Water Main Easement Settlers Crossing, LLC Sundance Sub No. 5~~i~E IDIAN~--
Public ~ D A H O
Works Department
TO: Becky Licari
Engineering Department
FROM: Steve O'Brien
DATE: 3/29/10
SUBJECT: Water Main Easement for Sundance Subdivision No. 5
Mayor Tammy de Weerd
pty Ceandl Membert~
Keith Bird
Brad Hoaglun
Charles Rountree
David Zaremba
Attached is a water main easement and memo to be forwarded to council for approval and signatures.
Thanks
Page 1 of 1
~~i~E IDIAN~--
Public IDAHO
Works Department
TO: Mayor Tammy de Weerd
Members of the City Council
FROM: Steve O'Brien
DATE: 3/29/10
Mayor Tammy de Weerd
CRy Cwnsll Mew~bers~
Keith Bird
Brad Hoaglun
Charles Rountree
David Zaremba
SUBJECT: Water Main Easement for Sundance Subdivision No. 5 (AKA Settlers
Crossing) Lots 45, 46 and 52 Block 7
I. RECOMMENDED ACTION
A. Move to:
1. Approve a Water Main Easement for the City of Meridian.
This easement is to replace a vacated water main easement in lots 45, 46 and 52,
block 7 of Sundance Subdivision No. 5. The original easement was vacated to
make room for a proposed building. The new easement will provide access to
the existing water main and water meters providing service for the future
building.
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
Steve O'Brien, Development Analyst II
Supervisor Approv
S t St kline
489-0372
489-0362
489-0369
489-0371
Page 1 of 1
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00
BOISE IDAHO 0114110 01:59 PM
DEPUTY Vicki Alien III I~II)(I'III~II'~I~'II('I'I~II" ~II
RECORDED-REQUEST OF 119033'~~7
Meridian City
WATER MAIN EASEMENT
THIS INDENTURE, made this day of , 20 ! 0 between Settlers Crossing LLC. the parties of the
first part, hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the
second parr, 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
V~'HEREAS, the water main is to be provided for through an underground pipeline to be constructed
by others; and
WI~REAS, 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 for the construction operation, maintenance, repair, replacement ofa water
main over and across thefollowing 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 additional connection thereto, 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 easementand 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
construction, making repairs, performing other maintenance or making subsequent connection to the
water line, Grantee shall restore the area of the easement and adj acent property to that existent prior to
undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for
repairing, replacingor restoring anything placed within the area described in this easementthat was
placed there in violation of thiseasement.
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 saideasement, 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
Water Main Easement Meridian Water
Easement
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 subscribedtheir signatures
the day and year first herein above written.
GRANTOR:
~\
Wm. David Evans, Manager
SETTLERS CROSSING LLC.
STATE OF IDAHO
ss
County of Ada )
On this 3 / day of ~~r , 20 ~ o ,before me, the undersigned, a Notary
Public in and for said State, personally appeared Wm. David Evans ,known or identified to
me to be the Manager of Settlers Crossing LLC or the person who executed the instrument
on behalf of said Limited Liability Company, and acknowledged to me that Settlers Crossing
LLC executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year fist above written.
~~I
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NOTARY PU IC FOR IDAHO
Residing at: /~r~O~-+r-, -1=~
Commission Expires: ~3-7-~ ~
Water Main Easement Meridian Water
Easement
GRANTEE: CITY OF MERIDIAN
Tammy de Wee ayor
Attest b ycee Holman, City Clerk
Approved By City Council On:
STATE OF IDAHO,
County of Ada
ss.
`\\\`,~G\~~ OF NA~~9~~i'/.
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On this ~ ~~ day of _, 2010 before me, the undersigned, a
Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE 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 thsame.
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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(SE~~,~ ~, ; N A Y PUBLT FO HO
Residing at: ~ ~~ , ~. ~~A hO
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Water Main Easement Meridian Water
Easement
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T-O ENGINEERS
Project No: 05161
Date: February 3, 2010
Page: 1 of 1
EXHIBIT "A"
WATER EASEMENT
A 20-foot wide easement located within Lots 45, 46 and 52, Block 7 of Sundance Subdivision No. 5,
situated within the SW '/a of Section 31, Township 4 North, Range 1 East, Boise Meridian, City of
Meridian, Ada. County, Idaho, being more particularly described as follows:
COMMENCING at the Southwest corner of said Section 31, from which the West quarter corner of
said Section 31, bears N.00°51'27"E., 2650.12; thence, along the West line of said Section 31,
A) N.00°51'27"E., 300.00 feet; thence, leaving said West line,
B) 5.89°34'42"E., 353.52 feet to the POINT OF BEGINNING; thence,
1) N.00°51'50"E., 92.17 feet; thence,
2) 5.89°33'24"E., 20.00 feet; thence,
3) S.00°51'50"W., 92.16 feet; thence,
4) N.89°34'42"W., 20.00 feet to the POINT OF BEGINNING.
CONTAINING: 0.042 acres, more or less.
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36
EXHIBIT "B"
A 20-FOOT CITY OF MERIDIAN WATER EASEMENT WITHIN LOTS 45, 46
& 52 BLOCK 7 OF SUNDANCE SUBDIVISION N0. 5, LOCATED IN THE
SWl/4 OF SECTION 31, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE
MERIDIAN, ADA COUNTY, IDAHO
2010
SUNDANCE SU DIVISION N0. 3
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EASEMENT LINE TABLE
LINE BEARING DISTANCE
L1 S89'33'24"E 20.00'
L2 N89'34'42"W 20.00'
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~~, T-O ENGINEERS
9777 CHINDEN BOULEVARD
BOISE, IDAHO 83714-2008
PHONE: 12081323-2288 FAX: 12081323-2399
E-FlLE: H:\05161\STEP AHEAD WATER DATE FEB, 2010 J06:05161
MERIDIAN SANITARY SEWER ~ ~ \ Q
& WATER EASEMENT
PER SUNDANCE SUB. N0. 3 ~ ~ - -~ Z
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