Water Main Easement with Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter Day Saints for ParamountInternal Memo
70: Jaycee Holman;
From: Denny Cline, Deveopment Analyst II
CC: Scott Stedcline, File
Date: 9124/09
Re: Proposed Agenda Item for October 6, 2009 City Council Meeting
The Development Services Division of the Public Works Department respectfully requests the
folbwing item be placed on the October 6, 2009 Clty Council Consent Agenda, for Council's
consideration:
Recommended Council Action: the Development Services Division of the
Public Works Department recommends that City Council approve this water
easement document for Paramount LDS Church.
Thardc you for your consideration. Please contact me should you have any questions or
concerns regarding this item.
From the desk ot...
Demy Cline
Devebpment Analyrt II
Meri6m Public Worts DepaNr~ent
33E. Broad~.ay Ave, Suite 702
Medtlian, IOaM 83642
(208)8985500
Fax (208)887-1297
• Page 1
This easement provides The City of Meridian access to a new water main being installed
across Lot 3, Blodc1, in the Paramount Church Subdivision for a LDS Church.
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 ;
BOISE IDAH010/13/09 10:21 AM
DEPUTY Bonnie Oberbillig III I IIIIIIII IIII VIII I II II III III II ~II
RECORDED-REQUEST OF
Meridian City 1 E~~ 11 G~~~#
WATER MAIN EASEMENT
THIS IlvDEIV'1'CJR,E~ made this day of TIJIY ~ , 20Q~between
Corteration of rite P+es ding Bishop ot~e C~uroh a~ es of the Srst part, and hereinafter called the
r o aIdaho, the party of the second part, and hereinafter
called the Grantee;
WTTNF.SSETH:
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 is to be provided for through an underground pipeline to be
conshucted 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 ~ received by the Grantors, and
other good and valuable consideration, the Grantors do hereby give, grant and convey Hato
the Grantee the right-of--way for an easement for the operation and maintenance of a water
main at the convenience of the Grantee over and across the following descn'bed property:
(SEE ATTACHED EXHIBIT A and B)
The easement hereby granted is for the purpose of construction and operation of a water main
and its allied facilities, together with maintenance, repair, replacement and subsequent
connection thereto of water mains et 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.
1T IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,
that after making regains. performing other maintenance or making subsequent connection to
the water main, Grantee shall restore the area of the easement and adjacent property to that
existent prior to undertaking such construction,repairs and maintenance. However, Grantee
shall not be responsible for repairing, replacing or restoring anything placed within the area
descn'bed in this easement that was plceed there in violation of thfs easement.
~7+ of meridian, Idaho
Water ]Rain Easement EASi~i'f.VlffR 1-29-091-
29-~.doc
TF~ GRANTORS hereby wvenaat 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 easentea4 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 herebygtanted 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 paR thereof, shall cease and become
null and void aad of no further effect and shall be completely rolinquished.
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 oD coavey said easement, and that they will warrant and forever defend the title
and quiet possession thereof against the lawAtl claims of all persons whomsoever.
IN WffNESS WHEREOF, the saidparties of the firstpaRhave hereunto aubacribedtheirsigaanues
the day and year first hereto above written.
Comoration of the Residing Btstbp of the Church of
G~OR: sus Christ attatter-day Sairds, a Ulah caryoratlon sok.
r
AuTHOrZ7t•EA /{hE/V1-
Secretary
OF IDAHO
County of
1~SV5 CMR~S ~+
1ssQ~.G~PQO~T/0 r°
T' O OF THE 2 ~~
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~ • •''
S~~tL ,n,
s :4 Q a ~'
~~ 0 • ~ ' glaed~
j ss NOTA,IZy ~CF4Nawt,~t~6ts`~1E"uj"
~ ,~-~r~cNED
On this dayo ,7A .beforetne,theundersigned,aNotary
Public is and for said State, p .,Qnally appeared
and ~ lmown or identified to the to be the
President and Secretary, respectively, of on that exceuted the within instrument, and
aclmowledged ro me that such corporaflon a~x~• te~the same.
IN WITNESS WHEREOP, I have hereunto set my hand
fist above written.
(SEAL)
City of maidlan, Idaho
Water Main FJfement
29-09.doc
seal the day and year
---
NOTARY PUBLIC FOR IDAHO
Residing at:
Commission Expires:
1?ASMT.MR 1-29-09 I-
STATE OF UTAH
ss
COiJNTY OF SALT LAKE )
On this x Julp 2009, before me, D. Todd Evans, a notary public, personally appeared,
T~v F ~.~ , Authorized Agent for Corporation of the Presiding Bishap of the
Churclri of Jesus Christ of I,attcr-day Saints, a iJtah corporation sole, proved on the basis of
satisfactory evidence to be the person whose name is subscribed to [his instrument, and
aclcnowledgcd he executed the same for and on behalf of said corporation.
