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Water Main Easement with Capital Educators Federal Credit Union for Capital Educators Federal Credit UnionCommunity Development Department Lan vlo rnn rvic~ 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: 11/6/13 SUBJECT: Water Main Easement -Capital Ed Federal Credit Union I. RECOMMENDED ACTION A. Move to: 1. Approve a Water Main Easement for the City of Meridian, located on the site of Capital Educators Federal Credit Union, 4853 N Linder Road. 2. This easement provides the City of Meridian access to a public water main installed to provide service for Capital Educators Federal Credit Union. 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 /~ d Denny Cline, evelopment Analyst II _.. ..~- `' ~~ ~~~~~ Bruce FreckletonaDevelopment 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 IDAH011120113 12:51 PM DEPUTY Vicky Bailey III IIIIIIIIIIIIIII~IIIIIIIIIIIIIII ~II RECORDED-REQUEST OF i Meridian City i i'1~~?~r WATER MAIN EASEMENT THIS INDENTURE, made thi~,~ day of I ~-~U~ ~ ~ ~'~ ~? 20 `~ between Capital Educators Federal Credit Union , 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 water main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water 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 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 a water main at the convenience of the Grantee over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water main and its allied facilities, together with maintenance, repair, replacement and subsequent connection thereto of water mains 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 making repairs, performing other maintenance or making subsequent connection to the water main, 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. City of Meridian, Idaho Water Main Easement EASMT.WTR 1-29-09 I- 29-09.doc 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. Secretary STATE OF IDAHO ) ss County of Ada ) On this ~~ ~ 4 ~ day of ~ ~~~Y1,~-~l , 20 ~~ ,before me, the undersigned, a Notary Public in and for said State, personally appeared ..~-on~l E~ I~ C k SC I ~ and I~'ZV i~~ ~ C~ ~~~'c=11C c~ ~ known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. / `~.•`'~tiC ~; E ~Np~'•.,~~ NOTARY PUBLIC FOR IDAHO ~`-:NL~T •.~~A~, •~ Residing at: l~j ~tL t qq : ~ ~ Commission Expires: ~ ~> > / S. 2. s A ~•~ ~ City of Meridi$~ ho CJ ; • BLIC Water Main EaSei .• EASMT.WTR 1-29-09 1- .,~~•pF ;,p A,~~~,•• GRANTEE: CITY OF MERIDIAN a~~{:~U .ucLs ;,' r~ Tammy d~erd, Mayor L. Holman, City Clerk ~S r cr-<,~ ~i!=' l' 1 ICI A N?~--- yq~~'j~~~7-~ati~o /, A~ ~F. w ''i 7.RE ~5 ~: Approved By City Council On:~_t()~~~~j_/q ~F~'/~ STATE OF IDAHO ) ss County of Ada ) On this~~_ day of~~~~'~'c'_r~'1~,~/ , 20 13 ,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. ~;~ . ~~~(SEAL) O .. ,~ ~~. • M. ~ • • ~~ r ~ .~ ~~~~lt~ ~: .~~--~ ~. •~~ AH~~. NO~'ARY PUB1;,~ FQR IDE IZ ding at: ti~~6' ( (~~- %'~ Commission Expires: ,, jc~ City of Meridian, Idaho Water Main Easement EASMT.WTR 1-29-09 1- 29-09.doc Ex~1161T ~ ®ESCRIPTi®N ®~ CITY ®~ nn~Ri®IAN WATER uNE EASEMENT August 28, 2013 AN EASEMENT BEING A PORTION OF LOT 5, BLOCK 1 OF NORTHPOINTE COMMERCIAL SUBDIVISION N0. 2 AS RECORDED IN BOOK 104 OF PLATS AT PAGE 14089, LOCATED IN THE SE 1/4 OF SECTION 26, TOWNSHIP 4 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 26, T.4 N., R.1 W., B.M., THENCE N 00°24'54" E 278.11 FEET ALONG THE EAST LINE OF SAID SECTION 26, BEING THE CENTERLINE OF CINDER ROAD, TO A POINT; THENCE N 89°35'06" W 38.00 FEET TO THE NORTHEAST CORNER OF LOT 5, BLOCK 1, NORTHPOINTE COMMERCIAL SUBDIVISION NO.2, THENCE N 89°35'06" W 74.59 FEET ALONG THE NORTH LINE OF SAID LOT 5 TO THE REAL. P®INT ®F BEGINNING OF THIS DESCRIPTION; THENCE S 00°28'27" W 19.76 FEET TO A POINT; THENCE S 50°58'49" W 6.83 FEET TO A POINT; THENCE S 00°28'27" W 3.12 FEET TO A POINT; THENCE N 89°31'33" W 9.76 FEET TO A POINT; THENCE N 00°28'27" E 8.03 FEET TO A POINT; THENCE N 50°58'49" E 6.52 FEET TO A POINT; THENCE N 00°28'27" E 15,04 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 5; THENCE S 89°35'06" E 10.00 FEET TO THE REAL P®INT ®F BEGINNING OF THIS DESCRIPTION. jr ~ i~ ~,~L ~.: 9 ~~ ,y ~.~~~I.. 1 "5®' O w ,, ~I~ { .~... ®... cILLIAN R®A® L1 L7 26 25 35 36 414®®1®2®2®®®1®~•~ 1405 I I I I LOCA DIN LOT . LOCK 1® NOTHPOI C® MC SU DIVISION N0.2 ECTI®N 26® T.4 N.® R.1 1N., .Mm, MERIDIAN, ID