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Water Main Easement Mission Coast Properties ID, Inc. for Mission Coast PropertiesADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 f BOISE IDAHO 01109!14 01:14 PM DEPUTY Bonnie Oberbillig III IIIIIIIIIIIIIIIIIIIIIIIIIIII I II III RECORDED-REQUEST OF 114~1~t~~7 Meridian Cily WATER MAIN EASEMENT ~- ~'~ JAS aoi~ / II ~ ~ p ~~'` TMS INDENTURE, made this day of-~_, 29~between 13 /cam (. ~CT ~' 1'S, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada Coun ,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 main 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 ofthe 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 construction, operation, maintenance, repair, replacement of a water main 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 line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement 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 construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shal I 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. 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. Water Main Easement EASMT WTR.doc 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. GRANTOR: ~I President Secretary STATE OF IDAHO ) ss County of Ada ) / ~ ( / ~(-~~ ~~a Q~ ~ eS '~,~ ,LNG , On this ~-_ day of . 1.1cP 1~ ,rnb.c.~ , 20~, before me, the undersigned, a Notary Public in and for said State, personally appeared L~t~)~~11n~' and 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 affiaced my official seal the day and year fist above written. ~pTAR ~ ~~~ ~'UBL~G Residing at Commission FOR IDAHO Water Main Easement EASMT WTR.doc z GRANTEE: CITY OF MERIDIAN Tammy d erd, Mayor _ ~~ ~' "~ ~~ `_ F i~ Attest by`~aycee L. ~o-Tman, City Clerl~ '- Approved By City Council On: STATE OF IDAHO ) ss County of Ada ) City of ~i 11'g~~~ti~_ ~yi b3 nC~10~ ~~. .~,. .'e ~.i':. Y. ~~ ~, ~" -}-~ On this ~ day of ~ ~ , 20~, before me, the undersigned, a Notary Public in and for said State, personally a peared 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. ,.... ~ . .~~OA J~.~ xg °, ,_ ~: , N~TARY PUBL C FOR IDAHO (SEAL) ~l~tesiding at: ~ ~ ~ ~r ~ C~1 ~ c~ ~~ I t~_ Commission Expires: ~~, 4-~ ~~ ~-, ~ r~, _ .;,, Water Main Easement EASMT WTR.doc T-O ENGINEEfaS ~1i;~_ ~~ ~ ~1',a E,{!I , ~,lR 3?~ ' E'rt~ject Ttici: I x(1078 1)atc: C)ctc'Ihcr iii. ?f113 1411SSION COAti'r 1'it0Pl~:lt'1'IE5 iU, INC. 1'AItCF,I. ~VA`fER F.A~F.117F,NT AC'QUI~I TIC)N .1 }~arccl of land situated in the Nc~rthea,l i{utlrter ~If the Southeast Oclarlcr al~ tirctilm ,f), i o~, nship ~ Nurtl~, Ran~!c I I.~ttil. 13c~ltic I\~Jericfian.:1cia Count, idahn. hcin~ ~I hortl~~n cif f'arccl [ of 1)ccd illtill'lllll~Ill Nu. I 1 aU6c)7~)?. hcin~ nwrc ~~IrticuJ~trl~ described a~ li~llnw5~ C0J191191?NC1NC: ut the Southeast cllrner of the Northeast ciuarter e~f the tiuuthc~tst Quarter of ,Section ;(1, thence, along; the Fast Ilnl (~} S~lld Scctlon iC), ~) N.O- ~t)~U7"1,~ ~ 57.15 ft~t: thcncc. Ic~l~ m~ said I ast Itne. 13~ S.Rc) ?4'> i"V~' . ~8 OU feet to ~- point un the ~~estcrl~ rl~ht-o1=11 a) llnc of ~. 