Sanitary Sewer and Water Main Easement with Settlers Park, LLC for Mulberry SubdivisionE IDIAN~--
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: 8/8/13
SUBJECT: Sewer and Water Main Easement -Mulberry Subdivision
I. RECOMMENDED ACTION
A. Move to:
1. Approve a Sanitary Sewer and Water Main Easement for the City of
Meridian, located on the site of Mulberry Subdivision.
2. This easement provides the City of Meridian access to public sewer and
water mains installed to provide service for Mulberry 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, evelopment Analyst II
884-5533
489-0362
489-0371
Recommending
Approval
Development Services Manager
Ph: 208.887.2211 www.meridiancity.orq • Fax 208.887.1297
Rev: 01/2013
ADA COUNTY RECORDER Christopher 0. Rich AMOUNT .00 F
BOISE IDAHO 08114113 09:58 AM
DEPUTY Bonnie Oberbillig II ~ l' II I II II l II I II I I II` l II I I it I it I'll
RECORDED-REQUEST OF 11~~'3~~5~
Meridian City
SANITARY SEWER AND WATER MAIN EASEMENT
THIS INDENTURE, made this ~ day of,~y~,, 2013, between Settlers Park, LLC, 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 EXHIBIT A)
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, its
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.
Mulberry Subdivision Sanitary Sewer and Water Main Easement-Settlers Park, LLC
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:
SETTL RS PARK, LLC
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David Alexander, anager
STATE OF IDAHO )
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County of Ada ,)
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On this ~ day of , 2013, before me, the undersigned, a Notary
Public in and for said State, pe onally appeared David Alexander,l<nown oridentified to me
to be a Manager of Settlers P 1<, LLC, the Limited Liability Company that executed the
within instrument, and acknowledged to me that such Limited Liability Company executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year fist above written.
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Mufbei7y Subdivision Sanitary Sewer and Watec Main Easement-Settlers Park, LLC
GRANTEE: CITY OF MERIDIAN
Tammy de W d, Mayor
L. Holman, City Clerk
Approved By City Council On:
STATE OF IDAHO )
County of Ada
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On this~day of ~Uq~ ,5-~- , 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 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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Mulberry Subdivision Sanitary Sewer and Water Main Easement-Settlers Park, LLC 3
March 1, 2013
DESCRIPTION FOR MERIDIAN SEWER AND WATER EASEMENT
PROPOSED MULBERRY SUBDIVISION
An easement located in the South''/z of Section 36, T.4N., R.1 W., B.M., 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 North 00°51'23" East, 1123.94 feet; thence leaving
said Easterly boundary North 89°10'45" West, 70.00 feet; thence North 00°51'23" East, 114.22 feet to
the POINT OF BEGINNING;
Thence North 89°03'29" West, 26.47 feet;
Thence South 00°49'00" West, 23.43 feet;
Thence North 89°11'00" West, 20.00 feet;
Thence North 00°49'00" East, 31.00 feet;
Thence North 89°11'00" West, 63.99 feet;
Thence South 00°49'00" West, 31.00 feet;
Thence North 89°11'00" West, 20.00 feet;
Thence North 00°49'00" East, 31.00 feet;
Thence North 89°11'00" West, 136.95 feet;
Thence South 00°49'00" West, 38.00 feet;
Thence North 89°11'00" West, 20.00 feet;
Thence North 00°49'00" East, 29.83 feet;
Thence South 16°52'52" West, 33.72 feet;
Thence North 73°07'08" West, 20.00 feet;
Thence North 16°52'52" East, 31.34 feet;
Thence North 00°49'00 " East, 19.92 feet;
Thence North 44°11'00" West, 24.90 feet;
Thence North 45°49'00" East, 12.85 feet;
Thence North 17°01'26" West, 5.46 feet;
Thence North 72°58'34" East, 20.0.0 feet;-
120306/120306-ease.des.docx
Thence South 17°01'26" East, 27.93 feet;
Thence South 00°49'00" West, 7.43 feet;
Thence South 89°11'00" East, 4.13 feet;
Thence North 00°49'00" East, 31.00 feet;
Thence South 89°11'00" East, 20.00 feet;
Thence South 00°49'00" West, 31.00 feet;
Thence South 89°11'00" East, 17.58 feet;
Thence North 45°49'00" East, 35.24 feet;
Thence South 89°11'00" East, 8.19 feet;
Thence North 01°03'41" East, 107.05 feet;
Thence South 83°05'50" East, 32.15 feet;
Thence South 01°03'41" West, 99.73 feet;
Thence South 44°11'00" East, 30.87 feet;
Thence South 89°11'00" East, 17.36 feet;
Thence North 00°49'00" East, 7.80 feet;
Thence South 89°11'00" East, 14.33 feet;
Thence North 00°49'00" East, 23.20 feet;
Thence South 89°11'00" East, 20.00 feet;
Thence South 00°49'00" West, 31.00 feet;
Thence South 89°11'00" East, 60.01 feet;
Thence North 00°49'00" East, 31.00 feet;
Thence South 89°11'00" East, 20.00 feet;
Thence South 00°49'00" West, 25.76 feet;
Thence South 44°11'00" East, 26.66 feet;
Thence South 89°03'29" East, 10.72 feet;
Thence South 00°51'23" West, 20.00 feet to the POINT OF BEGINNING.
Said easement encompassing 17,574 SF, more or less.
120306/120306-ease.des.docx
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-- PROPOSED MULBERRY SUBDIVISION TI
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~ o \ °° LOCATED IN THE SE 1/4 OF SECTION 36 toes N. RosARlo sT., srE. too
~ W T.4N., R.1 W., B.M. MERIDIAN, IDAHO 83642
°~ MERIDIAN, ADA COUNTY, IDAHO Phone (208) 938-0980 Fax (208) 938-0941