Water Main Easement with 2D LLC for Camp Bow Wowr ~ Mayor Tammy de Weerd
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City C®uncil iViernF~er~:
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~~ ' ~ l ~ ~ ~ 1 ~ ~ ~~~~~ Keith Rird
~ i~ ~~ I' ~~ .~~,. ~, .~'~.~~~, ~ _ -~ Rrad Hoaglun
' Charles Rountree
David Zaremba
TO: Mayor Tammy de Weerd
Members of the City Council
FROM: Ste>>e O'Bi°ien
DATE: 10/30/12
SUBJECT: Water Easement for Camp Bow Wow
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I. RECONIIVIENI)EI) ACTION
A. Move to:
1. Approve a new easement on three separate parcels for a water main that will
serve Camp Bow Wow and fixture development.
2. Authorize the Mayor to sign the easement, and the City Cleric to attest.
II. DEPARTMENT CONTACT PERSONS
Bruce Chatterton, Director of Community Development 489-1569
Bruce Freckleton, Development Services Manager 489-0362
Scott Stecldine, Land Development Supervisor 489-0369
Steve O'Brien, Development Analyst II 489-0371
Supervisor Approval
Scott Stecldine: nd Development Supervisor
Page 1 q/' 1
ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 G
BOISE IDAH01110B112 12:13 PM
DEPUTY Vicky Bailey
RECORDED-REOUESTOF IIIIIIIIII'lllll'llllll'IIIIIIIIIII
Meridian Ciry 1 1 21 1 7356
WATER MAIN EASEMENT
~~''''tr~ 7
THIS INDENTURE, made this L day of 7Z1Ru>! . 20 ~~-between 2D, LLC, the parties ofthe 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;
WITNESSETH:
WHEREAS, the Grantors desire to provide a water main right-of--way across the premises and
property hereinafter particulazly 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 cennect to said pipeline from
time to time by the Grantee;
NOW, THEREFORE, inconsideration ofthe benefits to be received by the Grantors, and other good
and valuable considerafion, the Grantors do hereby give, grant and convey unto the Granteetheright-
of-way for an easement for the constmction, operation, maintenance, repair, 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 opemfion of a water line and their
allied facilities, together with their maintenance, additional wnnection 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 easement andright-of--way unto the said Grantee, iYs 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 cevenant and agree that they will not place or allow to be placed any
permanent structures, trees, brush, or perennial shrubs or flowers within the azea 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 Water Easement (2D)
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 first part have hereunto subscribed their signatures
the day and year first herein above written.
G OR:
Dan Sweig
Member
2D, LLC
2127 Overland Rd
Boise, Idaho 83705
STATE OF IDAHO )
ss
County of ;_ )
On this ~ ~ day of t ~ , 20 i - ,before me, the undersigned, a Notary Public in
and for said State, personally appeared Dan Sweig, known or identified to me to be a Member of the
Limited Liability Corporation that executed the within instrument, and acknowledged to me that such
corporation executed the same.
IN WITNESS W I~REOF, I have hereunto set my hand and affixed my official seal the day and year
fist above written.
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NOTARX PUBLIC FOR IDAHO
Residi~lg at
Commission Expires: _ _ _
Water Main Easement Water Easement (2D)
GRANTEE: CITY OF MERIDIAN
Tammy ~eJ eerd, Mayor ~c~ptso nucusrj
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~l^ ~ J G~ l/ J d .. cayoc
L. Holman, City Clerk`'
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Approved By City Council
STATE OF IDAHO )
ss
County of Ada )
On this ~ '~`" day ofe~.~ 20~, 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.
/.1J~,a,s,~. ~~-
•••••'•••. NOTARY PUBLIC FOR IDAHO
:.•••~~~••• Residing at: { 1 Y~
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Water Main Easement Water Easement (2D)
1~L.STR~L LAND
SURV~.YING
EXHIBIT A
LEGAL DESCRIPTION FOR PUBLIC WATER EASEMENT "A"
A 20 foot wide public water easement within a portion of Lot 10, 81ock 1 of SparrowHawk
Subdivision No. 2, Book 95, Page 11621, records of Ada County, said subdivision being located in
the Southwest Quarter of Section 8, Township 3 North, Range 1 East, Boise Meridian, City of
Meridian, Ada County, Idaho, said easement more particularly described as follows:
Commencing at the Northeast corner of said Lot 10, thence along the North line of said
Lot 10, South 89°37'18" West a distance if 56.89 feet to the POINT OF BEGINNING;
Thence South 00°22'42" East a distance of 7.36 feet to a point;
Thence South 45°00'00" East a distance of 54.28 feet to a paint on the Westerly line of an
existing public utilities easement as shown on the plat of said Sparrow Hawk Subdivision No. 2;
Thence along the Westerly line of said easement South 00°00'00" West a distance of
21,97 feet to a point;
Thence continuing along said Westerly line, South 45°00'00" West a distance of 4.47 feet
to a paint;
Thence leaving said Westerly line, North 45°00'00" West a distance of 78.03 feet to a
point;
Thence North 00°22'42" West a distance of 15.57 feet to a point on the Northerly line of
said Lot 10;
Thence along said Northerly line, North 89°3718" East a distance of 20A0 feet to the
point of beginning.
Said easement containing 1,587 square feet, mare or less eo~D
End Description /1'2722
Project No. 12-123 N,,~ /a/3jiZ p
Prepared October 3, 2012 `®9~~E' OF `p ~G~
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1674 W. Mill Rd., #6, Bo1se, Jd 83702 (208J 888-7345 phone - (208J 888-7354 fnx Kestrelsurvey. com
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