Water Main Easement with Allen, Larry and Gladys Private Road for Diamond View Assisted Living~ ~~i~/~E IDIAN~-
Public ~ D A H O
Works Departs~ner~t
TO: Mayor Tammy de Weerd
Members of the C~ityn Council
FROM: Denny Cline 4i=~^"~
DATE: 1/14/10
SUE.IECT: Water Main Easement for Diamond View Assisted Living
I. RECOMMENDED ACTION
A. Move to:
Mayor Tammy de Weerd
~ c.4~ i~.m~.~
Keith Bird
Brad Hoc~lun
Ciwrles Rourrtree
David Zaremba
I. Approve a Water Main Easement for the City of Meridian. located in
_Martinel Subdivision, Lot 1, Block 1, within a Private Road Easement bony
and Gladys. Allen (husband and wife).
This easement provides The City of Meridian access to a new water main being
installed in a private road, Martine] Lane, owned by Larry and Gladys Allen.
This water main will be extended to the adjacent property to the east, to provide
service for the Diamond View Assisted Living facilities.
2. Authorize the Mayor to sign the easement.
II. DEPARTMENT CONTACT PERSONS
Tom Barry, Director of Public Works
Bruce Freckleton, Development Services Manager
Scott Steckline, Land Development Supervisor
Denny Cline, Development Analyst II
• ~ ~~
489-0372
489-0362
489-0369
489-0363
Page l of 1
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00
BOISE IDAHO 01/21/10 01:30 PM
DEPUTY Gail Garrett
RECORDED-REQUEST OF III IIIIIII'lllll'III'IIIII"III'II II
Meridian Clay 11 ~EI~7~47
WATER MAIN EASEMENT
THIS INDENTURE, made this [~~fiay of January, 2010, between Larry and Gladys Allen (husband and
wife), the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County,
Idaho, the party of the second part, and hereinafter called the Grantee;
WIT'NESSETH:
WHEREAS, the Grantors desire to provide a water mainright-of-way across the premises and property
hereinafter particularly bounded and described; and
WHEREAS, the Grantors intend that this easement is to allow a water main connection to the
property located at 3570 E. Amity Road, Parcel #6505 OF SW4SW4 SEC 28 3N lE and future
connections for the use of Grantor's property located at 4617 S. Martinel, Parcel # Lot 1, Block 1 of
the Martinel Subdivision, and no other; and
WHEREAS, no further extension of this easement shall be granted without the express written
approval of Grantors; 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 &nm time
to time by the Grantee;
NOW, THEREFORE, in consideration of the benefits to be received by the Grurtors, and other good and
valuable consideration, the Grantors do hereby give, grant and convey unto the Granteetheright-of-way
for an easement for the construction, operation, maintenance, service, repair, replacement of a water
main over and across the following described property:
(SEE ATTACHED EXHIBIT A and B)
The easement hereby granted is solely for the purpose of construction and operation of a water line 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, and that other land. use are not
being conveyed and that title to the land is not being conveyed herewith.
TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantce, it's successors
and assigns forever.
IT IS EXPRESSLY iJNDERSTOOD AND AGREED, by and between the parties hereto, that after
construction, making repairs, performing other maintenance or making subsequent connection to the
water line, 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 placid within the area described in this easement that was
placed there in violation of this easement.
Water Main Easement
•
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 oftheright-of-way
and easement hereby granted shall become part of, or lie within the boundaries of any public stn#, then,
to such extent, suchright-of-way and easement hereby granted which lies within such boundary thereof
or which is a part thereof, shad cease and become null and void and of no further effect and shall be
completely relinquished.
TME GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of
the aforementioned aml described trract of [and, 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 WITriESS WHEREOF, the said parties ofthe first paR have hereunto subscribed their signatures the
day and year first herein above written.
C
GRANTORS:
~„"., :C.
