Water Main Easement with PHA Boise LLC, An Arizona LLC for University of PhoenixADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 f
BOISE IDAHO 04!22109 10:45 AM
DEPUTY Randy Jennings
RECORDED-REQUEST OF III IIIIII~III'llllllll'lll'IIIII I I
Meridian City i ~~~~~~~~
WATER MAIN EASEMENT
THIS INDENTURE, made this ~ day of---~~1-y~W~~ , 20~between
I~i}Q/~~j~~l~ir- (-l,G,prn ~rl?CYI(7~ l.t_~- ,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 main right-of-way across the premises
and property hereinafter particularly bounded and described; and
WHEREAS, the water 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 operation and maintenance of a water
main at the convenience of the Grantee 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 main
and its allied facilities, together with maintenance, repair, replacement and subsequent
connection thereto of water mains 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, performing other maintenance or making subsequent connection to
the water main, 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.
City of meridian, Idaho
Water Main Easement EASMT.WTR 1-29-09 1-
29-09.doc
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.
t I
On this : ~ ~ ~ day of ~ ~Us"C h , 20 ~ c1 , before me, the undersjglted, a Notary
Public in and for said State, ersonall~peared ~Q ~Yi `G ~ if ~>~l~
and ti known or identified to me to be the
President and Secretary, respectively, of the rporation 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.
C. A. Van Psttan
Notary PuWk ~ AdzOm
1AarfCOpa County
t~abn ExpMra
,Newry 1`,'010
City of meridian, Idaho
Water Main Easement
29-09.doc
/~/~ ] ~„
NOTARY PUBLIC FOR F~HO }'-~~~ z~ ~-~c_
Residing at: /x,5`5 ~' 4e;,~,e~~ flee /~o,; ~cc~~~ !~z
Commission Expires: J~uc~ ~ ~ ~ ae r c'
EASMT.WTR 1-29-09 1-
f~~~'~o~
STATE OF 1$A~O )
Msr,•co~) ss
County of AAa )
GRANTEE: CITY OF MERIDIAN
~~'sCX~ \\\\ltlf tlllll/l!//
\~\ '///
~.~~ . ~\`\\\~y oho /~~~'1'~~~''-.
Tammy de We d ayor ~ \~, TFO ;
AL
Attest by cee L. Holman, City Clerk ~ '~°~ p ~~
~9p,9 r ts'~ ' Q`r `,.,~
Approved By City Council On: ~~~~~' t"L~K ]U~
STATE OF IDAHO )
ss
County of Ada )
On this ~~ day of ~~ , 20~~, before me, the undersigned, a Notary Public in
and for said State, personally appeared TAMMY DE WEERD and JAYCEE L. HOLMAN, 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.
C~ U'Q~
NOTARY PU LIC FOR IDAHO
(SEAL) Residing at: Cn . ~
Commission Expires. ~f ~t~f /2~
r~rraaaaa
,,o
,~
:~,~,
,.
.9,~.,, ~ ,,~ ~•
O
•.~~pF; IDAZ'~.~.
~....
