Public Utilities, Irrigation and Lot Drainage Easement with Dyver Development, LLC for Silverstone Subdivision.~
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 4
BOISE IDAHO 04!05107 01,38 PM r r
DEPUTY Lisa Irby ~~~ ~~~~~~~~~~~I~~~~~~~~~~~~~~~~~I ~ ~~~
RECORDED-REQUEST OF 1 g~~4g 1$~
City of Meridian
PUBLIC UTILITIES, IRRIGATION AND LOT DRAINAGE EASEMENT
THIS INDENTURE, made this day off ~`O~between Dyver Development, LLC ,the
parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County,
Idaho, Qwest, Intermountain Gas Company, Idaho Power company, Cable One and Settlers Irrigation
District, parties of the second part, and hereinafter called the Grantee;
WITNESSETH:
WHEREAS, the Grantors desire to provide a public utilities, irrigation and lot drainage
easement across the premises and property hereinafter particularly bounded and described;
Lots 3 and 4, Block 1 of Silverleaf Subdivision No. 1 as filed in Book 93 of Plats at Pages
11103 through 11105, records of Ada County, Idaho
and;
WHEREAS, future public utilities, imgation and lot drainage may be provided located
within said easement; and
WHEREAS, it may be necessary to maintain and service said public utilities, irrigation and
lot drainage facitlities 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 an easement for the operation and maintenance of public utilities, imgation and
lot drainage over and across the following described property:
(SEE ATTACHED EXHIBIT A)
The easement hereby granted is for the purpose of construction and operation of public
utilities, irrigation and lot drainage and their allied facilities, together with their maintenance,
repair and replacement 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 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 or performing other maintenance, Grantee shall restore the area of
the easement and adjacent property to that existent prior to undertaking such 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.
Sanitary Sewer and Water Main Easement
utility easement.doc
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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: ,~'/
~~
Corev Barton
Manager
Dyver development, LLC
STATE OF IDAHO )
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County of Ada )
On this ~_ day of MQ.~'G~ , 20 d1, before me, the undersigned, a Notary
Public in and for said State, personally appeared Corey Barton , known or identified to me to
be the Manager of Dyver Develpoment LLC, of the Limited Liability Company that
executed the within instrument, and acknowledged to me that such Limited Liability
Company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year fist above written.
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Sanitary Sewer and WateP
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NOTARY PUBLIC FOR IDAHO
Residing at: -~~
Commission Expire-D -~-OI b
utility easement.doc
Page~D~
GRANTEE: OF MERIDIAN
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test by William G. Ber ,City Cleric ~L~~~ _
Approved By City Council On: ~ r
STATE OF IDAHO, )
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County of Ada )
On this ~~~ day of ~~' ~~ , 2007, before me, the undersi ed,
~iLlti~2Cc. ( a Notary Public in and for said State, personally appeared and WILLIAM
G. BERG, JR., known to me to be the and City Clerk, respectively, of the City of
2re ~ ~,~ 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)
NOTARY PUBLIC FOR IDAHO
Residing at: ~'~'le_ ~~~c~ ~~
Commission Expires: l ~-GS- Cl
Sanitary Sewer and Water Main Easement utility easement.doc , ~1.
PageOr,.,~._.
IDAHO..
SURVEY
CROUP
Project No. 06-208
EXHIBIT A
DESCRIPTION FOR
IRRIGATION AND DRAINAGE EASEMENT
SILVERLEAF SUBDIVISION NO. 1 PLA
1450 East Wacercower Sc
Suite 150
Meridian, Idaho 83642
Phone (208)846-8570
Fax {208) 884-5394
January 25, 2007
A 10.00-foot wide public utilities, irrigation and lot drainage easement located in
Lots 3 and 4, Block 1 of Silverleaf Subdivision No. 1 as filed in Book 93 of Plats at
Pages 11103 through 11105, records of Ada County, Idaho located in the SW1/4 of the
NW1/4 Section 26, T.4N., R.1 E., B.M., Meridian, Ada County, Idaho more particularly
described as follows:
BEGINNING at the SE corner of said Lot 3;
feet;
thence along the South boundary line of said Lot 3 North 89°09'47" West, 2.52
thence leaving said South boundary line North 00°50'13" East, 100.00 feet to a
point on the North boundary line of said Lot 3;
thence along the North boundary line of said Lots 3 and 4 South 89°09'47" East,
10.00 feet;
thence leaving said North boundary line South 00°50'13" West, 100.00 feet to a
point on the South boundary line of said Lot 4;
thence along the South boundary line of said Lot 4 North 89°09'47" West, 7.48
feet to the POINT OF BEGINNING.
Prepared by:
Idaho Survey Group, P.C.
Y:\SILVERLEAF N0.1 LLA (L3&4,B1)\Documents\Easement irrigation Desc.doc
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Gregory G. Carter, P.L.S.
Meridian City Council
March 20, 2007
Page 4 of 28
M. Approve Public Utilities, Irrigation & Drainage Easement for
Dever Development, LLC for Lots 3 and 4 Block 1, Silverleaf
Subdivision:
N. Approve Purchase Order for Materials Testing and Inspection
for Oversight and Testing of Environmental Cleanup for New
City Hall Project for $20,080.00:
Borton: Item No. 5. Consent Agenda.
Zaremba: Mr. President, I move we accept the Consent Agenda with the note that the
resolution number for G is 07-549.
Rountree: Second.
Borton: It's been moved and seconded to adopt the Consent Agenda as published.
Mr. Berg.
Bird: Question.
Borton: Oh.
Bird: Did the motion included the president sign and the clerk to attest on all papers?
Zaremba: I'm sorry, I forgot that part. And, yes, would the president sign and the clerk
to attest on all papers.
Rountree: Second agrees.
Borton: It's been moved and seconded to approve the Consent Agenda as published.
Mr. Berg, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Item 6: Department Reports:
A. Mayor's Office:
1. Appointment of Planning and Zoning Commissioner:
Borton: Thank you. Item No. 6 is a department report, which we are going to continue
at least to the end of the agenda, until that department is present.