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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 ) } SS County of Ada ) GRANTEE: CITY OF MERIDIAN t.7+ ~s Tammy de rd, Mayor V_ \.~~~O~rFO ~~'= ~~a~,L ~`~ Attest by J ee L. Holman, City Clerk %,~ 9~ ~GSr ~s~ • ~ ZQ ~.~~ 1 .~ 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 pU B i.~G do ~''qpF OF I~Pr~• City of meridian, Idaho Water Main Easement EASMT.WTR 1-29-09 I- 29-09.doc January 4, 2010 ~f ~~ Page 1 of 2 ~~ ~~ ~~s~ 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. 1 Loi~drmpe Anlu~rclurr ~ Site P/m~xing ~ CivilJ?~igbmring ° GoljCor~rre Imgotron e5'.Eugiueuisg . Gm~ibit ComiNnxirotioa 2G] Canyon Crest Drive, Twin Falls, Idaho 83301 P208-733-4041, F208-733-4045 ° www.thcJandpiu~oin xn O:\CAD\2009\109008\Survey\Legal\11_091202109008 h20 easement.doc ~i i~ •- J ' `~ ~i 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) 51~~ ~ ~~ a~-67 A ;~~ \6'' Z~,~r[r~pe.~1lrbrltr!!In • Stt6 PlOJlAlH& • Evil E!lBinatrrrrg • Golf Cwrrra Ilrigalioa ¢5'.E!lglkaii!{q • GrapLic Cmiminxirotiox 26i Canyon Crest Drive, Twin 1~aUs, Idaho 83301 P208-733-4041, F208-733-4045 • ww~~ h 1~n ~gme inc ~ m O:\CAD\2009\109008\Survey\Legal\11_091202109008 h20 easemencdoc /~~~ OF ti~g A. '~'~~ s ~~ 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 - ' ~I ~~ 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~ 5 b v Londeonp" /roMl~olvro ~~ A,~ ~~ r~~`~ ~ "'~ `' ~ CITY OF MERIDIAN 01-04-10 . ~~ t ar~,,.,,i. ~ WATER 109008 ~ ~ =~~~ ~ ~. ~~.~, ~ ~~; ~~.,~,6 LINE EASEMENT KING`S CONGREGATION EXH I B l T B