23-2375 City Well ESMT Easement Agreement City Well Overflow Pipeline. KB Home Idaho, LLC. Reference Reso 23-2374 CITY OF MERIDIAN RESOLUTION NO. 23-2375
BY THE CITY COUNCIL: BORTON, CAVENER, HOAGLUN,
OVERTON, PERREAULT, STRADER
A RESOLUTION APPROVING EASEMENT AGREEMENT (CITY WELL OVERFLOW
PIPELINE); AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE, ATTEST,
AND RECORD SAID INSTRUMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,KB Home Idaho, LLC ("Developer") has executed a special warranty deed to
convey its interest in Lot 1 in Block 7 of Graycliff Estates Subdivision No. 2 ("Well Lot") to the City
of Meridian("City") for use as a municipal well site; and,
WHEREAS, Developer desires to grant a non-exclusive easement to City over a portion of Lot
2 in Block 7 of Graycliff Estates Subdivision No. 2 for an underground pipeline for overflow water
from said Well Lot; and,
WHEREAS,the Easement Agreement(City Well Overflow Pipeline) ("Easement
Agreement"), which is attached hereto, grants to City a non-exclusive easement for the installation,
operation, maintenance, repair, and replacement of said pipeline;
NOW, THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF MERIDIAN, IDAHO,AS FOLLOWS:
Section 1. That the Easement Agreement is hereby approved as to form and content.
Section 2. That the Mayor and City Clerk be, and hereby are, authorized to execute and attest,
respectively, said Easement Agreement for and on behalf of the City.
Section 3. That the City Clerk is hereby directed to timely record the Easement Agreement in
the real property records of Ada County, Idaho.
Section 4. That this Resolution shall be in full force and effect immediately upon its adoption
and approval.
ADOPTED by the City Council of the City of Meridian, Idaho, this 21 st day of February 2023.
APPROVED by the Mayor of the City of Meridian, Idaho, this 21 st day of February 2023.
APPROVED: ATTEST:
Mayor Robert E. Simison Chris Johnson, City Clerk
RESOLUTION APPROVING EASEMENT AGREEMENT FOR UNDERGROUND PIPELINE PAGE I OF I
ADA COUNTY RECORDER Trent Tripple 2023-010569
BOISEIDAHO Pgs=5 NIKOLA OLSON 02/22/2023 09:56 AM
Recording requested by: CITY OF MERIDIAN, IDAHO NO FEE
City of Meridian
c/o Public Works Department
33 E.Broadway Ave.,Meridian,Idaho 83642
(Space Above for Recorder's Use)
EASEMENT AGREEMENT
(City Well Overflow Pipeline)
This Easement Agreement (this "Agreement") is entered into effective as of the date this
Agreement is recorded in the real property records of Ada County, Idaho (the "Effective Date")
by and between KB Home Idaho LLC, a Delaware limited liability company ("Grantor") and the
City of Meridian, an Idaho municipal corporation ("City"), whose current mailing address is 33
E. Broadway Ave. Meridian, Idaho 83642.
Grantor owns the real property that is legally described as follows (the "Easement Area"):
The northern twenty (20) feet of Lot 2 in Block 7 of Graycliff Estates Subdivision
No. 2, according to the official plat thereof recorded in the real property records of
Ada County, Idaho as Instrument No. 2022-090872, as further legally described
and graphically depicted on Exhibit A, attached hereto.
City owns the real property that is legally described as follows (the "Benefitted Parcel"):
Lot I in Block 7 of Graycliff Estates Subdivision No. 2, according to the official
0
plat thereof recorded in the real property records of Ada County, Idaho as
Instrument No. 2022-090872.
Grantor hereby -rants to City a non-exclusive easement over the Easement Area for installation,
operation, maintenance, repair and replacement of an underground pipe-line from the Benefitted
Parcel to the lands west of the Easement Area for the delivery of overflow water from the City's
municipal well located on the Benefitted Parcel. City covenants that it will restore the surface of
the Easement Area after any installation, inspection, maintenance, repair and replacement of the
underground pipeline,including any paving or landscaping located thereon,to as good of condition
as when entered upon by City. Grantor covenants that it will not place any permanent structures,
trees, or shrubs within the Easement Area which would interfere with the installation, operation,
maintenance, repair and replacement of the underground pipeline.
