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Pressure Irrigation Easement with Nampa Meridian Irrigation District for Tradewinds Subdivision SDN, LLCMayor Tammy de Weerd City C®uncil eerfe . Keith Bird Brad Hoaglun Charles Rountree David Zaremba TO: Mayor Tammy de Weerd Members of the City Council FROM: Clint Worthington Staff Engineer II DATE: November 7, 2013 SUBJECT: PRESSURE IRRIGATION EASEMENT WITH NAMPA MERDIAN IRRIGATION DISTRICT L RECOMMENDED ACTION A. Move to: Approve the Pressure Irrigation Easement with Nampa Meridian Irrigation Dish•ict. 2. Authorize the Mayor to sign the easement. II. DEPARTMENT CONTACT PERSONS Clint Worthington, Staff Engineer (Project Manager) ............................................489-0349 Kyle Radek, Assistant City Engineer .......................................................................489-0343 Warren Stewart, Engineering Manager ....................................................................489-0350 III. DESCRIPTION A. Back rg ound 1. Tradewinds Subdivision is directly north of the Ground Reservoir #2 site sharing the northern property line. The subdivision and the ground reservoir project are currently both under construction. The pressure irrigation main that is to serve the tradewinds project is owned by Nampa Meridian Irrigation District and stubs into the ground reservoir site at the northeast corner. In order for the pressure irrigation to reach the subdivision, it will have to be extended through the northeast corner of the ground reservoir site. An easement will need to be granted to Nampa Meridian Irrigation District to allow access for maintenance and/or repairs of the pressure irrigation main. Pnge 1 of 2 2. The proposed easement will allow Nampa Meridian Irrigation District to access their pressure irrigation main for maintenance or repairs after construction is completed. IV. IMPACT A. FiscalImpact: No costs associated with granting NMID the easement. V. LIST OF ATTACHMENTS A. Pressure Irrigation Main Easement B. Easement Legal Description -Exhibit A C. Easement Map - Exhibit B ,~ Approved for Council Agenda: _ ~~~ ' ~ ~ r °` Page 2 of 2 ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 ' BOISE IDAHO12112I13 12:25 PM RECORDED~C REQUEST OF II I I I II I II II I I II II I I IIIII I IIIII I II III Meridian City 11.E 1 ~c7~~? EASEMENT THIS EASEMENT, given in connection with and pursuant to a Construction Contract for Urban Irrigation System in Tradewinds Subdivision Phase 1, recorded on September 27, 2013 in the records of Ada County, Idaho as instrument number 1 1 3 1 09500, re-recorded on the 6`h day of September, 2013 in the records of Ada County, Idaho as instrument number 113122500 and a proposed Addendum to Construction Contract for Urban Irrigation System in Tradewinds Subdivision Phase 1 to Include Tradewinds Subdivision Phase 2, between the developer, SDN, LLC, an Idaho limited liability company, and Nampa & Meridian Irrigation District, (hereafter referred to as the "Contracts"), said proposed Contracts are anticipated to provide that Nampa & Meridian Irrigation District (hereafter referred to as the "District") will assume the ownership, operation, maintenance and repair of a pressurized urban irrigation system in Tradewinds Subdivision Phases 1 and 2, subject to certain conditions, once it is completed by SDN, LLC and accepted by the District, and is granted in anticipation of the execution of said Contracts and completion of the pressurized urban irrigation system. WHEREAS, the City of Meridian, Idaho, is the owner of certain