Water Main Easement with Corporation of the Presiding Bishop of the Church of Jesus Christ of Later Day Saints for Water Line Eagle RoadADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00
BOISE IDAH010116107 11:32 AM
DEPUTY Bonnie Oberbillig II I I' II II III ~ II I II) II I) I II IIII III III
RECORDED-REQUEST OF 1 ~~ 141 ~'~ r
Meridian City
ViAUiI~R ]VJSi N IE+AS]E11~IINI'
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THIS INDENTURE, made this ~ day of ~ ' , 20~between , 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; comoratton of the 9-st+op otthe Chun:h d
Jesus Christ of Leiter-daft Saints, a Utah Corporation salt
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 Grantce, 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, Grantce 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
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.
~~~`~~~ ~~R~S ~~~
bl ~~ '~ ePORAT• ~,~ •
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Corporation of the Presiding Bishop of the
Church of Jesus Christ of Latter-day Saints,
a Utah ~srporatio~ le
IBt s: Autho ed Agen
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STATE OF UTAH )
:ss
COUNTY OF SALT LAKE )
On this 14th day of September, 2007, personally appeared before me Terry F. Rudd,
personally known to me to be an Authorized Agent of Corporation of the Presiding Bishop of the
Church of Jesus Christ of Latter-day Saints, a Utah corporation sole, who acknowledged before
me that he signed the foregoing instrument as Authorized Agent for the Corporation of the
Presiding Bishop of the Church of Jesus Christ of Latter-day Saints, a Utah corporation sole, and
that the seal impressed on the within instrument is the seal of said Corporation; and that said
instrument is the free and voluntary act of said Corporation, for the uses and purposes therein
mentioned, and on oath stated that he was authorized to execute said instrument on behalf of said
Corporation and that said Corporation executed the same.
WITNESS my hand and official seal.
FLORA D. WRIGHT ~~~ ~ l~ 31r-
~'~ NOTARY PUBLIC - STATE OF UTAH NOt PUb11C
~oZ ~.,° 50 E. NORtH TEMPLE STREET ~'
SALT LAIC cm UT eat 50 Residing at: Salt Lake City, Utah
M Comm. Ex .10/10/2009
My commission expires: Oct 10, 2009
GRANTEE: CITY OF MERIDIAN . ,, ~ ~ _ • ~ r ~ ,
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Tammy de Weerd, Mayor L '
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Attest by William G. Berg, tty Clerk ~~~~~`~~~`°~'~~ ~ t~~ ~ ~"~
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Approved By City Council On: ~~~~ ~_, t~~;%t ~.~```~
STATE OF IDAHO,
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County of Ada )
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On this ~ day of V;~~; ~~'~( , 20th, 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) : 5~ DO.9 ~~'. f~ ~ 1C1,1 r i ~ ~,r.r ~~~___=
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Residing at: `~7'l i~~_ (1.,~ , ~~~
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Water Main Easement EASMT WTR
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Exhibit A aPS, aovNDARY,
e TiOPOC'RAPHIC AND A.L.T.A.
SURVEYS
' • CONSTRUCTION STAKING
land Surveying, Inc. 3D SCANNnVG
1121 E. Stote Street Suite 165 Eogie, idoho 63616 office: 1-288-939.7373 fox: 1-268.939-7321
Job No. 2004924
8-29-07
J.B.F.
LEGAL DESCRIPTION
FOR
CITY OF MERIDIAN
20 foot wide water line easement
A 20 foot wide water line easement located in the Northeast'/., of the Northeast %. of Section S,
Township 2 North, Range 1 East of the Boise Meridian described as follows:
Commencing at the Northeast corner of Section 5, Township 2 North, Range 1 East of the Boise
Meridian and running thence South 734.25 feet along the East line of said section; thence West
35.00 feet to a point on the West right-of--way of South Eagle Road (said point being the POINT
OF BEGINNING); thence South 28.28 feet along said West line; thence N45°00'58"W 70.22
feet; thence West 297.02 feet; thence South 34.50 feed thence West 20.00 feet; thence Nadi
34.50 feet; thence West 102.19 feet; thence South 225.00 feet; thence East 24.03 feet; thence
North 34.50 feet; thence East 20.00 feet; thence South 34.50 feet; thence East 407.49 feet; thence
N67°30'00"E 18.78 feet to a point on the West right-of--way of South Eagle Road; thence South
21.65 feet along said West line; thencx S67°30'00"W 14.48 feet; thencee West 475.50 fear; thence
North 265.00 feet; thence East 447.49 feet; thence S45°00'S8"E 58.51 feet to the poi of
begiruiing.
Easement contains 25,839 SF.
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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 Aareement 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:
1. ~ Water Main Easement Agreement for LDS Church (6575 South
Eagle Road):
J. Approve Aareement 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. Chanae Order No. 2 for the Water Division Building Project
(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.
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
1. 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