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Water Main Easement with Cottonwood Development, LLC for Volterra HeightsIDAWO 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: Water Main Easement Volterra Heights Subdivision No.1 I. RECOMMENDED ACTION A. Move to: 1. Approve a 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 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 �✓ �tvwW IJC�t�v�-� Denny Cline, evelopment Analyst II Ph: 208.887.2211 www.meridiancity.oro 884-5533 489-0362 489-0371 Recommending Approval Fax 208.887.1297 ADA COUNTY RECORDER Christopher D. Rich 2014-088003 BOISE IDAHO Pgs=7 VICTORIA BAILEY 101291201409:36 AM MERIDIAN CITY _ - NO FEE I313I214008 00 00 0 78 00035136201400880030070076 WATER MAIN EASEMENT th W00� D e� THIS INDENTURE, made this 28 day of Oct , 20 between Colm, ev ofl»1t rt�� l !.0 the parties of the first part, and hereinafter called the GRANTORS, and the City of Meridian, Ada County, Idaho, the parry 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 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, 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 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. {(/M/ M Water Main Easement EASMT WAT 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 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. GRANTOR: �qn ZfIiA x4,� �C % Presitkartt Secretary Address STATE OF IDAHO ) : ss. County of Ada ) On this Zy day of J tn4 , 20I't , before me, the undersigned, a Notary Public in and for said State, personally appeared lklae %kCCOL-L)M and , known or identified to me to be the V+ecidart and Sesretmy respectively, 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 yW&5t fdngve written. .•S1�vv'atARpsi aei SE �x!!J1 • G: Water Mad1� e1 MK••••' qQ' ea NVf4RY PUB IC FOR IDAHO Re ' ing at: 13o15G, Inmo Commission Expires: $-29-19 EASMT WAT 11-15-13.doc GRANTEE: CITY OF MERIDIAN Tammy de a or a;�y Attest bycee L. Holman, City Clerk Approved By City Council On: STATE OF IDAHO, ) : ss County of Ada ) On this -Q-& day of QCA per/ , 20 1 C-, 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. (SEAL) Water Main Easement NOTARJY PUBL FOR IDAHO Residing at: 6k An A I Q'n \an y„n Commission Expires: n q o /A/•/�7r EASMT WAT I I-15-13.doc TEALEY'S LAND 12594 W. Explorer Drive, Suite 150 • Boise, Idaho 83713 SURVEYING (208) 385.0636 H 6 Fax (208) 385-0696 Project, No.: 3689 Date: August 1, 2014 October 28, 2014 DESCRIPTION FOR CITY OF MERIDIAN WATER EASEMENT NO. 1 PROPOSED VOLTERRA HEIGHTS SUBDIVISION A 20 -foot City of Meridian water easement lying in the NE '/4 of the NE '/ 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 Y4 corner of said Section 34 South 22°01'30" West 846.39 feet to the POINT OF BEGINNING; thence South 01'02'41" West 104.00 feet to a point; thence at right angles North 88°57'19" West 20.00 feet to a point; thence at right angles North 01'02'41" East 104.00 feet to a point; thence at right angles South 88°57'19" East 20.00 feet to the POINT OF BEGINNING. W:\36691Docs13W9- ater 1.tl0cv-Itic 2n , /l S 88"56'29" E 2E 34 Y WEST McMILLAN C-15 C 57 S 88057'19" 20.00' L .mil 27 1 26 34/1 35 i/ i ///10 o K/ — N 88°57'19" W� 20.00' L-35 0 0 cy w J z w FA PROPOSED NORTH VICENZA WAY L-42 Y OF MERIDIAN WATER EASEMENT NO. I 1 VOLTERRA HEIGHTS SUBDIVISION "[Y �y LYING IN THE NE 1/4 NE 1/4, SECTION 34, T.4N., R.IW., B.M., e°reQ�N� MERIDIAN, ADA COUNTY, IDAHO �Ic, �. � � NOTE: SEE THE RECORDED PLAT OF VOLTERRA HEIGHTS SUBDIVISION FOR ADDITIONAL INFORMATION TEALEY'S LAND SURVEYING 12594 W. EXPLORER DRIVE, SUITE 150 208-385-0636 3689—asb dwg 10-28-14 14:17:22 jcox JOB NO. 3689 BOISE, ID. 83713 DATE: 10/28/14 TEALEY'S LAND 12594 W. Explorer Drive, Suite 150 • Boise, Idaho 83713 SURVEYING (208) 385-0636 H Fax (208) 385-0696 Project. No.: 3689 Date: August 1, 2014 Revised: October 28, 2014 DESCRIPTION FOR CITY OF MERIDIAN WATER EASEMENT NO. 2 PROPOSED VOLTERRA HEIGHTS SUBDIVISION A 20 -foot City of Meridian water easement lying in the NE % of Section 34, TAN., R.1 W., 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 88°56'29" East from the North % corner of said Section 34 South 54034'08" West 1448.81 feet to the POINT OF BEGINNING; thence South 00052'09" West 20.00 feet to a point; thence at right angles North 89°07'51" West 142.47 feet to a point; thence at right angles North 00°52'09" East 20.00 feet to a point; thence at right angles South 89007'51" East 142.47 feet to the POINT OF BEGINNING. W:AWOMDomi1 9 water 2.dow-Idc N JL 7 N 00° E � 20.00.00' I 2 ` S 88°5629" E 2654.64' 34 Y WEST McMILLAN ROAD I N. TEN MILE ROAD m� b0' ,b I y b 7Ti7r Tri ITi � 7& N 89°07151" W 142.47' 22 BLOCK I 27 1 26 34 1 35 00°52.09" W- 20.00' PROPOSED W. TORANO DR. 0 w z> oa w0 rn cr) 0a a- 0 a a CITY OF MERIDIAN WATER EASEMENT NO. 2 VOLTERRA HEIGHTS SUBDIVISION LYING IN THE NE 1/4 NE 1/4, SECTION 34, T.4N., RAW., B.M., MERIDIAN, ADA COUNTY, IDAHO NOTE: SEE THE RECORDED PLAT OF VOLTERRA HEIGHTS SUBDIVISION FOR ADDITIONAL INFORMATION 3689—osb.dwg 10-28--14 14:17:22 jcox TEALEY'S LAND SURVEYING 12594 W. EXPLORER DRIVE, SUITE 150 208-385-0636 BOISE, ID. 83713 JOB NO. 3689 DATE 10/28/14