HomeMy WebLinkAboutWater Line and Water Easement with Settlers Crossing, LLC for Sundance Sub No. 5
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ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 01/18/07 01:30 PM
DEPUTY Neava Haney
RECORDED-REQUEST OF
Meridian City
AMOUNT
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1111111111111111111111111111111111111
107008142
WATER LINE AND WATER METER EASEMENT
THIS INDENTURE, made this / fh..day of l>e c . , 2006, between Settlers Crossing LLC, the party of the
first part, and hereinafter called the Grantor, 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 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 Grantee, with the free right of access to such facilities at any and all times.
TO HA VE 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 Line and Watenneter Easement
05161-Easeme;::roc nQ
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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.
GTI:' 1:):1~ ~
WM David Evans- Manager Settlers Crossing LLC.
STATE OF IDAHO)
) ss
County of Ada )
On this 1/# day of /),{(l.111. W ,2006, before me, the undersigned, a Notary Public in
and for said State, personally a~pe.ared~~:, L. J' ~ kno~n or identified to ~e to ~e a member of
GE LLC that executed the withm mstrumennnd aCRn~edged to me that saId entIty executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
fist above written.
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NOTARY PUBLIC FOR IDAHO
Residing at '6(J/SR I I D I
Commission Expires: g' / 11!.).{) /1
Water Line and Watenneter Easement
05161-Easement Wate~c _ ()
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GRANTEE: CITY OF MERIDIAN
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Approved By City Council On:
STATE OF IDAHO, )
ss.
County of Ada )
On this I q..j,i--day of ----Aa-*UlVU~ ' 20;1. before me, the undersigned, a
Notary Public in and for said State, personally appeared T MMY de WEERD and WILLIAM G. BERG,
JR., known to me to be the Mayor and City Clerk, respectively, ofthe 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)
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NOTARY PUBLIC FOR IDAHO
Residing at: (/'YJ"U li-::;t-"'l.-') c1
Commission Expires: 10 --I \- ( (
Water Line and Watenneter Easement
05161-Easement Water.doc
page 3 od.
Project No: 05161
Date: November 21, 2006
Page: 1 of 5
TOOTHMAN-ORTON ENGINEERING COMPANY
CONSULTING ENGINEERS, SURVEYORS AND PLANNERS
9777 CHINDEN BOULEVARD
BOISE, IDAHO 83714~2008
208-323-2288 · FAX 208-323-2399
boise@toengrco.com
EXHIBIT" A"
City of Meridian - Water & Sewer Easement Descriptions
For Proposed Sundance Subdivision No.5
Water Easement No.1
A 10-foot wide strip ofland in Lot 21, Block 7, of SUN DANCE sUBDrvrsIONNO. 3,
located in the Southwest quarter of Section 31, Township 4 North, Range 1 East, Boise Meridian,
City of Meridian, Ada County, Idaho, described as follows:'
COMMENCING at the southwest comer of said Section 31, marked by a found aluminum
cap, from which the west quarter comer of said Section 31, marked by a found brass cap, bears
N.00051 '27"E., 2650.12 feet; thence, along the westerly line of said Section 31,
A) N.00051 '27"E., 300.00 feet; thence, leaving said westerly line,
B) S.89034' 42"E., 96.67 feet to a point on the northerly line of an existing City of Meridian
Sanitary Sewer and Water Easement, as shown on said SUNDANCE SUBDIVISION
NO.3; being the POINT OF BEGINNING; thence, leaving said northerly line,
1) N.0002T27''E., 35.98 feet; thence,
2) N.45000'00"W., 18.70 feet; thence,
3) N.45000'00"E., 10.00 feet; thence,
4) S.45000'00'E., 22.89 feet; thence,
5) S.0002T27''W., 40.17 feet to a point on the northerly line of said existing City of
Meridian Sanitary Sewer and Water Easement; thence, along, said northerly line,
6) N.89034'42"W., 10.00 feet to the POINT OF BEGINNING.
