Sanitary Sewer and Water Main Easement with North Eagle Road, LLC a South Carolina Limited Liability Company for Meridian Commons Subdivision~~i~E IDIAN--
HOAK~
Community Development
Department
TO: Mayor Tammy de Weerd
Members of the City Council
FROM: Steve O'Brien
DATE: 10/8/13
Land Development Services
Meridian City Hall, Suite 102
33 E. Broadway Avenue
Meridian, Idaho 83642
SUBJECT: Sewer and Water Main Easement -Meridian Commons Subdivision
I. RECOMMENDED ACTION
A. Move to:
1. Approve a Sewer and Water Main Easement for the City of Meridian,
located on the site of Meridian Commons Subdivision.
2. This easement provides the City of Meridian access to public water and
sewer mains being installed to provide service for Meridian Commons
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
Steve O'Brien, Development Analyst 11
~~.c
Steve O'Brien, Development Analyst II
to-g-2oi3
Bruce rec eton, ment Services Manager
884-5533
489-0362
489-0371
Recommending
Approval
Ph: 208.887.2211 www.meridiancitv.org • Fax 208.887.1297
Rev: 01/2013
ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 E
BOISE IDAH010111l13 09:55 AM
RECORDEDs REQUEST OF III IIIIIIII~IIIIIIIII~II~~II~III I I III
Meridian City 11311 ~ 325
SANITARY SEWER AND WATER 1VIAIN EASEMENT
~S
THIS INDENTURE, made this_.i. "day of October, 2013, between North Eagle Road, LLC, a South
Carolina limited liability company, 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 called the
Grantee;
VVITNESSETH:
WHEREAS, the Grantor desires to provide a sanitary sewer and w•ate:r main right-of--way
across the premises and property hereinafter particularly bounded and described; and
WHEREAS, the sanitary sewer and water is to he 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 Crrantee;
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 anon-exclusive easement for the operation and maintenance
of underground sanitary sewer and water mains over and across the following described
property:
(SEE A'I"I'ACHED EXHIBITS A and B)
The easement hereby granted is for the purpose of operation of sanitary sewer and water
mains and their allied facilities, together with their maintenance, repair and replacement at
the convenience of the Grantee, ~~th the free right of access to such facilities at all times.
Notwithstanding the foregoing, Grantee acknowledges that the easement hereby granted is
located over a portion of the main access point to Grantor's real property adjacent to said
easement and, accordingly, Grantee agrees to utilize t1:e easement granted hereunder in a
manner so as to minimize disruption to the flow of traff c to and from the Grantor's adjacent
real propety as well as commercial operations thereon unless an emergency situation makes
such efforts impracticable.
TO HAVE AND TO HOLD, the said easement and right-of way unto the said Grantee, it's
successors and assigns forever.
Sanitary Sewer and Wafer Main Easement
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,
that after making repairs oi• perfprming other maintenance, Grantee shall restorethe area of
the easement and adjacent property. to that existing prior to undertaking such repairs and
maintenance.However; Grantee shall not be responsible for repairing, t~placrng orrestoring
anything placed within the azea described in this easement that was placed there in violation
of this easement.
THE GRANTOR hereby covenants and agrees that Grantor 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. Notwithstandingthe foregohtg, Use area described for this easement
may be paved (with applicable curbing) by Grantor as well as used for driveways, roadways
and parking spaces in compliance with that certain Development Agreement between the
City of Meridian, SGI, LLC and North.Eagle Road, LLC, dated January l5, 2013 and
recorded as instrument 113005608 with the Ada County Recorder; as may be amended from
time to time by the parties thereto. ~ ~ -
THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the
right-of--way and easement hereby granted shall become patrt of, or lie within the boundaries
of any public sweet, 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 GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and
possessed ofihe aforementioned and described tract ofland, and that Grantor has agood and
lawful tight to conveysaid easement, and that Grantor will warrant and forever defend the
title and quiet possession thereof against the lawful claims of allpersons whomsoever.
IN VrRTNESS WHEREOF, the said party of the first part has hereunto subscribed its
signature the day and year first heteinebove-written.
GRANTOR:
NORTH LE ROAD, LL
B.
R becca K. Wright, as its gar
STATE OF NORTH CAROLINA )
ss
COUNTY OF RunCeti, be )
Sanitary Sewerand Water Main Easement
``,`~ N ~C ~?~ this ~ day of OST , 2013, before me, the undersigned, a Notary Public
'~}- or said State, personally appeared Rebecca K. Wright, known or identified tome to
```~~.`~~ ~~~ agcr of the company that executed the within instrument, and acknowledged to
~Q' me tha~uS}} company executed the same.
O p7A f-~
= ~ ~ T'IG WI'l,l'~~S WHEREOF, I have hereunto set my hand and affixed my official seal the day
',~ ~8``~nd year'fis~above written.
' G2 ,,~~1l2v:
~'~~i~O~e - v~`~~``` ARY PUBLIC FOR ~ AROLINA
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GRANTEE: CITY OF MERIDIAN
d
'Tammy de W~cj! Mayor
L. Holman, City Clerk
A U~ Lis
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~~~0/thr TflG AS~~~~~
Approved I3y City Council On: ~C}~ 1 ~ «b~
STATE OI' IDAHO
ss.
County of Ada )
On this ~ ~ _day of ~~_ V ~ , 2013, before tne, the undersigned, a Notary Public
in and for said State, personally appeared Tamnly de Weerd and ,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 Vb'IT~IESS WHEREOF, I have hereunto set my hand and affixed my aflicial seal the day and
year first above written.
