Sanitary Sewer and Water Main Easement with Bear Creek West, LLC for Fall Creek Subdivision No. 1E 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: 9/19/13
SUBJECT: Fall Creek Subdivision No 1
I. RECOMMENDED ACTION
A. Move to:
1. Approve a Sewer and Water Main Easement for the City of Meridian,
located on the site of Fall Creel<Subdivision No. 1.
2. This easement provides the City of Meridian access to public sewer and
water mains that will be installed to provide service for Fall Creek
Subdivision No. 1.
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
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Denny Cline, evelopment Analyst II
-19-Zoe
Bruce Freckle ,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 10
BOISE IDAHO 09/26/13 09:25 AM
DEPUTY Bonnie Oberbillig III IIIIIIIIIIIIIIIIIIIIIIIIIIIIII I III
RECORDED-REQUEST OF 1
Meridian City i 131 ~~°~~~
SANITARY SEWER AND WATER MAIN EASEMENT
THIS INDENTURE, made this ~ day of ~`, 2013, between Bear Creek West, 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.
THE GRANTORS hereby covenant and agree that they will not place or allow to be placed
Fall Creek Sub. No. 1 Sanitary Sewer and Water Main Easement-Bear Creek West Development, LLC
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:
BEAR CREEK WEST, LLC
Thomas M. Coleman, Jr., President
Coleman Homes, LLC, Manager of Bear Creek West
STATE OF IDAHO }
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County of Ada )
On this of ~ day of , 2013, before me, the undersigned, a Notary
Public in and for said State, personally appeared Thomas M. Coleman, Jr., known or
identified to me to be the President of Coleman Homes LLC, Manager of Bear Creek West,
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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Fall Creek Sub. No. 1 Sanitary Sewer and Water Maio Easement-Bear Creek West Development, LLC 2
GRANTEE: CITY OF MERIDIAN
Tammy ~3leerd, Mayor
Attest l~f}~Xaycee L. Holman, City
Approved By City Council On:
STATE OF IDAHO )
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County of Ada )
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On this~day of 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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Fall Creek Sub. No. 1 Sanitary Sewer and Water Main Easement-Bear Creek West Development, LLC 3
August 28, 2013
DESCRIPTION FOR MERIDIAN CITY SANITARY SEWER AND WATER
EASEMENTS
PROPOSED FALL CREEK SUBDIVISION NO. 1
Easements located in the W'/z of Section 24, T.3N., R.1 W., B.M., Meridian, Ada County, Idaho, more
particularly described as follows:
EASEMENT A
An easement for Meridian City water facilities, more particularly described as follows:
Commencing at the Center'/ corner of said Section 24, from which the North''/a corner of said
Section bears North 00°51'53" East, 2634.95 feet; thence North 61°05'35" West, 1523.48 feet to the
POINT OF BEGINNING;
Thence North 30°37'41" West, 30.06 feet;
Thence North 59°33'12" East, 20.00 feet;
Thence South 30°37'41" East, 30.00 feet;
Thence South 59°22'19" West, 20.00 feet to the POINT OF BEGINNING. Containing 600 SF, more
or less.
EASEMENTS
An easement for Meridian City sanitary sewer and water facilities, more particularly described as
follows:
Commencing at the Center Y< corner of said Section 24, from which the North '/< corner of said
Section bears North 00°51'53" East, 2634.95 feet; thence North 66°39'48" West, 1644.31 feet to the
POINT OF BEGINNING;
Thence South 51°55'09" West, 42.00 feet;
Thence North 38°04'51" West, 120.80 feet;
Thence North 57°41'42" West, 10.15 feet;
Thence North 42°06'43" East, 40.32 feet;
Thence South 47°53'17" East, 33.30 feet;
Thence South 38°04'51" East, 104.41 feet to the POINT OF BEGINNING. Containing 5,574 SF, more
or less.
EASEMENT C
An easement for Meridian City sanitary sewer facilities, more particularly described as follows:
130312-M ERIDEASE.docx
Commencing at the Center'/ corner of said Section 24, from which the North'/ corner of said
Section bears North 00°51'53" East, 2634.95 feet; thence North 65°56'22" West, 1780.65 feet to the
POINT OF BEGINNING;
Thence North 57°41'42" West, 69.37 feet;
Thence North 77°18'34" West, 136.53 feet;
Thence North 69°48'43" West, 114.29 feet;
Thence North 20°11'17" East, 207.98 feet;
Thence South 69°48'43" East, 20.00 feet;
Thence South 20°11'17" West, 177.98 feet;
Thence South 24°48'43" East, 14.14 feet;
Thence South 69°48'43" East, 82.98 feet;
Thence South 77°18'34" East, 138.67 feet;
Thence South 57°41'42" East, 76.28 feet;
Thence South 42°06'43" West, 20.30 feet to the POINT OF BEGINNING. Containing 10,291 SF,
more or less.