Water Easement No.2
A 14-foot wide strip ofland in Lot 21, Block 7, of SUNDANCE SUBDMSION NO.3,
located in the Southwest quarter of Section 31, Township 4 North, Range 1 East, Boise Meridian,
City of Meridian, Ada County, Idaho, described as follows:
COMMENCING at the southwest comer of said Section 31, marked by a found aluminum
cap, from which the west quarter comer of said Section 31, marked by a found brass cap, bears
N.00051 '27"E.".2650.12 feet; thence, along the westerly line of said Section 31,
A) N.00051 '27"E., 300.00 feet; thence, leaving said westerly line,
B) S.89034'42"E., 281.17 feet to a point on the northerly line of an existing City of Meridian
Sanitary Sewer and Water Easement, as shown on said SUNDANCE SUBDMSION
NO.3, being the POINT OF BEGINNING; thence,
1) N.00024'07''E., 34.01 feet; thence,
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TOOTHMAN-ORTON ENGINEERING COMPANY
Project No: 05161
Date: November 21,2006
Page: 20f5
2) S.89035'53"E., 14.00 feet; thence,
3) S.00024'07''W., 34.02 feet to the northerly line of said existing easement; thence,
along said northerly line,
4) N.89034'42"W., 14.00 feet to the POINT OF BEGINNING.
Water Easement No.3
A 10-foot wide strip oflandin Lot 26, Block 7, of SUN DANCE SUBDIVISION NO. 3,
located in the Southwest quarter of Section 31, T ownsmp 4 North, Range 1 ,East, Boise Meridian,
City of Meridian, Ada County, Idaho, described as follows:
COMMENCING at the southwest corner of said Section 31, marked by a found aluminum
cap, from which the West quarter comer of said Section 31, marked by a found brass cap, bears
N.00051 '27"E., 2650.12 feet; thence, along the westerly line of said Section 31,
A) N.Ooo51 '27"E., 300.00 feet; thence, leaving said westerly line,
B) S.89034'42"E., 326.46 feet to a point on the northerly line of an existing City of Meridian
Sanitary Sewer and Water Easement, as shown on said SUNDANCE SUBDIVISION
NO.3, being the POINT OF BEGINNING; thence,
1) N.Ooo32'58"E., 71.79 feet; thence,
2) N.45000'00"W., 56.60 feet; thence,
3) N.45000'00"E., 10.00 feet; thence,
4) S.45000'OO"E., 60.80 feet; thence,
5) S.00032'58''W., 75.96 feet to the northerly line of said existing easement; thence,
along said northerly line,
6) N.89034'42"W., 10.00 feet to the POINT OF BEGINNING.
Water Easement No.4
A 20-foot wide strip of land in Lot 26, Block 7,ofSUNDANCE SUBDIVISION NO. 3,
located in the Southwest quarter of Section 31, Township 4 North, Range 1 East, Boise Meridian,
City of Meridian, Ada County, Idaho, described as follows:
COMMENCING at the southwest corner of said Section 31, marked by a found aluminum
cap, from which the west quarter comer of said Section 31, marked by a found brass cap, bears
N.00051 '27"E., 2650.12 feet; thence, along the westerly line of said Section 31,
A) N.Ooo51 '27"E., 300.00 feet; thence, leaving said westerly line,
B) S.89034142"E., 354.02 feet to a point on the northerly line of an existing City of Meridian
Sanitary Sewer and Water Easement, as shown on said SUNDANCE SUBDIVISION
NO.3, being the POINT OF BEGINNING; thence,
1) N.00051' 50"E., 1 07.31 feet;
2) S.89033'24"E., 20.00 feet; thence,
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TOOTHMAN-ORTON ENGINEERING COMPANY
Project No: 05161
Date: November 21,2006
Page: 3 of 5
3) S.00051 '50"W., 107.30 feet to the northerly line of said existing easement; thence,
along said northerly line,
4) N.89034'42"W., 20.00 feet to the POINT OF BEGINNING.
