Sanitary Sewer and Water Main Easement with Rushmore Investments, LLC for Rushmore Subdivision No. 1WE R I:
Community Development
Department
TO: Mayor Tammy de Weerd
Members of the City Council
FROM: Denny Cline
DATE: 7/25/13
Land Development Services
Meridian City Hall, Suite 102
33 E. Broadway Avenue
Meridian, Idaho 83642
SUBJECT: SEWER AND WATER MAIN EASEMENT FOR RUSHMORE SUBDIVISION
I. RECOMMENDED ACTION
A. Move to:
1. Approve a Sewer and Water Main Easement for the City of Meridian,
located on the site of Rushmore Subdivision.
2. This easement provides the City of Meridian access to public sewer and
water mains installed to provide service for Rushmore Subdivision.
3. Authorize the Mayor to sign the easement, and the City Clerk to attest.
II. DEPARTMENT CONTACT PERSONS
Bruce Chatterton, Community Development Director
Bruce Freckleton, Development Services Manager
Denny Cline, Development Analyst]]
Denny Cline, De lopment Analyst II
Bruce Freckleton, Development Services Manager
884-5533
489-0362
489-0371
Recommending
Approval
Ph: 208.887.2211 www.meridiancity.org • Fax 208.887.1297
Rev: 01/2013
ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00
BOISE IDAHO 08114113 09:58 AM
DEPUTY Bonnie Oberbillig III IIIIIIIIIIIIIIIIIIIIIIIIIIIII II III
RECORDED -REQUEST OF 113092860
Meridian City
SANITARY SEWER AND WATER MAIN EASEMENT
13 . Kyg -
THIS INDENTURE, made this day of --
aa , 20 /3 betweenfi fy�Wy4!%'& Q4rC ,cam, 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 sanitary sewer and water main right-of-way
across the premises and property hereinafter particularly bounded and described; and
WHEREAS, the sanitary sewer and water is to be provided for through underground
pipelines to be constructed by others; and
WHEREAS, it will be necessary to maintain and service said pipelines 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 operation and maintenance of sanitary
sewer and water mains over and across the following described property:
(SEE ATTACHED EXHIBITS A and B)
The easement hereby granted is for the purpose of construction and operation of sanitary
sewer and water mains and their allied facilities, together with their maintenance, 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, it's
successors and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,
that after making repairs or performing other maintenance, Grantee shall restore the area of
the easement and adjacent property to that existent prior to undertaking such 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.
Sanitary Sewer and Water Main Easement Rushmore-Sewer-and-
Water-Main-Ease.doc
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.
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.
GRANTOR
l�eideigt/roBF,�r/C• �'FGI� �`/An'�EiP, .��/.r.�/%bi�FTY!/E�E,+/l.� [tom
Address
—4Z4
Secretary
STATE OF IDAHO )
) ss
County of Ada )
On this AV ud day of 20 13 , fore me, theun lersigned, a Notary
Public in and for said State, pers nally appeared X
known or identified to me to bete Wesidei�-axd
l%q�LI1C£� �e ee4vely, of the ssrpn�i.a-t� 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.
„
�0,gpnUNq
.,,
a•'�4`''P
0 o TA,p.NOTARY PUBLIC FOR IDAHO
4s OTA/p
;0.
Residing at: i
Commission Expires:
Sanitary Sewer andlVatIvjQylgpe Rushmore-Sewer-and-
GRANTEE: CITY OF MERIDIAN
Tammy de W r , Mayor
(J to
City Of
Attest b J ycee L. Holman, City Clerk EIDIS IAN-.,
I D AD AMM
Approved By City Council On:L 3
STATE OF IDAHO, )
: ss.