City of meridian, Idaho
Water Main Easement EASMT.WTR 1-29-09 1-
29-09.doc
T-O ENGINEERS
Project No: 08068
Date: February 18, 2009
Page: 1 of 2
EXHIBIT "A"
Water Easement -Description
Lot 12, Block 1 of Kennedy Commercial Center Subdivision
A strip of land being a portion of Lot 12, Block 1 of KENNEDY COMMERCIAL CENTER
SUBDIVISION, as filed in Book 101 of Plats at Pages 13409 through 13412, Records of Ada
County, Idaho, located in the SE t/4 of the SW t/4 of Section 13, Township 3 North, Range 1
West, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as
follows:
COMMENCING at the Southwest corner of said Lot 12; thence, along the southerly line of
said Lot 12,
A) 5.89°40'57"E., 57.53 feet to the POINT OF BEGINNING; thence, leaving said
southerly line,
1) N.00°00'11"W., 42.19 feet; thence,
2) N.00°00'02"E., 194.76 feet; thence,
3) 5.89°59'43"W., 55.77 feet to the westerly line of said Lot 12; thence, along said
westerly line,
4) N.00°25'31"E., 20.00 feet; thence, leaving said westerly line,
5) N.89°59'43"E., 55.62 feet; thence,
6) N.00°00'02"E., 15.68 feet; thence,
7) N.45°00'00"E., 44.78 feet; thence,
8) N.90°00'00"E., 160.07 feet; thence,
9) N.00°30' 15"W., 10.41 feet; thence,
10) N.89°29'45"E., 18.34 feet; thence,
11)N.00°00'23"W., 80.78 feet; thence,
12)N.90°00'00"W., 8.37 feet; thence,
13) N.00°00' 17"E., 6.08 feet; thence,
14)N.90°00'00"W., 5.00 feet; thence,
H:\08068\WP61es\WATER ESMT\ExhA-Water Esmt.doc
9777 Chinden Boulevard Boise, ID 83714 Phone (208) 323-2288 Fax (208) 323-2399 info@to-engineers.com to-engineers.com
Aviation I Transportation I Land Development I Landscape Architecture I Municipal I Water Resources I Surveying
Project No: 08068
Date: February 18, 2009
Page: 2 of 2
15) N.00°00' 17"E., 14.42 feet; thence,
16)N.90°00'00"E., 33.37 feet; thence,
17) S.00°00'23"E., 131.85 feet; thence,
18)N.90°00'00"W., 190.04 feet; thence,
19) 5.45°00'00"W., 28.21 feet; thence,
20) 5.00°00'02"W., 212.16 feet; thence,
21) 5.89°59'59"E., 164.89 feet; thence,
22)N.00°00'00"E., 6.59 feet; thence,
23)N.90°00'00"E., 20.00 feet; thence,
24) S.00°00'00"E., 26.59 feet; thence,
25)N.89°59'59"W., 184.89 feet; thence,
26) 5.00°00' 11"E., 32.30 feet to the southerly line of said Lot 12; thence, along said
southerly line,
27) N.89°40' S7"W., 20.00 feet to the POINT OF BEGINNING.
The above-described strip CONTAINS: 0.404 acres, more or less.
H:\08068\WPfiles\WATER ESMT\ExhA-Water Esmt.doc 2
INTERSTATE 84
~~nor~erly line Lot 12, Block 1
EXHIBIT B -WATER EASEMENT
A PORTION OF LOT 12, BLOCK 1 OF KENNEDY COMMERCIAL CENTER SUBDIVISION
LOCATED IN THE
SE 1 /4 OF THE SW 1 /4 of SECTION 13
TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN
CITY OF MERIDIAN, ADA COUNTY, IDAHO
Y
U
0
m
of
0
J
L13 N90'00'00"E 33.37'
L14 S45'00'00"W 28.21'
L15 NO'00'00"E 6.59'
L16 N90'00'00"E 20.00'
L17 SO'00'00"E 26.59'
L18 SO'00'11"E 32.30'
L19 N89'40'57"W 20.00'
L13
N
~ L11
L10 20'
L9- °n° ~ I
o _
~ M
O~ N I
Lg IZ~Ib
20' ~
N90'00"00"E 160.07" ~,),
AS7~ )~' N
N90'00'00"W 190.04'
~r0/ N
~~
L4 ~ 20' ~
N
L2
Y I
U
O
m
~I
9
m
c
z
m
L15 L16
~_
N .-~
Y
O
J
m
M
0
J
S89'40'57"E southerly line Lot 12, Block 1
EASEMENT LINE TABLE
LINE BEARING ISTANC
L1 NO'00'11 "W 42.19'
L2 S89'59'43"W 55.77'
L3 NO'25'31 "E 20.00'
