Water Main Easement with Liddell, Russell V. for Tradewinds SubdivisionE IDIAN~~--
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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)
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RvBLiC
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NOT RY PUB?L~,IC FOR [DAHO
Residing at ~`~~~~ ~ (l7
Commission Expires: ,L ~; ~ I ~~
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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 )
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County of Ada )
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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: ~~ ~ ~~~
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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
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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
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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