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Water Main Easement with Rushmore Investments, LLC for Rushmore SubdivisionE IDI1~N~ Community Development Department Land Development Services Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 TO: Mayor Tammy de Weerd Members of the City Council FROM: Denny Cline DATE: 7/25/13 SUBJECT: WATER MAIN EASEMENT FOR RUSHMORE SUBDIVISION I. RECOMMENDED ACTION A. Move to: 1. Approve a Water Main Easement far the City of Meridian, located on the site of Rushmore Subdivision. 2. This easement provides the City of Meridian access to a public water main being 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 II Denny Cline, D velopment Analyst II Bruce Frteton,~evelopment Services Manager 884-5533 489-0362 489-0371 Recommending Approval Ph: 208.887.2211 www.meridiancity.org • Fax 208.887.1297 Rev: Qi/2013 ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 BOISE IDAHO OBI14113 09:58 AM DEPUTY Bonnie Oberbillig III I I II I II II III I II II III II III I II'll III RECORDED-REQUEST OF 113~92~3~1 Meridian Ciry WATER MAIN EASEMENT ~uyuS LLB THIS INDENTURE, made this ~ day of,~d,C y , 20f 3 between ~ ~%y ~ ~~!~~e 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 ofthe 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 and B) The easement hereby granted is for the purpose of construction and operation of a 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, it's 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 of the 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 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 Water Main Easement Rushmore-Water- Main-Ease.doc 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: c M4NQ6E,e' ~~/ ~i yB~~ .~~/r~~,s~'~!'~/fi~ G L C' Address ~~~ Secretary STATE OF IDAHO ) ss County of Ada } On this ~~'~ day of , 2 /3, before me/, ~the undersigned, a Notary Public in and for said State, personal ly a geared ,6~ f /P (.~wG~LG ,known or identified to me to be the-Presitterrt~rrti~eLreta~; respectively; of the cor~e~ati~nrthat executed the within instrument, and acknowledged to me that such corporation executec~he same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. (SEAL) `~.•~ti~'~,•'"'•.C.'~ 4 ~ ~pTAR }• ~~~ ~~'~ .~ rE nF ~d NOTARY PUBLIC FOR IDAHO Residing at .~~?~t.c~t2..--~ Commission Expires: ~/~T- Water Main Easement Rushmore-Water- Main-Ease.doc GRANTEE: CITY OF MERIDIAN ~~~DAli , 1J•;.AI GL`sr7 Tammy de Vie d, Mayor ~~: l90 C .City of (~;~,~Ei~I~IAN~- IDAHO a Attest by cee L. Holman, City Clerk `°~ Sp-~ P4 y ~'f~ <<~~ •~~ tip TA~~" Approved By City Council On: aO/3 STATE OF IDAHO ) ss County of Ada ) On this ~_ day of v --1- , 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. ~...... •~ZCA Jo,~•. ~. , p y°~ (SEAL) • • . ,~~; ~~ i ~~': ~ OF 14; ~ ~~ •....• -- TARY PUB IC FOR O Residing at: Commission Expires: ~n ~ ~p ~ Water Main Easement Rushmore-Water- Main-Ease.doc TEALEY'S LAND 12594 W. Explorer Drive, Suite 150 • Boise, Idaho 83713 SURVEYING (208) 385-0836 Fax (208) 385-0696 Project. No.: 3682 EXHIBIT "A" Date: July 18, 2013 DESCRIPTION OF WATER MAIN EASEMENT FOR CITY OF MERIDIAN RUSHMORE SUBDIVISION No. 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., R.1W., 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 894.53 feet to a point on the extended East boundary of Rockcreek Subdivision, as filed for record in the office of the Ada County Recorder, Boise, Idaho in Book 94 of Plats at Page 11497; thence along said extended East boundary and the East boundary of said Rockcreek Subdivision South 00°32'18" West 611.07 feet to the POINT OF BEGINNING; thence leaving said East boundary South 88°59'46" East 128.24 feet to a point; thence South 66°29'46 East 17.45 feet to a point; thence South 88°59'46" East 67.88 feet to a point; thence South 00°32'26" West 127.33 feet to a point on a curve; thence along the arc of a curve to the left whose radius is 48.00 feet, whose central angle is 26°58'55", whose length is 22.60 feet and whose long chord bears North 62°42'49" West 22.40 feet to a point; thence North 00°32'28" East 97.41 feet to a point; thence North 88°59'46" West 52.02 feet to a point; thence North 66°29'46" West 17.45 feet to a point; thence North 88°59'46" West 124.10 feet to a point on said East boundary of Rockcreek Subdivision; thence along said East boundary North 00°32'18" East 20.00 feet to the POINT OF BEGINNING, Said Parcel of Land Contains 6,299 Square Feet, more or less. W:\3682\~ocs13682-Water-Ease-desc.doc - dnm v m v m I I I F- lil W N w z a H w 3 w °m m m m I I I~ N I EXHIBIT "B" WATER MAIN EASEMENT FOR CITY OF MERIDIAN RUSHMORE SUBDIVISION No. A PORTION OF THE SW I/4, SECTION 12, T.3N., R,IW., B.M. MERIDIAN, ADA COUNTY, IDAHO -- SEWER MAIN_ '( j "EASEMENT ~! i i S 00°32'26 W 127.33' _-------- _ I ~~ .LG~,11 L/1 .L G_/.1 ti 3 ~~ w 3N 00°32'26" E 97.41' ¢~ _ oZ v .D _ r0 j N Q• O N G o^ N W I ~ m~`°~ 3 O .y~~ Z _ C 2 ~ I N 66°29'46" W 17.45' I I ~ ~' _I SEWER & WATER a~ ~ ~ ~ MAIN EASEMENT Nr///Ip BLOCK I ~-~ N wr 3 P N ~ ~ m 611.07' CENTER OF SECTION 12 S 00°29'44" W r 30.00' N. ~'~, ~~ 0 25 50 100 SCALE IN FEET I" = 50' S 00°32'26" W 582.99' S 66°29'46" E 17.45' ~ I WATER MAIN EASEMENT 6,2991 S.F. .~.g N 00°32'18" E 20,00' B i_Of)h; , F?Ot: h:CF?EE EE h: :i UEi DI'.rISIUPI CURVE TABLE CURVE RADIUS DELTA LENGTH BEARING CHORD C- I 46.00' 26°58'55" 22.60' N 62°42'49" W 22.40' C- 2 48,00' S6°28'10" 47.31' S 04°36'08" E 45.42' 3682-Water-Sewer-Ease.dwg 07-18-13 07; 23:20 dmarks TEALEY'S LAND SURVEYING 12594 W. EXPLORER DRIVE, SUITE 150, BOISE, ID 83713 208-385-0636 O NORTH CINDER ROAD