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.
. .
. ~ ,' ~
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••• ~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
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1674 W. HI!! Rd., X16, Boise, !D 83702 (208f 888-7345 phone - (208J 888-7354 fax Kestrelsurvey. com
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