real property described in Exhibit A attached hereto. WHEREAS, SDN, LLC, intends to construct and install the pressurized urban irrigation system mainline to serve Tradewinds Subdivision Phases 1 and 2. Such construction will occur, in part, in the property owned by the City of Meridian as more particularly described in Exhibit B. EASEMENT -PAGE 1 WHEREAS, the District is an irrigation district organized under the laws of the state of Idaho, and may assume the ownership, operation, maintenance and repair of the pressurized urban irrigation system in Tradewinds Subdivision Phases 1 and 2 pursuant to the proposed Contracts and under the terms of Idaho Code Section 43-330A and Idaho Code Section 43-331 after the pressurized urban irrigation system in completed, accepted and transferred to the District. WHEREAS, SDN, LLC desires an easement for construction and installation of the pressurized irrigation mainline in the property described in Exhibit B. Nampa & Meridian Irrigation District desires an easement for the purpose of ingress and egress to operate, maintain and repair the pressurized urban irrigation pipeline when completed, approved and transferred to the District in the property described in Exhibit B. NOW THEREFORE, the City of Meridian hereby grants a construction easement to SDN, LLC for construction of the pressurized irrigation mainline in the property described in Exhibit B and an easement to the District at the time the pressurized urban irrigation pipeline in completed, approved and transferred to the District for the operation, maintenance and repair of the pressurized urban irrigation pipeline in the property described in Exhibit B. This easement is granted for the purpose of ingress and egress to such property and for installation, operation, maintenance and repair of the pressurized urban irrigation pipeline. This easement shall continue so long as it may be necessary and required by SDN, LLC to construct the pressurized urban irrigation mainline and so long as the required by the District to operate, maintain and repair the pressurized urban irrigation system to serve Tradewinds Subdivision Phases 1 and 2. This Easement is binding on the parties heirs, successor and assigns. EASEMENT -PAGE 2 IN WITNESS WHEREOF, the City of Meridian, has executed this Easement this ~~ day of ~ . 201 . CITY OF MERIDIAN ..~'' , , ~ ~ By ~,- ' Ta m Weerd, Mayor ~; '= A test: ~ ~ _ ° "` i/\ . ayce~ Holman, City Clerk '~ Approved by City Counsel on: ~~ STATE OF IDAHO COUNTY OF ADA tis: ~~?, O/~ On this ~ C~ day of ~~,~ ~~~,, 2011, 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 in this certificate first above written. ~....... ~,.~~, JON •. .• .w, ~o . , .~~ ', G , o~ ~ `. 1,' i ~ ~ P[71~1'-1~ ~~ ~- o ~u•y 'uhlic r Idaho _-- e~iding at: l~-(~v~ Cat ~ ~ 1 -~ .Idaho My commission expires:_~ ~ i c.~ EASEMENT -PAGE 3 g rol~ Y ~h ~~+ ~ ~~o~~i m h ~ ~p ~~ a ~ ~ ~ J o ~~~§~~ Y ~ ~ 4~_" Jyp YO rt,~, 11 nn)) ~ H N R ~1 y 1 U ~.j 1~ 1` ~ ~ 4 ~y 4 g l~ ? ~p~ ~ O y~Z~'^ ~g~ ~ ~r~ a phSpO~ l W~ I 22 t} 3 41 4~ K ,~' ~~ Q C 4 ~ J O~ 4t ~$~ O p I~ ~N 3" V $y8~ ~~ii C Sa W ~ p o u\ t~ a ~X?i py yp~jp ~ O ~y` j ~ ~ ti a J ~h~vt V4j~ ~i gi ,l ~~ ~ ~ ~ VS ~ ~ y~ ~ o ~ ~ ° ~p4~0~ Q,+ ~ p S J 4 2 o ~a ~~ a a ~ ~ ,&~~a~ ~~ ° g^ c~ror ~. m ~~ .snna M ,Ztil.0 s ,606'9L ,99'i W ;~ .~ ~~ ~~ r` a "V ~ 3 ~~ c,>nr ~ N s, r n, 4r O £ € ,/98rS M.Sl,ilAS v furor ~.raey ry ryl '^' `"~I ~ V U oo~gg! .l9 LOS ~59£9Z M .ZL,II.O S ~,p~ ~'~L ~ W I ~ ,zz<~ Q 0.'Q ~ m~ ~ ~~ ~~ i `O~! s w~~ ~m. 8 ~r, i ~ ,, .