HomeMy WebLinkAboutWater Main Easement with H2NR, LLC for Elliott Industrial Park.... ~~r~~ ~n
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WATER MAIN EASEMENT
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THIS INDENTURE, made this ,~ day of 6c~T , 20 0 ( between ~'v
the parties 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 and service 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 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 ofthe Grantee, with the free right ofaccess 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 RIGHT GRANTED to Grantee herein to use the easement is not exclusive.
The Grantor, its successors, assigns and agents shall each have the right to use the
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limitation, the right to landscape and/or pave such easement parcel, provided such
use does not unreasonably interfere with Grantee's use of said easement parcel.
THE GRANTEE SHALL, to the extent permitted by law, indemnify, defend and
save Grantor, its successors, assigns, and agents harmless from any and all claims,
ability, losses, costs, charges, or expenses which Grantor may incur as a result of
any act or omission of the Grantee in its use of the easement parcel under this
Water Main Easement. If any action, claim or demand is made against Grantor for
any act or omission of the Grantee, the Grantee agrees to assume the expense and
shall pay all costs, charges, attorney fees, settlements, judgments or other expenses
incurred by or obtained against Grantor.
IN THE EVENT of a breach hereunder by any party, the non-breaching party shall
have all remedies available at law or in equity, including injunctive or other
equitable relief. In any suit, action or appeal there from to enforce or interpret this
Water Main Easement, the prevailing party shall be entitled to recover its attorneys'
fees and costs incurred therein, including reasonable attorneys' fees and costs
associated with any appeal proceeding.
THE GRANTORS hereby covenant and agree that they will not place or allow to be placed
any permanent structures, large trees or brush within the area described for this easement,
which would interfere with the use of said easement, for the purposes stated herein.
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.
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STATE OF IDAHO )
ss
County of Ada ) /
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On this -/ day of ~G "-~/ , 20® ~, before me, the unders' ed, a Notary
Public In and for said State, personally appeared ~ /~J~,~ 11 ,
known or identified to me to be a member, of the limited liability company 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.
~~~~
TARY PUBLIC FOR IDAHO
Residing ~ (~,e_ ~ at
Commission Expires: ~ ~QcT-~~'
DALE C. OLSEN
NOTARY PUBLIC
STATE OF IDAHO
~~-
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Commission Expir
GRANTEE: CITY OF MERIDIAN
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obe D. Corrie, Mayor ~,ti~
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Attest by William G. Berg, ity Clerk
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Approved By City Council On: ~ ~ r ~ h`
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Water Main Easement Page 3
EASMT.WTR.62'701
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Oct 02 O1 11:59a Pinnacle En~ineer~, Inc. 208-987-7781 p„z
E~F1I13IT "A" -- .
An easement far the purpose of water service Iocated in a
F.Ilintt lrtrlrictriat 3~m~ c.,~,.a~-,..•,,., ~,.,,.,,,., , r _ , . _ portion of Lot 2, Block 1, of
~... ~.......l:~,la,.,, ,v~nccu ~tii ~cc.~on $ of Townsiup 3 North, Range I
East, poise Meridian; ~,~ I~hQ and more described as follows:
~oLnmencirlg at the soeasterly comer of said Lot 2, thence along the southerly !~ of
said lot IVbfi"58'02"W a distance of 195.96 feet to a point, thence contin ' alo
southerly line N6$°l4'QI"W a distance of _?_1,31 f r rn r z , : ~.. ~ n8 said
e~ .,..13e ..t~1.~.h .. ;t~ir C()rsici cif said
Lot 2, thence Leaving said southerly line aad along the we~rly lice ofsaid Lot
N00°22'03"F a ~ristallep of 228.3 :feet tc ~ j €3Ei'~~i' fir EE~uv?v1~tG;
Theu;~ ct;:,,tiruirg dicing said westerly line Nuu`'22'U3 "E a distance of 20.00 feet to a
l~i~
•Fhenc;e Leaving said westerly line S89°38'00"E a distance of 12.71 feet to a point;
Thence parallel with said westerly line N00°22'03"E a dictaz~ nl'38a.3~ f~~to a point;
Thence S89°38'00"E a distance of?0.00 feet tci a port;
Thence parallel with ~..3d w~terl, litre S °2`' ~nl,
00 03 «« a disancc op23s.OI zeet to a point;
Thence S89°38'00' a distaacc of 10.00 feet tv a point;
ice pIIeI -,~Zih said westerly line S00°22'03'TN a distance of 20.00 feet to a point;
Tl~ttx I~783°3$'00"W a riistanee of i 0.0{3 feet to a point;
iLtence parallel with said westerly Zinc S00°22'Q3"W a distance of 150.34 feet to a
Thence N$9°38'00"W a distance of 32.71 feet to the A(7I1VT p~ EEcr~, fnjr. ~m~
Said easement cornans 8521 square feet tnorP yr less. a.^d is su'vect to aJi ~uStiug
easements and rights~f--ways of iccord or implied.
Oct 02 O1 11:59a Pinnacle En~lneers, Inc. 208-887-?781
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Meridian City Council Regular Meeting
January 22, 2002
Page 3 of 46
G. TFCM Associates Water Main Easement Agreement:
H. Aire Manufacturing Water Main Easement Agreement:
I. WWTP Generator Installation Project -Change Order No. 1:
J. Five Mile Relief Sewer Project -Addendum to Agreement for
Professional Services:
De Weerd: Okay, No. 3 the consent agenda.
Bird: Madam President.
De Weerd: Yes, Mr. Bird?
Bird: there's one of these and I marked it down. I don't know when the right one. It's got
the signature in the wrong place on one of these consent agendas. The contractor
signed where the City was suppose to or something. Maybe I was seeing things.
(inaudible) the one I marked down.
(inaudible discussion amongst Council)
Bird: I've got some post it's and I marked it down. I thought I had it.
(inaudible discussion amongst Council)
Smith: Madam President.
Bird: Yes?
Smith: Councilman Bird I think it's -
De Weerd: You can see there's a struggle with the change.
Bird: Yes.
Smith: Under the public works department, Brad Watson said it's item No. 2, or --
Bird: Oh, okay.
Smith: -- excuse me item No. 1 the professional services with Civil Survey.
Bird: That's it, right.
De Weerd: Okay, is that under Department reports?
` Meridian City Council Regular Meeting
January 22, 2002
Page 4 of 46
Smith: Yes ma'am.
De Weerd: Okay. .
Bird: Madam President.
De Weerd: Yes?
Bird: I would move that we approve the consent agenda as noted.
McCandless: Second.
De Weerd: Okay. Consent agenda, been moved to approve as presented. Is there any
discussion? With no further discussion, all those in favor say aye.
MOTION CARRIED: ALL AYES
Berg: Madam President.
De Weerd: Yes, Mr. Berg?
Berg: Just out of safeguard, I think we should probably take roll call on the consent
agenda because there are some agreements, especially a development agreement that
needs to have the roll call vote.
De Weerd: Okay, thank you.
Berg: Sorry.
De Weerd: Thank you. Mr. Berg, would you like to call roll?
Berg: Yes, I will thank you.
Roll-call: De Weerd, aye; Nary, aye; McCandless, aye; Bird, aye.
MOTION CARRIED: ALL AYES
Item 9. Meridian School District Presentation -Wendell Bigham:
De Weerd: Okay. Item No. 4 has been amended on the agenda. The Meridian School
District Presentation, Christine Donnell. You don't look like Wendell.
Donnell: I don't do I?
De Weerd: That was a compliment.