HomeMy WebLinkAboutWater Main Easement with St. Luke's Regional Medical Center, Ltd for St. Luke's Meridian' ~~~ RECORDED • REQUEST O
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WATER MAIN EASEMENT
THIS INDENTURE, made this Z~~day of ~Oi,, Nsd; 20 o~between St. Luke's Regional Medical
Center, Ltd., an Idaho non-profit corporation, 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 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 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 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 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
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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.
~1G!-Pi V~C~ resi nt
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STATE OF IDAHO )
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County of Ada )
On this 3( day of , 20~~, before me, the undersigned, a Notary
Public in and for,~aid State, person ly appeared (~~vt,~~ . ~~-C,~t fir' and
1'I'Yt.~Y~- ,known or identified to me to be the~~~ ~[fid t~anfl r`~.S ~Cl~
es,~ctivel~, o~ the corporation that executed the within i ru n ,
V ~U' ~ owe ged t~Se ITa~ such corporation executed the same.
~•~ EOF, I have hereunto set my hand and affixed my official seal the day
did f' t abo wten.
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p~.~TF OF 1~P•••••• ROSidlri at
•~~~~~~~~~•' Commission Expires: !S a'OUS
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CITY OF MERIDIAN
Corrie, Mayor
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Attest by William G. erg, ity Clerk
Approved By City Council On:
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Roylance & Associates P.A.
Engineers Surveyors Landplanners
391 W. State Street, Suite E, Eagle, Idaho 83616 Telephone (208) 939-2824 Fax (208) 939-2855
May 21, 2001
Project No. 1846
Legal Description
St. Luke's Meridian Medical Center
1,066 Square Foot Water Main Easement
EXHIBIT A
A 20 foot wide water line easement situated in the Northwest 1/a of Section 16, Township 3
North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, said easement being further
described as follows:
Commencin; at a found brass cap monumenting the northwest corner of the Northwest'/a
of said Section 16, thence South 00°-30'-52" East along the westerly line of said Northwest'/a a
distance of 1378.62 feet to a point, thence departing said westerly line North 90°-00'-00" East a
distance of 375.31 feet to a point; thence South 60°-00'-00" East a distance of 25.61 feet to a point;
thence North 90°-00'-00" East a distance of 365.62 feet to the POINT OF BEGINNING.
Thence South 00°-00'-00" East a distance of 53.30 feet to a point;
Thence North 90°-00'-00" East a distance of 20.00 feet to a point;
Thence North 00°-00' -00" West a distance of 53.30 feet to a point;
Thence South 90°-OU'-00" West a distance of 20.00 feet to the
POINT' OF BEGINNING.
Said described easement contains 1,066 square feet, more or less, subject to all existing
easements and rights-of-way.
Prepared by: ROYLANCE & ASSOCIATES, P.A. j
X91 W. STATE STREET, SUITE E S`~1~ G1ST8 `~~~
EAGLE, ID 83616 0~`~ ~' ~'
(208) 939-2824 ~ o
(208) 939-2855 Fax 9975 ~'
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Meridian City Council Meeting
August 28, 2001
Page 10
been checked. Legal description has been checked and its been signed by Mr.
Steve Appleton who is a member of the developer SRA Ventures LLC. It's
presented to you this evening for your approval and signature by Mayor Corrie
and City Clerk Berg.
Corrie: Any further discussion?
Bird: I have none.
Corrie: I'll entertain a motion on the request.
McCandless: Mr. Mayor.
Corrie: Mrs. McCandless.
McCandless: I move that we approve the water line easement for Gold's Gym
located west of Meridian Ford dealership, for the Mayor to sign the clerk to attest.
Bird: Second.
Corrie: Motion made and seconded to approve the water line easement
agreement with Gold's Gym. Any further discussion? Hearing none, all those in
favor of the motion say aye.
MOTION CARRIED: ALL AYES
5. Water Line Easement Agreement with St. Luke's Phase .
No. 3:
Smith: Thank you Mayor and Council. The next item I have is another water line
easement agreement. This is with St. Luke's for their phase 3 building. It's a little
short easement that carries a 4-inch water line, excuse me a water line and a fl-
inch meter to their building from the existing water main that crosses along the
north side of the building. Mr. Gary Fletcher from St. Luke's has signed the
easement and its being presented to you tonight for City approval and signature
by Mayor Corrie and City Clerk Berg.
Corrie: Any discussion? Hearing none, I'll entertain a motion on the request.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I move that we approve the water line easement for St. Luke's phase 3 for
the Mayor to sign and the Clerk to attest.
Meridian City Council Meeting
August 28, 2001
Page 11
McCandless: Second.
Corrie: Motion made and seconded to approve the water line easement
agreement with St Luke's phase No. 3. Any further discussion? Hearing none, all
those in favor of the motion say aye.
MOTION CARRIED: ALL AYES
C. Parks and Recreation Department -Tom Kuntz:
1. Discussion of funding Bear Creek Park Improvements:
Corrie: Item C, parks and rec department Tom Kuntz.
Kuntz: Thank you Mayor and Council. You should have received tonight a memo
in regards to staff's recommendations on how to fund phase 1 of Bear Creek
Park. We're recommending line item transfers from 2 accounts. One is the Five
Mile Creek Pathway account of $119,000. The second being the Storey Park
improvement account of $39,000. Coupled with the existing budget amount
currently in that account of $91,988 brings the total dollars to 249,988. the
second paragraph outlines where those dollars will go in phase 1 of construction
of $180,000 has already been discussed and I believe informally accepted by the
Council. The second item is underground utility construction which we have
estimates from the developer on those costs. So, the total payable to Bear Creek
LLC for putting these amenities in would be 210,945. The additional $39,043
would be used to hire independent contractors to install the fencing and concrete
slabs for bleachers. Total cost of phase 1 project would be 249,988.
2. Line Item Transfer to pay average for Generation Plaza
Project:
Kuntz: The second item I have on here is Generations Plaza was over budget.
Generations Plaza II is over budget by $7, 954. I'm recommending a transfer of
$5,000 from downtown street trees and $3,000 from the Five Mile Creek Pathway
for a total of $8,000 to cover the expense of that project. I'll stand for any
questions.
Corrie: Any questions for Tom?
De Weerd: Mr. Mayor.
Corrie: Mrs. de Weerd.
De Weerd: Stacy, have you had a chance to go over these figures?