Water Easement No.5
A 10-foot wide strip ofland in Lot 25, Block 7, of SUNDANCE SUBDIVISION NO.3,
located in the Southwest quarter of Section 31, TO'Wllship 4 North, Range 1 East, Boise Meridian,
City of Meridian, Ada County, Idaho, described as follows: .'
COMMENCING at the southwest comer of said Section 31, marked by a found aluminum
cap, from which the west quarter comer of said Section 31, marked by a fouiid brass cap, bears
N.00051 '27"E., 2650.12 feet; thence, along the westerly line of said Section 31,
A) N.Oo051'27"E., 277.00 feet; thence, leaving said westerly line,
B) S.89034' 42"E., 252.15 feet to a point on the southerly line of an existing City of Meridian
Sanitary Sewer and Water Easement, as shown on said SUNDANCE SUBDIVISION
NO.3; thence, along said southerly line, the following courses:
C) S.00025' 18"W., 9.00 feet; thence,
D) S.89034'42"E., 136.07 feet; thence,
E) S.68056'02"E., 6.25 feet to a point on said southerly line, being the POINT OF
BEGINNING; thence, along said southerly line,
1) S.68056'02"E., 10.00 feet; thence, leaving said southerly line,
2) S.20057'05''W., 10.84 feet; thence,
3) N.69002'05"W., 10.00 feet; thence,
4) N.20057'05"E., 10.86 feet to the POINT OF BEGINNING.
Water Easement No. 6
A variable width strip of land in Lot 25, Block 7, of SUNDANCE SUBDIVISION NO.3,
located in the Southwest quarter of Section 31, Township 4 North, Range 1 East, Boise Meridian,
City of Meridian, Ada County, Idaho, described as follows:
COMMENCING at the southwest comer of said Section 31, marked by a found aluminum
cap, from which the west quarter comer of said Section 31, marked by a found brass cap, bears
N .00051 '27"E., 2650.12 feet; thence, along the westerly line of said Section 31,
A) N.00051?27"E., 277.00 feet; thence, leaving said westerly line,
B) S.89034' 42"E., 252.15 feet to a point on the southerly line of an existing City of Meridian
Sanitary Sewer and Water Easement, as shown on said SUNDANCE SUBDIVISION
NO.3; thence, along said southerly line, the following courses:
C) S.00025' 18"W., 9.00 feet; thence,
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TOOTHMAN-ORTON ENGINEERING COMPANY
Project No: 05161
Date: November 21, 2006
Page: 4 of 5
D) S.89034'42"E., 49.96 feet to the POINT OF BEGINNING; thence, leaving said
southerly line,
1) S.OooOO'OO"W., 95.77 feet; thence,
2) S.36047'41"E., 45.02 feet; thence,
3) S.53012' 19"W., 17.50 feet; thence,
4) N.36047'41"W., 41.82 feet; thence,
5) N.OOoOO'OO"W., 108.91 feet to the southerly line of said existing easement; thence,
along said southerly line,. .
6) S.89034'42"E., 12.09 feet to the POINT OF BEGINNING.
Water Easement No.7
A 10-foot wide strip ofland in Lot 22, Block 7, ofSUNDANCE SUBDIVISION NO.3,
located in the Southwest quarter of Section 31, Township 4 North, Range 1 East, Boise Meridian,
City of Meridian, Ada County, Idaho, described as follows:
COMMENCING at the southwest corner of said Section 31, marked by a found aluminum
cap, from which the west quarter comer of said Section 31, marked by a found brass cap, bears
N.00051 '27"E., 2650.12 feet; thence, along the westerly line of said Section 31,
A) N.00051 '27"E., 277.00 feet; thence, leaving said westerly line,
B) S.89034'42"E., 86.26 feet to a point on the southerly line of an existing City of Meridian
Sanitary Sewer and Water Easement, as shown on said SUNDANCE SUBDIVISION
NO.3, being the POINT OF BEGINNING; thence, along said southerly line,
1) S.89034'42"E., 10.00 feet; thence,
2) S.00022'44''W., 7.58 feet; thence,
3) N.89037'16"W., 10.00 feet; thence,
4) N.Ooo22'44"E., 7.59 feet to the POINT OF BEGINNING.
