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
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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
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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:
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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.
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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
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EASMT WAT I I-15-13.doc
TEALEY'S LAND 12594 W. Explorer Drive, Suite 150 • Boise, Idaho 83713
SURVEYING (208) 385.0636
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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.
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1 VOLTERRA HEIGHTS SUBDIVISION
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T.4N., R.IW., B.M.,
e°reQ�N� MERIDIAN, ADA COUNTY, IDAHO
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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.
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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