EASEMENT D
An easement for Meridian City water facilities, more particularly described as follows:
Commencing at the Center''/4 corner of said Section 24, from which the North %< corner of said
Section bears North 00°51'53" East, 2634.95 feet; thence North 75°19'27" West, 1789.45 feet to the
POINT OF BEGINNING;
Thence South 39°40'14" West, 20.00 feet;
Thence North 50°19'46" West, 20.00 feet;
Thence North 39°40'14" East, 20.00 feet;
Thence South 50°19'46" East, 20.00 feet to the POINT OF BEGINNING. Containing 400 SF, more or
less.
EASEMENT E
An easement for Meridian City sanitary sewer and water facilities, more particularly described as
follows:
Commencing at the Center'/< corner of said Section 24, from which the North'/ corner of said
Section bears North 00°51'53" East, 2634.95 feet; thence North 82°47'33" West, 1744.71 feet to the
POINT OF BEGINNING;
Thence South 47°27'27" West, 28.00 feet;
130312-M E R I DEASE. d ocx
Thence North 42°32'33" West. 47.00 feet;
Thence North 47°27'27" East, 28.00 feet;
Thence South 42°32'33" East, 47.00 feet to the POINT OF BEGINNING. Containing 1,316 SF, more
or less.
EASEMENTF
An easement for Meridian City water facilities, more particularly described as follows:
Commencing at the Center''/4 corner of said Section 24, from which the North''/a corner of said
Section bears North 00°51'53" East, 2634.95 feet; thence South 86°39'44" West, 1485.83 feet to the
POINT OF BEGINNING;
Thence South 22°44'54" West, 20.00 feet;
Thence North 67°15'06" West. 20.00 feet;
Thence North 22°44'54" East, 20.00 feet;
Thence South 67°15'06" East, 20.00 feet to the POINT OF BEGINNING. Containing 400 SF, more or
less.
EASEMENT G
An easement for Meridian City sanitary sewer and water facilities, more particularly described as
follows:
Commencing at the Center''/4 corner of said Section 24, from which the North''/e corner of said
Section bears North 00°51'53" East, 2634.95 feet; thence South 77°37'04" West, 1676.49 feet to the
POINT OF BEGINNING;
Thence South 18°38'30" West, 38.00 feet;
Thence North 71°21'30" West. 20.00 feet;
Thence North 18°38'30" East, 38.00 feet;
Thence South 71°21'30" East, 20.00 feet to the POINT OF BEGINNING. Containing 760 SF, more or
less.
EASEMENT H
An easement for Meridian City sanitary sewer and water facilities, more particularly described as
follows:
Commencing at the Center'/~ corner of said Section 24, from which the North Y< corner of said
Section bears North 00°51'53" East, 2634.95 feet; thence South 59°48'19" West, 1547.60 feet to the
POINT OF BEGINNING;
Thence South 07°54'40" East, 39.00 feet;
Thence South 82°05'20" West. 47.00 feet;
130312-M ERIDEASE.docx
Thence North 07°54'40" West, 39.00 feet;
Thence North 82°05'20" East, 47.00 feet to the POINT OF BEGINNING. Containing 1,833 SF, more
or less.
EASEMENTI
An easement for Meridian City water facilities, more particularly described as follows:
Commencing at the Center %< corner of said Section 24, from which the North '/4 corner of said
Section bears North 00°51'53" East, 2634.95 feet; thence along the east boundary of the W'/2 of said
section South 00°51'53" West, 806.76 feet to the POINT OF BEGINNING;
Thence continuing along said boundary South 00°51'53" West, 20.00 feet;
Thence leaving said boundary North 89°24'36" West. 115.05 feet to a point on a curve;
Thence 20.63 feet along the arc of anon-tangent curve to the left, said curve having a radius of 55.00
feet, a delta angle of 21°29'39", and a long chord bearing North 12°14'28" West, 20.51 feet;
Thence leaving said curve South 89°24'36" East, 119.70 feet to the POINT OF BEGINNING.
Containing 2,334 SF, more or less.
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130312-MERIDEASE.docx
L INE DATA (C ONT.
