each item of the recommendations. The black we
were to start or implement immediately. The orange we were to do within six months.
And the green were within 12 months, just to kind of give you a brief idea of what each
color means. And the first one is -- I'm going to go through the items that were
completed and that we have got out of the way. The first one is the IT manager needs
to delegate and be proactive and outward facing. We have completed that with the