Water Main Easement with Cedar Springs Neighborhood Association, Inc. for Mulberry SubdivisionT Mayor Tammy de Weerd
Members of the City Council
FROM: Denny Cline
DATE: 4/15/13
U JECT: Water Main Easement for Mulberry Subdivision
I. RECOMMENDED ACTION
A. Move to:
1. Approve a Water Main Easement for the City of Meridian, located off site
of Mulberry Subdivision in a common lot owned by Cedar Springs
Subdivision Home Owners Association .
2. This easement provides the City of Meridian access to a public water main
installed to provide service for Mulberry Subdivision and be connected to
an existing water main in N. Meridian Road.
3. Authorize the Mayor to sign the easement, and the City Clerk to attest.
II. PARTMNT CONTACT PERSONS
Bruce Chatterton, Community Development Director
Bruce Freckleton, Development Services Manager
Denny Cline, Development Analyst II
884-5533
489-0362
489-0371
Recommending
Approval
Ph : 208.887.2211
® Fax 208.887.1297
n.,... ni i-ini ~
ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00
BOISE IDAHO 04/24/13 01:45 PM
DEPUTY Bonnie Oberbillig III IIIIIIIIIIIIIIIIIIIIIIIIIIIIII I III
RECORDED-REQUEST OF
Merdian City 113f~~4~~8
WATER MAIN EASEMENT
THIS INDENTURE, made thisa,3 day of_q~, I, 2013, between Cedar Springs Neighborhood Association,
Inc., the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County,
Idaho, tl~e party of the second part, and I~ereinafter called the Grantee;
WITNESSETH:
WHEREAS, the Grantors desire to provide a water main right-ot=way across tl~e premises and
property hereinafter particularly bounded and described; and
WF(EREAS, 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, se-•vice 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 construction, operation, maintenance, repair, replacement of a water
main over and across the following described property:
(SEE ATTACHED EXHIBIT A)
The easement hereby granted is for the purpose ofconstruction and operation ofa water line and their
allied facilities, together with their maintenance, additional 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 HAVE AND TO HOLD, the said easement and right-of--way unto the said Grantee, its successors
and assigns forever.
IT [S 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 I~ereby covenant and agree with the Grantee that should any pa--t oftl~e 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
Mulberry Subdivision Water Main Easement -Cedar Springs Neighborhood Assoc.
1
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.
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 hereinabove written.
GRANTOR:
CEDAR SPRINGS NEIGHBORHOOD ASSOCIATION, Inc.
William Flerber•t, President
P. O. Box 1620 1Vleridian ID 83680
Address
{a )
1
Chuck Herling, Vice President
STATE OF IDAHO )
ss
County of Ada )
On this ~ day of , 2013, before me, the undersigned, a Notary Public in
and for said State, personally appeared William Herbert and Chuck Herling , la~own or identified to
me to be the P~•esident arld Vice President, respectively, of the corporation that executed the within
itlstrurnent, and acknowledged to me that such corporation executed tl~e same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my offiicial seal the day and year
Est above written.
Mulberry Subdivision Water Main Easement -Cedar Springs Neighborhood Assoc.
GRANTEE: CITY OF MERIDIAN
Tammy eerd, Mayor ~~zPZC~au~o
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City of
E IDIAN~--
Attest b aycee L. Holman, City Clerk ~ '°~"°
fiEAI,
Approved By City Council On:
STATE OF IDAHO )
ss
County of Ada )
P~ ~o ~3
On this ~3r~ day of ~ r , 2013, 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 oFMeridian 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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,~~.-"-~T~gg`~~'!~',~, + TARY PU IC FO AHO
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Mulberry Subdivision Water Main Easement -Cedar Springs Neighborhood Assoc.
3
(March 1, 2013
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An easement covering a portion of Lot 2, Block 16, Cedar Springs Subdivision i~o. 2, as filed
far record in Book 36 of Plats at Page 9732, records of Ada County, Idaho; located in the South ~/2 of
Section 36, T.4(~., R.1W., B.f1/1., Meridian, Ada County, Idaho, and being more particularly described
as follows:
Commencing at an aluminum cap marking the Southeast corner of said Section 36; thence
along the Easterly boundary of said Section 36 Rlorth 00°51'23" East, 1123.94 feet; thence leaving
said Easterly boundary north 39°10'45" West, 70.00 feet; thence Norkh 00°51'23" East, 114.22 feet to
a point on the westerly boundary of said Lot 2, the ~~~~T ~~ f~[~~U~9~909~~;
Thence continuing along said west boundary f~or~h 00°51'23" East, 20.00 feet;
Thence leaving said boundary South 39°03'29" East, 35.00 feet to a point on the westerly
right-of-way of ~I. f1/leridian Road;
Thence along said right-of-way South 00°51'23" West, 20.00 feet;
Thence leaving said right-of-way forth 39°03'29" West, 35.00 feet to the ~®D~T ~~
~~~~G~~~Di~~.
Said easement encompassing 700 S1=, more or less.
120306/120306-offsite.des.docx
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("'yT~. -° -s ~ ~ LOT 2, BLOCK 16, CEDAR SPRINGS SUBD. N0.2 ~ u '`- ~ ' ~/J' ~J~
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o ~ ® LOCATED IN THE SE 1 /4~ OF SECTION 36 1029 N. ROSARIO ST., STE, 100
~: `~ ' ~ ~ T.4N., R.1 W., B.M. MERIDIAN, IDAHO i336~2
Phone (208) 938-0980 Fax (toe) 938-0941
IDAHO
ADA COUNTY
MERIDIAN
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