Water/SanitarY Sewer Easement No.1
A 20-foot wide strip ofland in Lot 21, Block 7, of SUN DANCE SUBDIVISION NO.3,
located in the Southwest quarter of Section 31, Township 4 North, Range 1 East, Boise Meridian,
City of Meridian, Ada County, Idaho, described as follows:
COMMENCING at the southwest comer of said Section 31, marked by a found aluminum
cap, from which the west quarter corner of said Section 31, marked by a found brass cap, bears
N.00051 '27"E.,2.650.12 feet; thence, along the westerly line of said Section 31,
A) N.00051'27''E., 300.00 feet; thence, leaving said westerly line,
B) S.89034'42"E., 180.16 feet to a point on the northerly line of an existing City of Meridian
Sanitary Sewer and Water Easement, as shown on said SUNDANCE SUBDMSION
NO.3, being the POINT OF BEGINNING; thence,
1) N.56044'40"W., 20.01 feet; thence,
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TOOTHMAN-ORTON ENGINEERING COMPANY
Project No: 05161
Date: November 21,2006
Page: 5 of 5
2) N.33015'20"E., 20.00 feet; thence,
3) S.56044' 40"E., 51.01 feet to the northerly line of said existing easement; thence,
along said northerly line,
4) N.89034'40"W., 36.89 feet to the POINT OF BEGINNING.
Water/Sanitary Sewer Easement No.2
A variable width strip of land in Lot 22, Block 7, of SUN DANCE SUBDIVISION NO.3,
located in the Southwest quarter of Section 31, Township 4 North, Range l:.East, Boise Meridian,
City of Meridian, Ada County, Idaho, described as follows:
COMMENCING at the southwest comer of said Section 31, marked by a found aluminwn
cap, from which the west quarter comer of said Section 31, marked by a found brass cap, bears
N.Oo051 '27"E., 2650.12 feet; thence, along the westerly line of said Section 31,
A) N.00051'27"E., 277.00 feet; thence, leaving said westerly line,
B) S.89034'40"E., 219.49 feet to a point on the southerly line of an existing City of Meridian
Sanitary Sewer and Water Easement, as shown on said SUNDANCE SUBDIVISION
NO.3, being the POINT OF BEGINNING; thence, along said southerly line, the
following courses:
1) S.89034'42"E., 32.66 feet; thence,
2) S.00025' 18"W., 9.00 feet; thence, leaving said southerly line,
3) S.89059'59"W., 7.44 feet; thence,
4) S.OooOO'Ol "E., 96.71 feet; thence, .
5) 8.89059' 59"W., 40.90 feet; thence,
6) 8.48025' 18"W., 30.35 feet; thence,
7) N.41034'42"W., 10.00 feet; thence,
8) N.48025' 18"E., 60.26 feet; thence,
9) N.OQoOO'Ol "W., 78.62 feet to the POINT OF BEGINNING.
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EXHIBIT "s" SKETCH MAP
CITY OF MERIDIAN - WATER/SEWER EASEMENTS
FOR PROPOSED
SUNDANCE SUBDIVISION NO. 5
LOCATED IN THE SOUTHWEST QUARTER OF SECTION 31
TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN
CllY OF MERIDIAN, ADA COUNlY, IDAHO
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SUNOANCE SUBDIVISION NO. 3
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TOOTHMAN-ORTON ENGINEERING CO.
ENGINEERS. SURVEYORS. PLANNERS
9Tn CHINDEN BOULEVARD . BOISE. IDAHO 83714-2008
PHONE: 208-323-2288 . FAX: 208-323-2399
E-FlLE: H:\05161\WATER ESWT.OWG OATE: 12/01/06 JOB: 0516 5-100