County of Ada )
On this13 day of Ayqy S} , 26 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.
c
*sense•
(SEAL) OTARY PU LIC FOR O
Residing at: Q yLdlan
Commission Expires:,,
o•
' . PM'." ' 0
.•s► TE 0V***
•88.00
Sanitary Sewer and Water Main Easement Rushmore-Sewer-and-
Water-Main-Ease.doc
�� TEALEY'S LAND 12594 W. Explorer Drive, Suite 150 • Boise, Idaho 83713
SURVEYING (208) 385-0636
Fax (208) 385-0696
Project. No.: 3682 EXHIBIT "A"
Date: July 18, 2013
DESCRIPTION
OF
SEWER & WATER MAIN EASEMENT
FOR
CITY OF MERIDIAN
RUSHMORE SUBDIVISION No. 1
A parcel of and being a portion of Lot 2 of West Lawn Subdivision, filed for record
in the office of the Ada County Recorder, Boise, Idaho in Book 2 of Plats at Page 94
lying in the SW 1/4 of Section 12, T.3N., RAW., B.M., Meridian, Ada County, Idaho and
more particularly described as follows:
COMMENCING at a brass cap marking the center of said Section 12; thence
along the North boundary of said SW 1/4 of Section 12, which is also the centerline of
West Pine Street
North 89°30'16" West 654.34 feet to a point; thence leaving said North boundary
at right angles
South 00029'44" West 30.00 feet to a point on the South right-of-way line of said
West Pine Street; thence along the extended West boundary and the West boundary of
Tremont Place Subdivision, as filed for record in the office of the Ada County Recorder,
Boise, Idaho in Book 81 of Plats at Page 8849
South 00032'26" West 582.99 feet to a point; thence leaving said West boundary
South 34°44'19" West 183.54 feet to a point on a curve which point is the POINT
OF BEGINNING; thence along the are of a curve to the left whose radius is 48.00 feet,
whose central angle is 56°28'10", whose length is 47.31 feet and whose long chord
bears
South 04°36'08" East 45.42 feet to a point; thence
North 86°50'23" West 52.45 feet to a point; thence
North 03009'37" East 20.00 feet to a point; thence
South 86050'23" East 25.00 feet to a point; thence
North 03009'37" East 25.00 feet to a point; thence
South 86°50'23" East 21.31 feet to the POINT OF BEGINNING,
Said Parcel of Land Contains1,422 Square Feet, more or less.
W:\36821Docs13682-Sewer-Water-Ease-desc.doc Arm
CENTER OF
SECTION 12
v
m
N S 00°29'44" W
��
0 25 50 100
SCALE IN FEET
I" = 50'
30.00-
S
00°32626" W
1 ,
582.99'
w
EXHIBIT "B"
SEWER & WATER MAIN EASEMENT
FOR CITY OF MERIDIAN
RUSHMORE SUBDIVISION No. I
A PORTION OF THE SW 1/4, SECTION 12,
T.3N., R,IW., B.M.
MERIDIAN, ADA COUNTY, IDAHO
�
SEWER MAIN I
EASEMENT
y_ _ _ _ _ _ _ _ _ _ _ _ _ _
1 /G 3
II I 4' m,
I I S4' 9.ly W
I I 3 0
P.O.B. WATER
¢ 0 & SEWER I / / C_ 2 WATER &SEWER
S 66°50'23" E MAIN EASEMENT
Y WATER MAIN 21.31' 1,422± S.F.
EASEMENT
I IN 86°50'23" W
I I O N 0' '37" E 52.45'
I II BLOCK I
I II S 86°50'23" E N 03°09'37" E
1 I 25.00' 20.00'
I 1
I
I
I
I
I
I
F?Qf: h:CF?EE EEh; ;>UF3 UI'•i i;il(i Pl
3682—Water—Sewer—Ease.dwg 07-18-13 07:23:17 dmarks
TEALEY'S LAND SURVEYING
12594 W. EXPLORER DRIVE, SUITE 150, BOISE, ID 83713
206-385-0636
O
CURVE TABLE
CURVE
RADIUS
DELTA
LENGTH
BEARING
CHORD
26°3B'55"
22.60'
N 62°42'49" W
22.40'
C— 2
48.00'
S6°28'10"
47.31'
S 04°36'08" E
I45.42'
3682—Water—Sewer—Ease.dwg 07-18-13 07:23:17 dmarks
TEALEY'S LAND SURVEYING
12594 W. EXPLORER DRIVE, SUITE 150, BOISE, ID 83713
206-385-0636
O