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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 ~SE~' ~t-N'EGOS' '•'•. ,~v~t ~rRY ': '• ~••.....•'' O~ .•~ ••'•. STpTti ,~~. b~~h~mu'N~~. /~~•~ ~ LN 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'/. ~~~RP~TFp 2 '' _ $EAL _- ,,,,, cwrvTY `oP\,,,,~ 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. ~,.....~ .•1GA ~DIV~•.~ (SE~~,~ ~, ; N A Y PUBLT FO HO Residing at: ~ ~~ , ~. ~~A hO ~~, : Commission Expires: ~~ ~ l.~ , ~ c~ f ~~ • ,, ~[~1G,,~o• ~• ~',`~l,~ f;F OF t~ i ••..... Water Main Easement Meridian Water Easement ~l 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. I1:\05161\WPfiles\SURVEY\WATER EASEMENT VACATION\ExhA-New Water EasenrenLdoc c,7%i S~i~ id' C'~wl~ ~ ~d 13glsc. I i 8 ;111 Phone (i0&r .,LS-22813 Fax (; O~i; .,J:~ ~3c~~ it f~,~~i!to cnyinr~::rs ~on~ to~enyineers cony Aviation ~ Transportation ~ Land Development ~ Landscape Architecture ~ Municipal ~ Water Resources ~ Surveying a~ 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 +31 I-- ~-- -- 4 46 0 44 20' C't f M 'd' ~m c ~~ 0 N ~I~ O N tD N w n N b 0 z o 0 M o q ~ 36 31 ~ 1 6 i y o eri ian ~ Water Easement ~ ~ ° 48 ~ ~ z W ~ z 0 0 0 In ~ I N ~ ~ I Z m N N _S89'34_42"E 353.52' _ w Survey Tie Line L2 ~ ~ U EASEMENT LINE TABLE LINE BEARING DISTANCE L1 S89'33'24"E 20.00' L2 N89'34'42"W 20.00' 0 25 50 100 150 ~~, 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. 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