Larry All~n
.~
-.=
Gladys Allen
STATE OF IDAHO )
ss
County of Ada )
On this ~~~~ day of January, 2010, before me, the undersigned, a Notary Public in and for said
State, personally appeared Larry and Gladys Allen. known or identified to me to be the persons}whose
names are subscribed to the within and foregoing instrument, and acknowledged to me that they executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my officsal seal the day and year fist
~'
above vvritt~.
~~SEAL) ... , , _. ~
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NOTARY PUBLIC F R IDAHQ
Residing at > - c-~ rd ~ !~
Commission Expires:L - - ?.~' / Z--
Water Main Easement
GRANTEE: CITY OF MERIDIAN
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Tammy de Mayor
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Attest by Jay L. Holman, City Clerk
Approved By City Council On: ~
STATE OF IDAHO,
County of Ada
. ss.
On this day of _ an ~ _~_, , 20 ln, 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.
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SEAL ®°,;>'J~O't AR~~~•
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NO Y PUBL FO AHO
Residing at: }~ v n0. . ~d0.~ o
Commission Expires: o~ - o y- Z o t ~4
Water Main Fasemem
•
•
COMMF,NCING at a 518-inch iron pin marking the southwest corner of said SW t /4 of the
SW 114, said point referenced in C.P.&I~. Instrument No. 1663000966, on file in the Office of the
Recorder, Ada County; thence along the south boundary of said S W 1 /4 of the S W 1/4.
A) 5.89°17'05")~., 888.11 feet; thence leaving said south boundary,
Y) N.00°32' 14"E., 25.00 feel tv a point on the south boundary of said [.ot 1, said
point being the POINT OF BFGINNING; thcncc,
2) N.00°32' l 1"F'.., ~195.7~1 feet. thcncc,
3) 5,89°06'31"F.., 31.00 Feet to a point on the cast boundary of said Lot l; thence
along said east boundary.
4) 5.00°32' 14"W., 20.00 feet; thence leaving said cast boundary,
5) N.89°06'31"W., 11.00 feet; thence parallel with the east boundary of said l.ot 1,
6) S.00°32' 14"W., 475.68 feet to a point on the south boundary of said Lot 1; thcncc
alont; said south boundary,
7) N.Br>°17'OS"W., 20.00 feet to the AOINT OF BFGINNING.
CONTAINING 10,134 square feet, more or Icss.
SUBJIC'1' "1'U a Private Road Casement as shown on the plat thereof of Martinel Subdivision on
file in plat book 66, page 6764 and to all other Easements, Rights,. Rights-of--way and till other
Encumbrances of record or implied.
L:1 Project Files\ 008051 \Survey\I,egalC?escriptions\IO' Water Esmt. Lot I Martine) Subd.doc
This easement is situated on Lot I of Block 1 of Martincl Subdivision vn file in book 66, page
6764 in the Office of the Recorder, Ada County, Idaho and is more particularly described as
t~~llows:
•
SECT)[pN 28, T.3N., R.1 E., B.M.
~~
LEGEND
------~--~ EXHIBIT LINE
- - - SECTION LINE
._ _ ._ ._ _... EXISTING EASEAAENT
------ BOUNDARY LINE
r
--- ~ ~--- LINE NOT T4 SCALE
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'' FOUND 5/8" IRON R~
ti~ ~ CALCULATED POINT, `K-
NOT SET
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POINT OF s
.. HEGIkVNING .. ' 1 ~ !
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!~ 33 ~~ satrkras-~ k]SO,1r' EAST AMI'I'X ROAD _ ~ '~' -
POIIVT OF COMMENCEMENT
~0~051 N0• DIAMONII VIEW ASSISTED LIVING ,,,~
20 ~'ODT 'V{~IDE WATL~R EAS~~VIENT >~~~~
SHEET » n oitQ+ er, i+~:m:..r<,n u:;r :.l'.:: ""
of , EXHIBIT B ,~ $T ~I~KI
r~lERlotw lp~p FRITZ alt wnlew.