Loading...
Water Main Easement with TNT Holdings, Inc. for Dutchman Motor SportsE IDIAN~- IDAHO TO: Mayor Tammy de Weerd Members of the City Council FROM: Steve O'Brien DATE: 7/18/12 Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: Water Easement for Dutchman Motor Sports - 1250 E. Piper Ct. I. RECOMMENDED ACTION A. Move to: 1. Approve a new easement for a new meter and hydrant serving the above referenced project. 2. Authorize the Mayor to sign the easement, and the City Clerk to attest. II. DEPARTMENT CONTACT PERSONS Bruce Chatterton, Director of Community Development Bruce Freckleton, Development Services Manager Scott Steckline, Land Development Supervisor Steve O'Brien, Development Analyst II Supervisor Approval Scott Steckline: Land Development Supervisor 489-1569 489-0362 489-0369 489-0371 Page I of I ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 5 BOISE IDAHO 081D8112 03:01 PM DEPUTY Gail Garrett RECORDED-REQUEST OF II I II II VIII II III III'll Meridian City i 12079712 WATER MAIN EASEMENT THIS INDENTURE, made this 1~ day of ~, 20 I2 between ~~l ~~ ,the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada ounty, Idaho, the party of the second part, 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 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 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 constuction, operafion, maintenance, repa'v, replacement of a water main over and across the following 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, addifional 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 HA VE AND TO HOLD, the said easement and 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 ofthe 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 described in this easement that was placed there in violation of this 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 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. Water Main Easement EASMT WTR 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 ofthe fast part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: ~_ Todd Ebeling Manager/ Membe of TNT Holdings LLC Tracey Eb ing Manager/ Member of TN Holdings LLC ~ zoo ~ PA~~ fit- ~~, .~ B3~yz Address STATE OF IDAHO ) ss County of Ada ) On this ~(~ day of ~u /~ 20~, before me, the undersigned, a Notary Public in and for said State, personally appe ed TGrI.~ ~ be I i n~ and -T ~GiG 2 ~.1 f `IP_ ~ i n~ ,known or identified to me to be Managers /Members, of TNT Holdings LLC that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written- P P~/~C L ..,,...,h pTfWy •: ~ • ~ • r r • ~ '0UB1.\G ~' O i S'•. .• ~. ~~ 4~~iq~~OE,,~P ~~ NOTARY PUBLIC FOR IDAHO Residing at i Q,vt Commission Expires: L Zv / Water Main Easement EASMT WTR GRANTEE: CITY OF MERIDIAN ~~ QDnp4bD AUDbST _PL°d/y~i/~ GDS j 90 Tammy de er ,Mayor ~ ~, c;ryoe ~~ O . A.L a l , ~~ SF.AI. ,'" Attest by cee L. Holman, City Clerk FR O~~de THE A9b0.t Approved By City Council On: ~y ~/~ STATE OF IDAHO ) ss County of Ada ) On this ~ day of , 201 ~- ,before me, the undersigned, a Notary Public in and for said State, person Ily 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 WITNES S WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ._. . ~~ ~ A F' .. ~,,.,~+ gg ~V~j •~ ~ ' ~ NOTARY PUBLIC FOR IDAHO ~ ~ ~,:~ ALf •,'!~+~ Residing at: ~~ r Q r n. .Ej ~ Commission Expires:~~ ,~DI& ,~ j'g6V~G•~' • '•;~4~~OF ~~~•• Water Main Easement EASMT WTR 0 v II 6~~r ~ Q U Vl p 2W O~ ~o Sv ~ \ 2 ~W O Z ? M w ~ g Q W ~ p ~ O ~ (¢j J ,~ O 2 ~ ~ ~ ~ z U ~O ~ O ~ Q ~ 4i /' ' j a y ¢ 1 l W M Q ~ QO~Q Q ~¢~~ ~ ~ O J ,VC ' ~ y ~ Y J ~ O m ¢ ~ W D, ~ ~ ¢~a U 2 °~ ¢ J O ~ wa Q Q n O Q O dl 2 IC~~ W J 2 v 2 ~ Q Q ~ ~ m ~ a W o 4 2 ~ ti ~ J ~ W ~ W ¢ W Z ~ ~ W Z J ti ~ W ¢ to 3 2 Z ~ Z O N _ \ Z ' ~ O O O W ~ , ~ ~ U W m j Z ti O v Z 2 m O ti 2 O a ~ • ® O ~ O 0. '~ o o o o o 0 Z O O M N O O O Q a N IN h O O N N '- ~- N 0 J m w w 3 w 3 3 ti ^ a ~ a ~ ~ 2 (7 ~ oo .- m :- :- ~ Z O ~ O ~ 0 0 O ~ 0 ~ W ~ a 0 0 0 0] UI Z Z Z Z Z w Z J ~ J [~ M J sh J ~[1 J t0 J ~_ ~J O~~ O ' `^ ,61'OOZ 3 „£4,OS.00 N h M N 3 a+ m q.. OS'S4 w i M „£4,BS,00 S ~~p AIM n'l V~ J m i ~ ~ Z7 ti~41 ~ m O a V ,66~69Z 3 „6S,6Z.00 N NOlSl~/08~5 3~b'7d ~117V8 w r. 0 o o ~ N ti o ~ U ~ 4 ~ IQ I ~_ W ~I I 1Z o L~-.1 ~ Q tl, IV l `~ JVnJ ~ m ~ ~ z ~o ~ ~. „Q!! N x 0, ~O 0 W W ~i N / b 0 N ~ 3 O o ~ r o - . N ' O m z ,00'SB 3 „f4,OS.00 N O K>=.STRL.L LAND SURVI~YING EXHIBIT A Legal Description For A Public Water Easement An easement for public water lines located on a portion of Lot 3, Block 1, of Medimont Subdivision No. 1, recorded in Book 75 at pages 7794 to 7795, Records of Ada County, situated in the N.E. quarter of Section 18, Township 3 North, Range 1 East, Boise Meridian, Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Southeast corner of said Lot 3, thence along the Southerly lihe of said Lot 3, North 89°01'17" West a distance of 10.00 feet to a point of intersection with the Westerly line of an existing 10.00 foot wide permanent utilities, drainage and irrigation easement, per note 3 of said Plat of Medimont Subdivison No. 1, thence leaving said Southerly line and along the Westerly line of said easement North 00°58'43" East a distance of 85.00 feet to an angle point in said easement line, thence along the Northerly line of said easement, South 89°01'17" East a distance of 4.00 feet to the Real Point of Beglnning; Thence leaving said Northelry line, North 00°58'43" East a distance of 28.00 feet to a point; Thence North 89°01'17" West a distance of 15.30 feet to a point Thence North 00°58'43" East a distance of 17.50 feet to a point; Thence South 89°01'17" East a distance of 35.30 feet to a point; Thence South 00°58'43" West a distance of 45.50 feet to a point on said Northerly easement line; Thence along said Northerly line, North 89°01'17" West a distance of 20.00 feet to the point of beginning. Said easement contains 1,178 square feet more or less End of Description Project No. 12-131 June 28, 2012 1614 W. Hi[! Rd., #6, Boise, ID 83702 (208) 888-7345