Sanitary Sewer and Water Main Easement with Cotton Wood Development, LLC for Volterra HeightsIDAI-RO
Community Development
Department
TO: Mayor Tammy deWeerd
Members of the City Council
FROM: Denny Cline
DATE: 10/27/14
Land Development Services
Meridian City Hall, Suite 102
33 E. Broadway Avenue
Meridian, Idaho 83642
SUBJECT: Sewer & Water Main Easement Volterra Heights Subdivision No.1
I. RECOMMENDED ACTION
A. Move to:
1. Approve a Sewer & Water Main Easement for the City of Meridian, located
on the site of Volterra Heights Subdivision No.1.
2. This easement provides the City of Meridian access to a public sewer and
water main installed to provide service for Volterra Heights Subdivision
No.1.
3. Authorize the Mayor to sign the easement, and the City Clerk to attest.
II. DEPARTMENT CONTACT PERSONS
Bruce Chatterton, Community Development Director
Bruce Freckleton, Development Services Manager
Denny Cline, Development Analyst II
Dennynny Cline, Analyst II
ent Services Manager
884-5533
489-0362
489-0371
Recommending
Approval
Ph: 208.887.2211 4 www.meridiancity.org 4 Fax 208.887.1297
Rav- nv2m3
ADA COUNTY RECORDER Christopher D. Rich 2014-088002
BOISE IDAHO Pgs=7 VICTORIA BAILEY 10/29/201409.35 AM
MERIDIAN CITY NO FEE
�0 613420 40088 0 007 01111111
00035134207400880020070071
SANITARY SEWER AND WATER MAIN EASEMENT
THIS INDENTURE, made this.219 day of Off' , 20A betweenCotn LVQQA Leve�T r �� LLC
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 sanitary sewer and water main right-of-
way across the premises and property hereinafter particularly bounded and described; and
WHEREAS, the sanitary sewer and water is to be provided for through underground
pipelines to be constructed by others; and
WHEREAS, it will be necessary to maintain, service and subsequently connect to said
pipelines 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 over and across the following
described property:
(SEE ATTACHED EXHIBITS A and B)
The easement hereby granted is for the purpose of construction and operation of sanitary
sewer and water mains and their allied facilities, together with their maintenance, repair,
replacement and subsequent connection 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 maintenance, replacements or subsequent connections
to the sanitary sewer and water mains, GRANTEE shall restore the area of the easement and
adjacent property to that existent prior to undertaking such procedures. 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.
Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.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 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.
GRANTOR:
Pr�es]dex�
Secretary
Address
STATE OF IDAHO )
: ss.
County of Ada )
On this � day of ei VW 20 efore me, the undersigned, a Notary
Public in and for said State, personally appeared Inliec M&OILPM and
. known or identified to me to be theXx*siden�-andop,'61e1"
e^^r� �of the corporation 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 first above written.
'001% ..... ......,,
)1e,"•SOT AR y ARY PUBLIC FOJi IDAHO
_Rigiding at: AONC /b400
�C �• ; Commission Expires:
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Sanitary Sewer and %6j6j qMtbVFnt EASMT S&W 11-15-13.doc
GRANTEE: CITY OF
Tammy de Weerr,ayor
Attest y Jay L. Holman, City Clerk
Approved By City Council On: V r
STATE OF IDAHO, )
: ss
County of Ada )
On this Oa day of a4�-wY , 20 4-1 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 WITNES S WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
••• l
1p0
1 I
F ,N. NOTARY PUBIC FOR IDAA
Residing at: K4p�
Commission Expires: , olOac�
101A.
Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc
TEALEY'S LAND 187 E. 50th Street • Garden City, Idaho 83714
SURVEYING (208) 385-0636
Fax (208) 385-0696
Project. No.: 3689
Date: August 1, 2014
Revised: October 28, 2014
DESCRIPTION FOR
CITY OF MERIDIAN SEWER AND WATER EASEMENT NO. 1
PROPOSED VOLTERRA HEIGHTS SUBDIVISION
A City of Meridian sewer and water easement lying in the NE 1(4 of the NE %4 of
Section 34, TAN., RAW., B.M., Meridian, Ada County, Idaho and more particularly
described as follows.
Commencing at an iron pin marking the Northeast corner of said Section 34,
which bears South 88056'29" East from the North'/ corner of said Section 34
South 59059'48" West 878.57 feet to the POINT OF BEGINNING; thence
South 16009'23" East 37.53 feet to a point; thence at right angles
South 73°50'37" West 70.89 feet to a point; thence
North 28°08'57" West 38.36 feet to a point; thence
North 73°50'37" East 78.86 feet to the POINT OF BEGINNING.
W1336091Docs\0609-sewer&walerl.dol-Ido
2 5 88°56'29" E
34
WAST McMILL
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N 28°08'57" W
38.36'
N. TEN
9B B6'
3/ S 16 °09'23" E
37.53'
V'n1/y0
CITY OF MERIDIAN SEWER AND WATER EASEMENT NO
VOLTERRA HEIGHTS SUBDIVISION
LYING IN THE NE 1/4 NE 1/4, SECTION 34,
T.4N., R.IW., B.M.,
MERIDIAN, ADA COUNTY, IDAHO
NOTE:
SEE THE RECORDED PLAT OF VOLTERRA
HEIGHTS SUBDIVISION FOR ADDITIONAL
INFORMATION
3689—o5b.dwg 10-28-14 14117:22 jcox
TEALEY'S LAND SURVEYING
12594 W. EXPLORER DRIVE, SUITE 150
208-385-0636
JOB NO. 3689
BOISE, ID. 83713
DATE: 10/28/14
N
TEALEY'S LAND 12594 W. Explorer Drive, Suite 150 • Boise, Idaho 83713
SURVEYING (208) 385-0636
Fax (208) 385.0696
Project. No.: 3689
Date: August 1, 2014
Revised: October 28, 2014
DESCRIPTION FOR
CITY OF MERIDIAN SEWER AND WATER EASEMENT NO. 2
PROPOSED VOLTERRA HEIGHTS SUBDIVISION
A City of Meridian sewer and water easement lying in the NE 'Y4 of Section 34,
TAN., RAW., B.M., Meridian, Ada County, Idaho and more particularly described as
follows.
Commencing at an iron pin marking the Northeast corner of said Section 34;
thence along the North boundary of said Section 34
North 88°56'29" West 1834.34 feet to a point, thence leaving said North
boundary
South 00052'09" West 25.00 feet to the POINT OF BEGINNING; thence
continuing
South 88056'29" West 255.59 feet to a point; thence at right angles
South 89°07'51" East 511.69 feet to a point; thence at right angles
South 00052'09" West 50.00 feet to a point; thence at right angles
North 89°07'51" West 565.28 feet to a point; thence
North 00050'17" East 305.77 feet to a point on said North boundary of said
Section 34; thence along said North boundary
South 88056'29" East 53.76 feet to the POINT OF BEGINNING.
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