1 ocust Gro~c Road_ mrlrl.tn~ the POINT OF BF(:INNING: thcncc, 1) 1\ -i~' ;t1~ I I ..`,~ ., ~-{ Sit feet. thcncc. } Is;.(i''27~~6'~~~ -- ~C.-J7 feet to the centerline x.11 the itidcnhau~h C~tnaJ: thcncc. tllun~~ salid ccntcrlin~. 1 '` fi(i J 7"-it)"1 „ i>.t) ( Cent to the ~~estcrh ri~lZt-ul-~+a~ Inge of Said ~. J.uctl5t (_~1'u~ c ltaad: thence ~Ilun~ bald right-c~J-~~a~~ line, the io}I~1« ink; courtier -i) S t) ~U~t17-~1 . ~7.?R lcct: thcncc, lc~l- inc. s aid ric.ht-ui-«a~ line. } ~.hO- 17'-~(1"'til" , 14.8 left. thcncc. b- S (}. ~O't}7"J '(~ fi i feet to the POIN"T OF RF(:INNIN{~ } h~~ ahu~ c de~~ - ihc~l Irlrcc} C(-1NT:11 N~ ! n7Ct ,c}uurc 1'cet. ntc3re ~~r lcs`. 5l [iJECT' T(.) Rcr~n-~} dorunicnts r 1301,5}. • LUI-~'R ii'.~LI Nl • \ \A~il' l ~~ tY~~.c a~ ^rl L ~' `~~ lo-~o-J3.~~ fl "' ~, ~ I t ~, e J Q ~_, 0 <n w w ~~~ Q ~- t~ w a CITY OF MERIDIAN ~VVATER EASEMENT ACQUISITION MISSION COAST PROPERTIES Located in the NE 1 /4 SE 1 /4 SECTfON 30 TOWNSHIP 3 NORTH, RANGE 1 EAST, B.M. ADA CO~JNTY, IDAHO 4 5 ~ 30 a ~t~ r ~~ ~i~ o ~~ ~~ %/i 3 iQ r.PNP~- -o I~ 1 LANp~\ G ~`\. 'PL LEGEND ' P.o B. ! ~/~~~~~/~~,f /,;~ ,rAT~r LnSi P~1Ei~t i o t+,~~.J~l r F'r~~i(~1 i f r-~n)_i-~inc_; seLr - l_~`~~t~.iF tai i ~C~i ~~t~,1~,R~,~ ~r :,~ .., o 6 .~ -to-I3~o 0 F ~~~ ~~<`'~ J. ~ RCS T-O ENGINEERS 9777 CHiNDEN t3i~?JLEVARD BOISE, IDAHO 8371-2008 PH~,NE- (208) 323-22s~f FP,X (208j 323-2359 _ !C~7: 130078 ~~i~E IDIAN~-- Public IDAHO Works Department Mayor Tammy de Weerd City Coaeeil Memlb~r~~ Keith Bird Brad Hoaglun Charles Rountree David Zaremba TO: Mayor Tammy de Weerd Members of City Council FROM: Kyle Radek DATE: December 18, 2013 SUBJECT: WATER MAIN EASEMENT FROM MISSION COAST PROPERTIES RECOMMENDED ACTION A. Move to: 1. Approve the Water Main Easement from Richard and Beth Davies; 2. Authorize the Mayor to sign the easement. II. DEPARTMENT CONTACT PERSONS Kyle Radek, Assistant City Engineer 489-0343 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION A. Back rg_ound In order to serve the new Pressure Zone S in south Meridian, the City is designing and constructing a waterline extension project from the new booster station south of Victory Road, to Wrightwood Drive south of the Ridenbaugh Canal. This waterline extension will cross both the Ridenbaugh Canal and Tenmile Creek. The crossings are planned outside of the roadway and require easements from neighboring property owners. B. Proposed ProLt The subject easement will enable the waterline extension crossing of the Ridenbaugh Canal. IV. IlVIPACT A. Strate ig c Impact: Page 1 of 2 The waterline extension project promotes the Public Works mission of providing exemplary public services and facilities that support the needs of our growing community. B. Service/Delivery Impact: The project will allow service to the newly developing Pressure Zone 5. C. FiscalImpact: This easement is granted at no cost to the City. V. TIME CONSTRAINTS The attached easement needs to be executed so that construction can take place in early spring, 2014. VI. LIST OF ATTACHMENTS Water Main Easement and legal descrip ' n i i Approved for Council Agenda: -- IZ 1 I2 ate Page 2 ojZ