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-
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Water Main Easement EASMT WTR
GRANTEE: CITY OF MERIDIAN
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Tammy de er ,Mayor ~ ~, c;ryoe
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Attest by cee L. Holman, City Clerk FR O~~de THE A9b0.t
Approved By City Council On: ~y ~/~
STATE OF IDAHO )
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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.
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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