~~, 3 pa V ~ ~ " .oazri I / g ggb~ u M sl,YLO S [~ ,pI °~ i ¢B~ v ^^GG ~ "v"iii ~~q ~~ ao r~ ~ ao ~~ ~,. III ~ ~ w q ~~~ ~ r O 2~ ~ ~" ~ t„ m, ° ~ ,ocre[ .~,~, 3 <,,,, ,orn9t ,~, 3 69Y69! ~; Q ~ ~g 3,64~0N on?rr~9~osma aV0?I9d0t1~ JS11~07 ,css~9z ~7 ~ A o ~'~1 ~q p2N sa 111W ~ ~ ~ _~~ ° `i, ~m4 0 ~[~I ~ 5 ^ ll ~~tt pn `~ h g~ £ g J ~ E g ~ h Y ~ t 2~ Ua V~t ~~ ~ ~ a 8 ~ ~ 8 ~ g a ~ ~ ~ ~~ ~~~ e ~ ~ ~ :~ r~jl ~ ~ ~~ ~o~ ~ 3 ~° ~ 3 ~ ~ ~ y~1 ~3 $ Qi W ~ °o ~ n i1' ~ w ~~ ~§433.4# ~` ~' $ ~ ~ ~ i e ~ ~ ~' e~~ 3 ~ ~ ~ x n ~~~ a ~`~ a. ~ ~a a s° o w r.~ ~ ~~~ `" 3 ac ~ ~' ° a -`° ~ ~ a ~3Q. ~ ~ ~ .{i§~ ~ ~~ ~ ,~~~p W $ a 'yde& e ~ ~ ~ 8 ~ ~ s ~~ FS@ag ~O 4 W W ~~ $~~ 3 ; 3\ 3 o ,2~az \\9~ WA ~ p~~ 3 3 3 8 Q~W3 ~~y ~O~N h ~~ h w~ hl~ $~ M ~ h~ pi$ ~ ~~af ..~~W p~ ~ a~ ~ .~ h o Z^h la-n ~1 8y3a `°35~a ~ ~ ~ ag ~~ ~'y~ ~ 6 ~~ b~ ~ -~~& °ge sa 'S~ .F~ o m ~ ~ ~~~~ oe 2°~P 2~.$ y\ y 2~ y~ 2 y 2 2 ~ ~ a = ir~ G B° N N 2 ~ yi ~~- ~~ a^ s° a s s s~ ~ ~ 2 a ~~ ago ~_ g ~ ~~ ~~ ~~ ~~ ~~ ~ ~E ~5 ~~ ~~:~~ ~a ~ ~ ~~ ~ ~ ~~ _; ~ ~; ~~~ U ~~ ~I ~~ l 1i 1 ~1 i~1~. ,+ ~ ~na,e+r~ 9233 WEST STATE STREET ~ BOISE, ID 83714 ~ 208.639.6939 ~ FAX 208.639.6930 November 6, 2013 Tradewinds Subdivision Phase 1 Project No. 12-072 legal Description Pressure Irrigation Easement EXHIBIT' !~ Parcel of land for a Pressure Irrigation Easement 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 more particularly described as follows: Commencing at a 5/8-inch rebar marking the Northwest corner of said Section 29, which bears N00°14'18"E a distance of 2,645.69 feet from a 5/8-inch rebar marking the West 1/4 corner of said Section 29; Thence following the westerly line of said Northwest 1/4, S00°14'18"W a distance of 791.79 feet to a point; Thence leaving said westerly line and following the proposed southerly line of Tradewinds Subdivision Phase 1, 589°34'31"E a distance of 585.46 feet to the POINT OF BEGINNING. Thence following said proposed southerly line, S89°34'31"E a distance of 12.96 feet to a point; Thence leaving said proposed southerly line, 517°37'32"W a distance of 14.10 feet to a point; Thence N71°20'13"W a distance of 3.84 feet to a point; Thence N45°00'00"W a distance of 7.16 feet to a point; Thence N00°00'00"E a distance of 7.24 feet to the POINT OF BEGINNING. Said parcel contains a total of 125 square feet more or less and is subject to all existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. 0~~~t a_ri~Vl) _ 4r~ ~~,.~,a~ ~-> .,. ry~~"I; ~ O F `l~' lq '~'(l,~t ~ , 11; :1'~'1~ ENGINEERS ~ SURVEYORS ( PLANNERS U 3 ll V N v Q N CJ V ~, ~~ d N b .4 s 3 0 U 0 N r 0 H c x 0 x u rJ N ~ ~, I ,_- ~ \ I ENGINEERS, SURVEYORS.PIANNERS 9233 WEST STATE STREET ©OISE, IDAI10 83714 PfiONE (208) 639-6939 FAX (2U8)639~6930 DATE: 11.6.2013 PRaEa: lz-on SHEET; 1 OF 1 NW t~OE`tMEl7 SECTION 29 I'.O.C. ~ ~~. I .~--` --,_ orn~) O~NI~ ~ m ~ n PROPOSED TRADEWINDS ~p ~ ~ SUBDIVISION PHASE 1 ) O~r N of ~~ S89'34'31 "E _ 585.46' CITY OF MERIDIAI 51129223550 I M ~~ W 1/4 CORNER SECTION 29 P.O,® 7.24' ~d N45'00'00"W' 7.16' N71'20' 13"W_/ 3.84' U NPLATTED S89'34'31 "E 12,96' PRESSURE .r.--'-IRRIGATION EASEMENT -~ 14.10' TUSCANY LAKES SUBDIVISION No.2 EXHIBIT B TRADEWINDS SUBDIVISION PHASE 1 PRESSURE IRRIGATION EASEMENT NW 1/4 OF NW 1/4 OF SECTION 29, T3N, R1E, BM, CITY OF MERIDIAN 12.96 sR9°34'31"e r' >\ Title: Pressure Irrigation Easement m vv__ J~ p I Date: 11®0642013 Scale: finch = 10 feet File: Tract I : 0.003 Acres; 125 Sq Feet: Closure = n77.0448e 0.01 Feet: Precision =1 /4115: Perimeter = 45 Feet 001=s89.3431e 12.96 003=n71.2013w 3,84 005=n00.0000e 7.24 002=s17.3732w 14.10 004=n45.0000w 7.16