_.~~~~~_
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NOTARY PU LIC FOR IDAHO
Kesiding at: ~~q ~ ~_
Commission Expires: ~ ~~/ - I g
Sanitary Sewer and Water Main Easement
SILVER CAPITAL COMMERCIAL FUNDING, LLC SOINDER AND CONSENT
The undersigned, Silver Capital Commercial Funding, LLC, a Florida limited liability company, which is
the holder of that certain mortgage lien encumbering that certain real property in Ada County, Idaho, owned by
North Eagle Road, LLC, a South Carolina limited liability company (N. Engle), pursuant to that certain Deed of
Trust Assignment of Rents, Security Agreement and Fixture Filing recorded as instrument #1 13 01 0827 and that
certain Assignmentofl2ents, Leases and Profits recorded as instument#113010828 inthe AdaCounty Recorder,
Idaho, hereby joins and consents to the rights, privileges, easements and grants set forth in that certain Sanitary
Sewer and Water Main Easement dated October., 2013, between N. Eagle and the City ofMeridian, an Idaho
municipal corporation, and subordinates the lien of its mortgage to said rights, privileges, easements and grants.
WI"fNESSES:
LENDER:
SII,VI;R CAPITAL COMMERCIAL FUNDING,
LLC, a Florida limited liability company
Print Name: ~Q'f'YIGq /Ii-. C~OS-F9
Print Name1J' ll e.K.t to ~T~~
STATE OF FLORIDA ) `~
)SS:
COUNTY OFPALM BEACH )
By: Silver Capital Advisors,
a Virginia corporation, ,
its Manager
Print Title: U'~/ ~'Y2Q SLLYPI~
`J~
This nstrument was acknowlgd_ged before me on October !~_ 2013, by
\~?SSB ~ 1-~vl~hnUSetr ,as (~Y(~~~YfQ~$I,LYCY _ofSilverCapitalAdvisors,Inc.,
a Virginia corporation, as Manager of Si[ver Capital Commercial Funding, LLC, a Florida limited liability
company, on behalf of said limited liability company. He he is personally known to me,.or-has-predet~ed
as-id~tki#teatiQn.
2013.
o~aty22'y'Oi
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HEE 839980
IN WITNESS WHEREOF,1
A.
set my hand and Notarial Seal this / " I day of October,
My Commission Expires: ~ I
H:\9711 \223221DSewer W aterEassmenrCiryAGG, dnc/egg
$otary Public
~ia~rlGa A. Cosf~~
Notary Public Printed
Sanitary Sewer and Wa[er Main Easement
T1 f /w~
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- THH LANDGROOP, rNC. ..
March 16, 2033 ..
Protect No. 112109
Sewer & Water Easement bescription- ~ -
Merldian Commons
6,795 Square Feet
Exhibit "A"
A trail of land situated in a portion of the Northwest One Quarter of Section 4, Township 3
North, Range 1 East, Boise Meridian, Clty of Meridian, Ada County, Idaho, described as follows:.
COMMENCING at the West One QuarterCornerofsaid Section 4, which bears South 0°36'08"
West a distance of 2,611,39 feebfnim the Ngrthwest Corher of sold-Section 4, thence, South
89°45'23" East a distance of 350.00 Feet to a point on the northerly right-of--way line of East
- .River Valley Street -
Thence leaving said northerly r1gBt-of-way Ifne, North 0°36'08" East a distance of 41:47 feetto
ChePOINTOFBEGINNING.
Thence North 89°45'23" West a distance of 150,21 feet;
Thence South D°14'37" West a. distance of 11A6 feet;
- Thence North69°45'23" West a distance of 20.00 feet;
Thence North 0°14'37" East a distance of 11:06 feet;
Thence North B9°45'23" West a distance of 14.52 feet
Thence North0°14'37" East a distance of 35.00 feet;
Thence South 69°45'23" East a distance of 11.75 feet;
- Thence North 0°14'37" Cast a distance of.10.44 feet; -
Thence South 89°45'23" East a distance of 10A0 feet
Thence South 0°14'37" West a distance of 10.44 feet;
Thence South 89°45'23" East a distance of 163.20 feet
Tflence South 0°36'08" West a distance of 35.00 feet POINT OF BEGINNING.
The.above-described tract of land contains 6,79SSquare feet, mare or less, subJect to all existing
easements and rights'of-way. - ~ ~" -- - -
Attached hereto is Exhibit "B" and by this reference made apart o.~pL L4Nds
hereof. Gti i:~`cNr` ra-
Prepared By: THE LAND GROUP, INC. o ~/~-.
462 E SHORE DRIVE; 5llITE 100 ' ~ ~ W 14216
EAGLE,IDANO $3616 d`T p
208-939-4041 ~gTf OF tO?~.,~ .
208-939-4445 (FAx) ~4EL. k1~~
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.t.nnAimPrArzlxYMUn +Sllz Plnnning • GwlEr~pjnarhg.• Ga~Gxvrm lmgvliox drEnginrwing •C,r¢bir Cowexxtliralrxx
462 E Shore Orive, Smr tOQ Eegle, Idaho 8361 fi • Y 208.939.4041 P 203.939.4445,J,~h~.-~. th ao tFv~pirc ceg
- G;\2012\112109\Admin\Legals\1. 13031a Sewer&Watrs'Eaaiment Deecllption 11 Z709.doc
- Situatedln~theNWt/4alSection4,.
Township 3 North; Range 3 East, B.M.,
Mertdtan, Idaho
2013
NW COR
SEC 4
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ENGINEERISURVEYOR _
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hibit B 3/1 012 01 3
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