This Agreement may not be terminated or amended except by a written instrument executed by
Grantor and City, which instrument will be effective upon recordation in the real property records
of Ada County, Idaho. After five (5) years after the Effective Date, if the Easement Area is not
used by the City for the purposes set forth herein for a continuous period of one (1) year or more,
then Grantor may request that City terminate this Agreement, the approval of which will not be
unreasonably withheld, conditioned or delayed.
The right of City hereunder may be exercised by City's employees, agents or contractors.
The Agreement is subject to all matters of record or appearing on the land.
EASEMENT AGREEMENT PAGE 1 OF 5
COUNTERPART SIGNATURE PAGE
IN WITNESS WHEREOF, the parties to this Easement Agreement have caused it to be executed
effective as of the date this Easement Agreement is recorded in the real property records of Ada
County, Idaho.
Developer: KB HOME IDAHO LLC,
a Delaware limited liability company
By: 1
Thomas M. Coleman, Jr., President
STATE OF IDAHO }
ss.
County of Ada )
This record was signed before me on ��v��q�_�, L� .7c�Z� by Thomas M. Coleman, Jr. as
President of KB Home Idaho, LLC.
SABRINA DURTSCHI 7
COMMISSION#46693
NOTARY PUBLIC Diary Signature
STATE OF IDAHO
MY COMMISSION EXPIRES 04/27/2024
EASEMENT AGREEMENT PAGE 2 OF 5
COUNTERPART SIGNATURE PAGE
IN WITNESS WHEREOF, the parties to this Easement Agreement have caused it to be executed
effective as of the date this Easement Agreement is recorded in the real property records of Ada
County, Idaho.
City: CITY OF MERIDIAN
an Idaho municipal corporation
By:
Robert E. Simison, Mayor 2-21-2023
ATTEST:
By:
Chris Johnson, City Clerk 2-21-2023
STATE OF IDAHO )
) ss.
County of Ada )
This record was signed before me on 2-21-2023 by Robert E. Simison as
Mayor, and by Chris Johnson as City Clerk, of the City of Meridian.
Notary Signature
Residing in Meridian, Idaho
My Commission Expires: 3-28-2028
EASEMENT AGREEMENT PAGE 3 OF 5
EXHIBIT A
LEGAL DESCRIPTION AND GRAPHIC DEPICTION OF THE EASEMENT AREA
An easement located in the South 1/2 of Section 25, Township 3 North, Range I West, Boise
Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows:
Commencing at an Aluminum Cap monument marking the northeast corner of the SE 1/4 (E 1/4
corner) of said Section 25, from which a Brass Cap monument marking the northeast corner of
said Section 25 bears North 00025'47" East a distance of 2642.94 feet;
Thence North 89°29'05" West along the northerly boundary of said SE 1/4 a distance of 1320.30
feet to a 5/8 inch diameter iron pin marking the southwesterly corner of Meridian Heights No. 3
Subdivision as shown in Book 62 of Plats on Pages 6274 and 6275,Records of Ada County, Idaho,
also being the northeast corner of the NW 1/4 of the SE 1/4 of said Section 25;
Thence along the northerly boundary of said NW 1/4 of the SE 1/4 North 89°23'56" West a
distance of 1153.22 feet to the POINT OF BEGINNING;
Thence leaving said boundary South 51°44'45" East a distance of 32.74 feet;
Thence North 89°23'56" West a distance of 193.36 feet to a point on the westerly boundary of the
NW 1/4 of the SE 1/4 of said Section 25;
Thence along said westerly boundary North 00°27'25" East a distance of 20.00 feet to the Center
1/4 corner of said Section 25;
Thence along the northerly boundary of the NW 1/4 of the SE 1/4 of said Section 25 South
89°23'56" East, 167.47 feet to the POINT OF BEGINNING.
Contains 3,608 square feet, more or less.
EASEMENT AGREEMENT PAGE 4 OF 5
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EASF,iMENT AGREEMENT PAGE 5 of 5