D. TODD EVANS NOTARY PUBLIC
N67ARY PU9LIC • STATE OF UTAH
~ CorranlsalonN575213 Residing et: ~l~r IGd ('OV-vTy
My Cantu. Exp. 09/06!2012 My commission expires: O - D ~ / L
GRANTEE: CITY OP MERIDIAN
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Cj `~GpR~~A TFO
a7~r~IJ =
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Approved sy city council On: ~l~~R ~ ~ll~ 9
STATE OF IDAHO )
ss
County of Ada )
•rH'
On this ~ day of , 20,.,~, before me, the undersigned, aNotaryPnbIic is
and for said State,personallyapgearedTAAdMYDE WEERD and JAYCEEL. HOLMAN, known to
me to be the Mayor and Cit_ y Clerk respectively, of the City of Meridian, Idaho, aad who. executed
the within insttuanent, aad ackaowled~ed to me that the City of Meridiaa executed the same.
IN WITNESS WidEREOF, I have hereunto set my head
first above written.
(SEAL)
-`~~~~' U. FRS
4 ~pTARY
o.
~~~
J-U91„1~'
:`r~- ~-p
Residing at; ,
Commission
myofficial seal dayandyear
i
O'ity of merldiaa, Idaho
Water Main Easement EASMZwTR 1-29-t~ 1-
Z9-09.d~
NarthWest, LLc
423 N. Ancestor Place. Suite 180
ProjectNo. 08-004-01 Date: Mazeh 31, 2009
EXAIBIT A
PARAMOUNT CHURCH SUBDIVISION
WATER LINE EASEMENT DESCRIPTION
An easement over a parcol of land located in the NE 1/4 of the SE 1!4 of Section 25,
T. 4 N., R.1 W., B. M., Meridian, Ada County, Idaho, store particularly described as follows:
Commencing at the section corner common to Sections 25 and 36 of said
T. 4 N., R 1 W., and 5octions 30 and 31 of T. 4 N., R. 1 E., B.M.;
Thence North 00°23'20" East, 2640.13 feet on the section line common ib said Sections
25 end 30 to the 114 Section Corner common to said Sections 25 and 30;
Thence rovetsing direction, South 00°23'20" West, 119.99 foot on said section line to the
southeast corner of Paramount Subdivision No. 15, as snare is shown on the Plat thereof recorded
in Book 99 of Plats at Page 12762 of Ada County Records;
Thence North 89°36'40" West, 172.45 feet on the southerly boundary line of said
Paramount Subdivision No. 15 to the REAL POINT OF BEGINNING of this easement;
Thence Soud100°2320" West, 128.26 feet;
Thence North 89°36'40" West, 165.95 feet;
Thence South 00°23'20" West, 10.50 feet;
Thence North 89°36'40" West, 10.00 feet;
Thence North 00°23'20" Bast, 10.50 feet;
Thence North 89°36'40" West, 14.51 feet;
Thrace South 00°2320" West, 224.00 feet;
Thence South 89°36'40" East, 134.51 feet;
Thence North 00°2320" Bast, 33.90 feet;
Thence South 89°36'40" East, 11.50 fat;
Panm"uvtQwet, Sub Warm Batamacrt Decc.doc P"{e 1 of 1
Thence South 00°23'20" West, 33.90 feet;
Thence South 89°36'40" East, 201.9D feet to a point on-the future westerly right-of--way
line of North Meridian Road;
Thence South 00°23'20" West, 20.00 feet oa said future right-of--way line, said line being
35.00 feet westerly of and parallel with the section line common to said Sections 25 and 30;
Thence leaving saidright-af-way line, North 89°3fi'40" West, 235.40 feet;
'T'hence South 00°23`20" West,S8.50 feet;
Thence North 89°36'40" West,10.00 feet:
Thence North 00°23'20" East,18.50 feet
Thence North 89°36'40" West, 122.50 feet;
Thence North 00°23'20" East, 264.00 feet;
Thee South 89°36'40" East, 210.45 feet;
Thence North 00°23'20" East, 108.26 feet to a point on the southerly boundary line of
said Paramount Subdivision No. 15;
Thence South 89°36'40" East, 20.00 feet on said southerly boundary line to the real point
ofbeginning.
James R. Washbarn, PL5
e~,nwn ran s~ waxy ea«"nrc oae.eo° ea.: °r~
PREPARED BY:
Enpneertag NorthWeat, LLC
PARAMOUNT CHURCH SUBDiVIS14N
WATER LINE EASEMENT EXHIBIT B
SCALE: 1 ° = 100'
5.25 15.36
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w. PRODUCER oR. ~~~
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LIME TABLE
LINE HEMING LENGTH
L-! sod'23. 20'v to, so'
L-2 Nft9'36'40•Y 10.00'
L-3 N00.23. 20' E 10. SO'
l-4 N89' 36' 40' Y ! 4. 51'
L-S N00.23' 20' E 33. 90'
L-6 S89' 36' 40' E l1. SO'
l-7 S00.23'20'Y 33.90'
L-8 500.23.20'V 20.00'
L-9 500.23.20' Y 1& SO'
L-10 N89'36'40'Y 1Q 00'
L-il N00. 23.20'E 1&9d
L-12 S89'36'40'E 20. 00
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w. MaaaLAN ROAD _ _ _
2
S.25 S.30
S.36 S.31