13 N 1/4
LINE BEARING DISTANCE -
L17 S 69'48'43" E 82.98 W~ OVERLAND RD. 24
L18 S 77'18'34" E 138.67
L19 S 5741'42° E 76.28
L20 S 42'06'43" W 20.30
L21 S 39'40'14" W 20.00
L22 N 50'19'46" W 20.00 I
L23 N 39'40'14" E 20.00 i
L24 S 50'19'46" E 20.00
L25 S 47'27'27" W 28.00 I
L26 N 42'32'33" W 47.00
L27 N 47'27'27" E 28.00
a L28 S 42'32'33" E 47.00
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LINE DATA
LINE BEARING DISTANCE
Li N 30'37'41" W 30.06
L2 N 59'33'12" E 20.00
l3 S 30'37'41" E 30.00
L4 5 59'22'19" W 20.00
LS S 51'55'09" W 42.00
L6 N 36'04'51" W 720.80
L7 N 5741'42" W 10.15
L8 N 42'06'43" E 40.32
L9 5 47'53'17" E 33.30
L10 S 38'04'51" E 104.47
L11 N 57'41'42" W 69.37
l12 N 77'18'34" W 136.53
L13 N 69'48'43" W 114.29
L74 S 69'48'43" E 2000
L15 S 20'11'17" W 177.98
L16 S 24'48'43" E 14.14
SEWER & WATER EASEMENT
1,316 SF t/- ~
PG/NT OF BEG/NN/NG
EASEMENT C'
SEWER EASEMENT
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ISEMENT D'
I7ER EASEMENT J~~
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MERIDIAN CITY SANITARY
Dwc.DATE oa/27/13 ENGINEERING
SEWER & WATER EASEMENTS
PRDJ. No. 130312 SOLUTIONS
PROPOSED FALL CREEK SUBD
NO
1
SHEEP .
.
1 OF 3 LOCATED IN THEW 1/2 OF SECTION 24 1029 N, ROSARIO ST., STE. 100
T.3N.
R.iW.
B.M. MERIDIAN, IDAHO 83642
30312-MERIDEASE.DWG bkb ,
,
MERIDIAN, ADA COUNTY, IDAHO Phone (208) 938-0980 FaK (208) 938-0941
WATER EASEMENT 2
600 SF +/- %~(~ 0
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EASEMENT G'~
SEWER & WA]ER EASEMENT
760 SF t/-
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LINE DATA
FAIL CREEK
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LINE BEARING DISTANCE -~ - / \
L29 S 22'44'54" W 20.00 /
L30 N 67'15'06" W 20.00 ~ /
L31 N 22'44'54" E 20.00
L32
S 6715'06" E
20.00 ~
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L33 S 18'36'30" W 38.00 I ~
L34 N 71'21'30" W 20.00 /
L35
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8
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3
30
E . EASEMENT N' j ~~-
L36 S 71'21'30" E 20.00 /
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L37 S 0]54'40" E 39.00 SEWER & WATER EASEMENT U40 ~~
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L38 S 82
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20
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L39 N 0754'40" W 39.00 JL~~iiii, J
L40
N 82'05'20" E
47.00 v
1rj3R
SCALE ~"=100'
MERIDIAN CITY SANITARY
Dwc.DATE os/z7/13
SEWER & WATER EASEMENTS ENGINEERING
PRDJ. No. 130312 SOLUTIONS
PROPOSED FALL CREEK SUBD. N0. 1
SHEEP
2 OF 3 LOCATED IN THEW 1/2 OF SECTION 24 1029 N. ROSARIO sT., STE. too
T.3N., R.iW.
B.M. MERIDIAN, IDAHO 83642
30312-MERIDEASE.DWG bkb ,
MERIDIAN, ADA COUNTY, IDAHO Phone (208) 938-0980 Foe (208) 938-0941
I
I
1 LINE DATA
LINE BEARING DISTANCE
I L41 S 00'51'53° W 20.00
I L42 N 89'24'36° W 115.05
L43 S 89'24'36" E 119.70
I
I
CURVE DATA
j CURVE LENGTH RADIUS DELTA CHORD BRG
I C1 20.63 55.00 21'29'39° N 12'14'28" W
_ _ _ _ 13 N 1/4
W. OVERLWD RD. 24,~
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DWG.DATE 08/28/
PROJ. N0. 1 303 ~
SHEEP
30F3
30312-MERIDEASE.DWG
MERIDIAN CITY SANITARY
3 SEWER & WATER EASEMENTS
PROPOSED FALL CREEK SUBD. NO. 1
LOCATED IN THEW i/2 OF SECTION 24
T.3N., R.iW., B.M.
bkb MERIDIAN, ADA COUNTY, IDAHO
ENGINEERING
SOLUTIONS
1029 N. ROSARIO ST., STE. 100
MERIDIAN, IDAHO 83642
Phone (208) 938-0980 Fax (208) 938-0941