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
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Denny Cline, evelopment Analyst II
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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 )
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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
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City of Meridi$~ ho CJ ;
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Water Main EaSei .• EASMT.WTR 1-29-09 1-
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GRANTEE: CITY OF MERIDIAN
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Tammy d~erd, Mayor
L. Holman, City Clerk
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Approved By City Council On:~_t()~~~~j_/q ~F~'/~
STATE OF IDAHO )
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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.
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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.
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LOCA DIN LOT . LOCK 1® NOTHPOI C® MC SU DIVISION N0.2
ECTI®N 26® T.4 N.® R.1 1N., .Mm, MERIDIAN, ID