Water Main Easement with Kings Congregation Church for Kings Congregation Church~~i~E IDIAN~-
Public ~ D A H O
Works Department
TO: Mayor Tammy de Weerd
Members of the City Council
FROM: Steve O'Brien ~ ~ -
DATE: 3/18/10
Mayor Tammy de Wesrd
Cliky Csraeffl Me,niicrfi
Keith Bird
Brad Moaglun
Charles Rountree
David Zaremba
SUBJECT: Water and Sewer Main Easement for Kings Congregation Church
I. RECOMMENDED ACTION
A. Move to:
1. Approve a Water and Sewer Main Easement for the Citv of Meridian
located on site of the Kin s Congresation Church
This easement provides The City of Meridian access to new water and sewer
mains being installed and to provide service for the new proposed Kings
Congregation Church.
2. Authorize the Mayor to sign the easement.
II, DEPARTMENT CONTACT PERSONS
Tom Barry, Director of Public Works
Bruce Freckleton, Development Services Manager
Scott Steckline, Land Development Supervisor
Steve O'Brien, Development Analyst
Supervisor Approva
Scott Steckline
489-0372
489-0362
489-0369
489-0371
Page 1 of Y
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 f
8018E IDAHO 04107/10 03:08 PM III IIIIIIIIIIIIIIIIIIIIIIIIIIII I II III
DEPUTY Viold Allen
RECORDED-REQUEST OF 110031~~5
Ciy of Maridlan
WATER MAIN EASEMENT
THIS INDENTURE, made this ~I " day of , 20~between
~~ A ~ ~ ~ ~ ~ ~~~~ ~~~ ~~=~ a ~ ~ . ~ ,~-w'~' ~~i~ ,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 particulazly 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.
TT 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 azea 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 1-
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
].awful 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.
On this ~~~ day of ~ .._ _.,. , 20 _,~ ___, before rne, the undersigned, a Notary
Public in and for said State, personally appeared ~~,,~,~_~
and ~T' 1~0 t N known. or identified to me to be the
and ,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 h d and.. affixed myo ial seal the day and year
fist ~ b e i~ten,. a. ~~,.~,.~.
... 1~
1~.a _ < : ~ f f'1r1L1
~-~~-1- ,R~ 1~~ NOTARY PUB~FOR ID HO
Residing at: '~ 'i°'
Commission Expires: l ~
City of meridian, Idaho
Water Main Easement EASMT.WTR t-29-09 l-
29-09.dac
STATE OF IDAHO )
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County of Ada )
GRANTEE: CITY OF MERIDIAN
t.7+ ~s
Tammy de rd, Mayor V_ \.~~~O~rFO ~~'=
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Attest by J ee L. Holman, City Clerk %,~ 9~ ~GSr ~s~ • ~ ZQ ~.~~
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Approved By City Council On: /,~~~"~' ~ ~ ~®` `\` ~
STATE OF IDAHO )
ss
County of Ada ~,,_)
Ori this ~D~ r -day of ~Yi ~ , 20~(~, before me, the undersigned, a Notary Public in
and for said State, personally ap ed TAMMY DE WEERD and JAYCEE L. HOI,MAN, 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 officjrhi seal the day and year
first above written.
Q ~ N ARY P~
~ „~O,TA~y R siding at:
~"`'r Commission
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~''qpF OF I~Pr~•
City of meridian, Idaho
Water Main Easement EASMT.WTR 1-29-09 I-
29-09.doc
January 4, 2010
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THE LAND GROUP, INC.
Project Nv.109008
Legal Description
KING'S CONGiiEATION CHURCH
Water Line Easement
. 4,750 square feet
EXH181T A
An easement for access, construction, and maintenance of water facilities situated in
the Northwest One Quarter of the Northeast One Quarter of Section 30, Township 3
North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, described as
follows:
Commencing at a 5/8-inch steel pin monumentingthe Northeast Corner of the
Northwest One Quarter of the Northeast One Quarter of said Section 30, from which a
5/8=inch steel pin monumentingthe Northwest Corner of the Northwes# One Quarter of
the Northeast One Quarter of said Section 30 bears South 89°42'13" West a distance of
1,319.99 feet;
Thence following the easterly line of said Northwest One Quarter of the Northeast One
Quarter, South 00°03'11" West a distance of 158.81 feet to the POINT OF BEGINNING;
Thence continuing South 00°03`11" West a distance of 39.00 feet to a point:
Thence leaving said easterly line, North 89°53'00" West a distance of 225.19 feet
to a point;
Thence North 00°17'47" West a distance of 20.00 feet to a point;
Thence South 89°53'00" East a distance of 129.10 feet to a point;
Thence South 00°07'00" West a distance of 2.00 feet to a point;
Thence South 89°53'00" East a distance of 16.25 feet to a point;
Thence North 00°07'00" East a distance of 2.00 feet to a point;
Thence South 89°53'00" East a distance of 65.35 feet to a point;
Thence North 00°07'00" East a distance of 19.00 feet to a point;
Thence South $9°53'00" East a distance of 14.59 feet to the
POINT OF BEGINNING.
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THL• LAND GROUP, CNC.
January 4, 2010
Page 2 of 2
The above-described tract of land contains 4,750 square feet, or 0.11 acres, more or
less, subject to any existing easements or rights-of-way.
Attached hereto is Exhibit "B" and by this reference is made a part hereof
Prepared By: 'THE LAND GROUP, INC.
462 E. SHORELINE DRIVE
EAGLE, IDAHO 83616
208-939-4041
208-939-4445 (FAX)
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OF ti~g
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Situated in a portion of the
NW 1/4 of the NE 1/4
of Section 30,
Township 3 North, Flange 1 East, B.M.,
City of Meridian, Ada County, Idaho
• 2010
E. VICTORY ROAD
._ ~ ~ ~ N89 42'f 3"E 1319,99' .
FOUND 5/8" STEEL P!N
W CORNER NW 1/4, NE 1/4 ~ FOUND 5/8" STf_EEL PIN I
SECTION 30 NE CORNER NW 1/4, NE 1/4 !
sECnON 30 -
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S89'53'00"E I POINT OF
14.59' BEGlNNlNG
ND•D~'oo"E
S89 53'00"E 19 Od
NO'E7'47`W S89'S3'00"E 129.10' 65.35' ~ ~ ~_
20.00' SOb7'00'W ~/ `~
4,750 SF t _. - NO'07'00"E
~-------zoo _-_ _zoo' ss.oo~11`w
N89'S3'00"W 225.19' 599'53'00"E
16.25' E. PIENZA ST.
/p,L LA~y~
10
~ FOUND 5/e' STEEL PIN a /~ ` ~ ~ ti
® CALCULATED POINT ~ 111 D ~
- - - - - - - - - - EASEMENT UNE y
- -- --- - SECTION UNE '~~~•~' Og Z~,9e~
• EXI571NG RIGHT-OF-WAY UNE "~' ~r ~4~
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KING`S CONGREGATION
EXH I B l T B