L4 N89'S9'43"E 55.62'
L5 NO'00'02"E 15.68'
L6 N45'00'00"E 44.78'
L7 NO'30'15"W 10.41'
L8 N89'29'45"E 18.34'
L9 N90'00'00"W 8.37'
L10 NO'00'17"E 6.08'
L11 N90'00'00"W 5.00'
L12 NO'00'17"E 14.42'
z S89'59 59 E 164.89
N es7r~x
N89'59'59"W 184.89'
J CO
r
J
io
cV
~ N
n
~ ~
rn
N
o
w b
• o
o b
c _° ~
o
I
Z
N i
,~
R
I
~, 20'
~ 57.53' L19
"POINT OF BEGINNING"
SW Corner
Lot 12, Block 1 LOT 13, BLOCK 1
0 30 60 120 180
4
T-O ENGINEERS
9777 CHINDEN BOULEVARD
BOISE. IDAHO 83714-2008
PHONE: 12081 323-2288 FAX: (2081 323-2399
E-FlLE H:\08068\V-XB-WATER ESMff.DWG DATE: 02/16/09 JOB: 08068-85-200
Meridian City Council
March 24, 2009
Page 5 of 49
F. Initial Point Gallery Acceptance Agreement: Brian Schreiner:
G. Human Resources Professional Services Agreement with AMS
Training Consulting:
H. Change Order No. 1 with Civil Survey Consultants for 2008
Water System Flush Lines for $1,785.00:
I. Task Order No. 0772a with JUB Engineers for Downtown
Sewer Study and CIP Phase 2 for $29,258.00:
J. Agreement for the Placement of Vending Machines in City Hall
with the Idaho Commission for the Blind and Visually
Impaired:
K. Change Order No. 1 with CH2M Hill for WWTP Filter 1 & 2
Retrofit for $7,500.00:
L. Change Order No. 3 with ACRD for Main Street /Meridian Road
Split Corridor Phase 1 for $1,825.00:
M. Change Order No. 5 with ACRD for Main Street /Meridian Road
Split Corridor Phase 1 for $9,500.00 with $2,550.00
Reimbursed:
N. Change Order No. 7 with ACHD for Main Street /Meridian Road
Split Corridor Phase 1 for $1,404.50 with total to be
reimbursed:
O. Water Easement for University of Phoenix by PHA /Boise,
LLC:
P. Real Estate Purchase Agreement for Lift Station Lot at
Whitestone Estates Subdivision:
De Weerd: Okay. Item No. 6 is the Consent Agenda.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I move we adopt the Consent Agenda as published and for the Mayor to
sign and the Clerk to attest.
Hoaglun: Second.
Meridian City Council
March 24, 2009
Page 6 of 49
De Weerd: I have a motion and a second to approve the Consent Agenda. If there is
no discussion, Madam Clerk, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes.
MOTION CARRIED: ALL AYES.
Item 7: Department Reports:
A. Purchasing Department:
1. Budqeted Contract Amendment No. 8 for
Architectural Building Supply for $280.00
2. Budqeted Contract Amendment No. 3 for Advanced
Sign for $4,172.00
3. Budqeted Contract Amendment No. 2 for Axelsen
Concrete East Parking Lot for $275.00
4. Budqeted Contract Amendment No. 6 for Buss
Mechanical for $16,477.00
5. Budaeted Contract Amendment No. 4 for Hobson
Fabricating for $44,146.00
6. Budqeted Contract Amendment No. 5 for Hobson
Fabricating for $2,725.00
7. Budqeted Contract Amendment No. 2 for KB
Welding -Plaza for $4,197.00
8. Budqeted Contract Amendment No. 3 for Sunshine
Landscape -Plaza for $2,346.00
9. Budqeted Contract Amendment No. 2 for Sunshine
Landscape -East Parking Lot for $750.00
10. Budqeted Contract Amendment No. 1 for Terra
West -Plaza -for $61,220.00:
11. Budqeted Contract Amendment No. 5 for TriState
Electric for $37,514.00:
12. Deductive Contract Amendment No. 9 for Architectural
Building Supply for ($365.00):
13. Deductive Contract Amendment No. 7 for Buss
Mechanical for ($1,026.00):