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Water Main Easement with Liddell, Russell V. for Tradewinds SubdivisionE IDIAN~~-- i;~~t<' 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: 9/25/13 SUBJECT: Tradewinds Subdivision Water Main Easement I. RECOMMENDED ACTION A. Move to: 1. Approve a Water Main Easement for the City of Meridian, located on a parcel adjacent to the site of Tradewinds Subdivision. 2. This easement provides-the City of Meridian access to a new public water main being installed on the property boundary line between Tradewinds Subdivision and the parcel to the East. This water main will provide service to Tradewinds 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 M-~,Q LSL[~wa> Denny Cline, evelopment Analyst II Ib- ~ -~t3 Bruce Freckleto evelopment 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 IDAH010/09/13 12:17 PM DEPUTY Che Fowler RECORDED-REQUEST OF III IIIIIIIIIIIIIIIIII(IIIIIIIIII~ I II City of Meridian 11311'7?k~ WATER MAIN EASEMENT THIS INDENTURE, made this ~ day of ~ C~e~h- r , 20 \~__between Russell V. Liddell ,the party of the first part, and hereinafter called the Grantor, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter cal led the Grantee; WITNESSETH: WHEREAS, the Grantor desires 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 of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does 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 EXHIBITS 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 I ine, 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 GRANTOR hereby covenants and agrees that he 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 GRANTOR hereby covenants and agrees 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. Water Main Easement EASMT WTR Tradewinds TI-[E GRANTOR does hereby covenant with the Grantee that he is lawfully seized and possessed of the aforementioned and described tract of land, and that he has a good and lawful right to convey said easement, and that he will warrant and forever defend the title and quiet possession ther•eofagainst the lawful claims of all persons whon-tsoever. ~ , ~ ~ (,1 u ut.c J'Gl ` 4~ G IN WITNESS WHEREOF, the said party of the first part has hereunto subscribed his signature the day and year f-first herein above written. GRANTOR: Russell V, 1777 East Victory Road, Meridian, ID 83642 Address STATE OF IDAHO ) ss County of Ada ) On this ~ day of~', 20 ~ 3 ,before me, the undersigned, a Notary Public in and for said State, personally appeared Russell V. Liddell, la~ow^ or identified to me to be the individual that executed the within instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and afftxed my official seal the day and year fist above written. (SEAL) ~.~ RvBLiC ~~~~~ . ~. NOT RY PUB?L~,IC FOR [DAHO Residing at ~`~~~~ ~ (l7 Commission Expires: ,L ~; ~ I ~~ ~L Water Main Easement EASMT WTR Tradervinds GRANTEE: CITY OF MERIDIAN / ~ .~ Tammy de W,~efd, Mayor aycee~,. Holman, City Cl Approved By City Council On: STATE OF IDAHO ) ss County of Ada ) ~ ~~ ~E~,II.~'Tf,isl ~ ,~E,~ ,, f `., ~,a ~ r h On this - day of (;C-bhp- , 20 t ~ ,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. •..... .•' ON `•• ,~G.~ p,R ~ '~. NO ARY PUBL~I FOR IDAHO (SEAL) ~'" Residing at: ~'~ertc~~c.~rt l~7 Commission Expires: ~~ ~ ~~~ ,~,0~. ,,. _: ~ ,. Water Main Easement EASMT WTR Tradewinds 9233 WEST STATE STREET ~ BOISE, ID 83714 ~ 208.639.6939 ~ FAX 208.639.6930 July 30, 2013 Project No.: 12-072 EXHIBITA LEGAL DESCRIPTION FOR WATER EASEMENT A 9-ft wide easement for the purpose of access and maintenance of a water main situated in a portion of the Northwest 1/4 of the Northwest 1/4 of Section 29, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho and being more particularly described as follows: Commencing at a 5/8-inch rebar marking the Northwest corner of said Section 29, thence along the northerly line of said Section 29, S89°34'31"E a distance of 390.22 feet to a point, from which an aluminum cap marking the North 1/4 corner of said Section 29 bears S89°34'31"E a distance of 2,290.46 feet; Thence leaving said northerly line, S00°14'19"W a distance of 25.00 feet to a 5/8-inch rebar on the southerly prescriptive right-of-way line of East Victory Road and marking the POINT OF BEGINNING; Thence following said southerly prescriptive right-of-way line, S89°34'31"E a distance of 9.00 feet to a point; Thence S00°14'19"W a distance of 142.00 feet to a point; Thence N89°34'31"W a distance of 9.00 feet to a 5/8-inch rebar; Thence N00°14'19"E a distance of 142.00 feet to the POINT OF BEGINNING. Said parcel contains 1,278 square feet, more or less, and is subjectto all existing easements and/or right-of-way of record or implied. tipt~AG ~Yp Attached hereto is Exhibit B and by this reference is made a part hereof. ~' cs,Gl a ,~ 12459 OF ..T.3o.Zo,-3 ENGINEERS ~ SURVEYORS ~ PLANNERS www.kmengllp.com E. VICTORY ROAD 20 _ _ S89'34'31 "E 2680.68' zo 30 29 POINT OF 390.22' ~ 2290.46' - - 29 COMMENCEMENT 500'14'19°W S89'34'31°E NW CORNER 25.00' 9.00' SECTION 29 ~R/v+ R/w R/W POINT OF BEGINNING I ~ 3 0 i - - I I ~9' WATER EASEMENT ~ I t- 3 00 0 N O (~~~ a M ~ m I ~^ ~~ LIDDELL z ~ i ~~~ 51129223510 N o ~ i alb N ( olo I izly~ I ~ I I I ~ ~ N89'34'31"W ~ 9.00' I 0 N I i ia/a rn/a rA/a- I ~ 0 20 40 80 120 Plan Scale low oATE ]-30-2013 PROIER: 1b0]l SHEET: 1 OF 1 LEGEND R/W RIGHT-OF-WAY LINE ® ® PARCEL 80UNDARY - - ADJACENT BOUNDARY - - - PROPOSED EASEMENT LINE EXISTING EASEMENT LINE SECTION CORNER OO 5/8-INCH REBAR / /~ CALCULATED POINT SECTION LINE '" w- WATER MAIN EXHIBIT B VICTORY ROAD AND LOCUST GROVE, MERIDIAN, ID TRADEWINDS SUBDIVISION NW 1/4 OF NW 1/4 SECTION 29, T3N, R1E, BM, CITY OF MERIDIAN