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Water Main Easement with Sparrowhawk Business Owners Association, Inc. for Camp Bow Wowr ~ Mayor Tammy de Weerd ~--®- City C®uncil iViernF~er~: ,i - ~~ ' ~ 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 -- - _ _ __ 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. Aich AMOUNT .00 e BDISE IDAH011106112 12:13 PM RECOADED~C REOUIEST OF III IIIIIIIIIIIII IIIIIIIIIIIIIIII I I III Meridian Ciry 1 121 1 7352 WATER MAIN EASEMENT THIS INDENTURE, made this ~ day of t~ F .~ . 20~between Sparrowhawk Business Owners Association, Inc., the parties of the 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 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 Gmntors, and other good and valuable consideration, the Grantors do hereby give, grant and cenvey unto the Grantee t}reright- of-way for an easement for the construction, 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 construcfion and operation of a water line and their allied facilities, together with their maintenance, additional connectionthereto, 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. 1T IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or malting subsequent connection to the water line, Gmntce shall restore the area ofthe easement and adjacent property to that existent prior to undertaldug such constmction, repahs 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 par[ 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 became null and void and of no further effect and shall be completely relinquished. Water Main Easement Water Easement (SBOA) 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 subscribed their signatures the day and year first herein above written. Barry Jones" President Sparrowhawk Business Own s Association, Inc. 2127 Overland Rd Boise, Idaho 83705 STATE OF IDAHO ) ss County of ) On this ~ day of , 20 4 -,before me, the undersigned, a Notary Public in and for said State, personally appeared Barry Jones, known or identified to me to be the President of the Corporation 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. (SEAL) NOTARY PUBLIC FOR IDAHO Residing at __ Commission Expires: `TA fit lic to of I Water Main Easement Water Easement (SBOA) GRANTEE: CITY OF MERIDIAN slsxii ~~C.~if~.f ~~ Tammy d eerd, Mayor ~ Approved By City Council STATE OF IDAHO ) ss County of Ada ) On this ~ l~ day of~ , 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. . . . ~ ,' ~ . v], ••• ~ti1G%¢~J .~~•~9T'E OF l~.e'~~~ -dll.l~e-eJ ~, ~-~,~~ NOTARY PUBLIC FOR IDAHO Residing at: Eo~aQu_ e ~~ CommissionEx~Lo ~ a-`/ ' ~-~l ~S Water Main Easement Water Easement (SBOA) IC~..STREL LAND SURVEYING Ex~I1BIT A LEGAL DESCRIPTION FOR PUBLIC WATER EASEMENT "B" A 20 foot wide public water easement within a portion of Lot 5, Block 1 of Sparrowhawk Subdivision No. 2, Book 95, Page 11521, 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 South line of said Lot 5, South 89°37'1:8" West a distance if 56.89 feet to the P®INT OF BEGINNING; Thence Continuing along said South line, South 89°37'18" West a distance of 20.00 feet to a point; Thence leaving said South line, North 00°22'44" West a distance of 35.00 feet to a point on the North line of said Lot 5; Thence along said North line, North 89°3T18" East a distance of 20.00 feet to a point; Thence leaving said North line; South 00°22'42" East a distance of 35.00 feet-the point of beginning. Said easement containing 700 square feet, more or less End Description Project No. 12-123 Prepared October 3, 2012 1 722 ~b ~ c6~~/~ ~. ~o v,! F~ ®f ~® ~~1~ \S R P~` 1674 W. HI!! Rd., X16, Boise, !D 83702 (208f 888-7345 phone - (208J 888-7354 fax Kestrelsurvey. com ~ ~ U ~ j oz 1 ~ Q ~ ~ ~ ~ ~ b m ~ ~ ~ ~ ti W ~ ~ ~ ~ W U ~ 0 ~ _~ ~ ~ ~-- ~ ~ ~ W J U ~ ~ J O ~ c~ ~. I ~1 O aQ I rn~ ~ I YW O .~ O ~ZD (~1 om ~ ~ ~ I-. z ti j OU W ~ ' S ~ ~ ~ ~ ~ Q C1, Z ~~Q 3 '~'~ ~ C1 ~ N CO 3 ~ ~ ~ d ~ J ~ ~ ~~ ~ Q1 ~ U V ..: ~ ~ 5 ~ qA d O m~ ~O ~~ ~ ~ ~ ~ ~ O W O W 'K U U O 0 I O ti 0 N ~y6~ v~+x h ~ ~ a~ ~~P~~ 0 o, O w 0 z i i i rn tJ.-J ~ Q ~ ~ W h ~ ~ m Q ~ -, ~ O N ~ 4 ~ ~ Z ~ LL-~ ~ O ~ ~ ~ ~ O Q1 ~^ O i~ ~ ~---~.\ m ~ ~ ~ ~cn / \\ / r ~„ ._ ~ U lei! ~ Zl m w 4 ~ W 0 ~~ A o a J ~ ~