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:
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Secretary
STATE OF IDAHO )
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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.'~
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NOTARY PUBLIC FOR IDAHO
Residing at .~~?~t.c~t2..--~
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Water Main Easement Rushmore-Water-
Main-Ease.doc
GRANTEE: CITY OF MERIDIAN
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1J•;.AI GL`sr7
Tammy de Vie d, Mayor ~~: l90
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.City of
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Attest by cee L. Holman, City Clerk `°~ Sp-~ P4
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Approved By City Council On: aO/3
STATE OF IDAHO )
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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.
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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.
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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
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S 00°32'26 W 127.33' _-------- _
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w 3N 00°32'26" E 97.41' ¢~
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N 66°29'46" W
17.45' I I
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a~ ~ ~ ~ MAIN EASEMENT
Nr///Ip BLOCK I ~-~
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611.07'
CENTER OF
SECTION 12
S 00°29'44" W
r 30.00'
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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.
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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