Loading...
Sanitary Sewer Man Easement with Hayden Homes Idaho, LLC for Village at Cold CreekADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 5 BOISE IDAHO 03/20/14 09:41 AM DEPUTY Bonnie Oberbillig II I IIII IIIIII III III III II IIII) II III III RECORDED-REQUEST OP 11~0~~~71 Meridian City SANITARY SEWER EASEMENT THIS INDENTURE, made this ~ ~ ~~ day of ~ ' ~ ~' , 20 ~ ~ ~ between Hayden Homes Idaho, LLC, 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 sanitary sewer right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer 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 over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of constriction and operation of a sewer line and their allied facilities, together with their maintenance, repair, replacement and subsequent connection 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 malting repairs, performing maintenance, replacements or subsequent connections to the sanitary sewer mains, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such procedures. 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. Sewer Main Easement EASMT SEW 1 1-15-13.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 fiuther 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 signatm•es the day and year first herein above written. / ~ ~ ~~~ GRANTOR: t ~/f6 .-~ gay .;~z, Secretary 2464 SW Glacier Pl. Ste. 110 Redmond, OR 97756 Address STATE OF fT ~t ~f~_~ ) ss. County of 1~ ~l ~ ) On this day of ~_____, _. ' , 20 ~ ,before me, the undersigned, a Notary Public in and for said State, personally appeared ~ tl °~ ,_ _:~_ _ __ ~ and known or identified to me to be the~-~esid~en~tand Secretary, respectively, of the corporation that executed the within" instt-ument, 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 first above written. r~"' C7F'{"~ICI~L ~~~L ' ti f ~:~~~ Ir ~&~?~~~L~ ~ ~t~~'t-9t~1 ~/ NO~'A~Y F'tJl3ta]y -UFiF~~C~Pd %' c;Uh~A49S~1+~{d h?~. 4':5862 MY i:(~~PiMIS81t~P~ E:XE~{Fi~;~ ~JIJLY 15, 2015 -- - - ~ 4~ NOTARY PUBLIC FOR ~ ~ ~ I I ~ > Residing at: ~ < __ _ 0_ _ _ Commission Expires: Sewer Main Easement EASMT SEW 11-15-13.doc GRANTEE: CITY OF MERIDIAN Approved By City Council On: ' f STATE OF IDAHO, ) ss County of Ada ) On this day of , 20 ,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. (SEAL) ,.. a` NO'I-ARY PU1~~IC FOR IDAHO Residing at: Commission Expires: _,. , :, ~, _' ~ ` ~ ,- ...._ rE= ,~~.,,, r„ ~. rh,^ i' Sewer Main Easement EASMT SEW 1 1-15-13.doc Le~~l Descri tp ion Village ~t Cold Creek Subdivision Sewer Ni~in Easement -Exhibit ~ An easement located in the SW '/ of Section 35, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as foilows: Commencing at a 5/8 inch diameter iron pin marking the southeast corner of said SW '/, from which a Brass Cap monument marking the southwest corner of said SW'/4 bears N 89°15'57" W a distance of 2643.50feet; Thence N 89°15'57" W along the southerly boundary of said SW % a distance of 688.00 feet to a 5/8 inch diameter iron pin; Thence leaving said southerly. boundary N 6°03'09" E along the westerly boundary of Primeland Subdivision as shown in Book 83 of Plats on Page 9085, records of Ada County, Idaho and the prolongation thereof a distance of 430.47 feet to a 5/8 inch diameter iron pin; Thence. leaving said westerly boundary N 62°13'25" W along the southerly right-of way of Five Mile Creek a distance of 90.13 feet to the PAINT ®F BEGINNING; Thence leaving said southerly right-of-way S 27°46'35" W a distance of 114.86 feet to a point; Thence a distance of 20.76 feet along the arc of a 60.00 foot radius non-tangent curve left, said curve. having a central angle of 19°49'31" and a long chord bearing N 47°43'30" W a distance of 20.66 feet to a point;. Thence N 27°46'35" E a distance of 109.69 feet to a point on said southerly right-of-way of Five Mile.. Creek; Thence S 62°13'25" E along said southerly right-of-way a distance of 20.00 feet to the POINT ®F BEGINNING; This parcel contains 2,233 square feet and is subject to any other easements existing or in use. Clinton W. Hansen, PLS Land Salutions, PC January 15, 2014 \p~PL LANs ~ 4~G ~S T E fi ~~ ~- c~ ~ ~`~`~~ ~ ~ ~I ~~f~l~ ~ .~ {`~.~ TF o F ~p ~~ ^~ (,~~-" rand Surveying and Consulting roN ~ ~~~ Village ai Cold Creek Job No. 13-45 VILLAGE AT COLD CREEK SUBDIVISION SEWER MAIN EASEMENT -EXHIBIT B LOCATED IN THE SW 1/4 OF SECTION 35, T4N, R 1 W, BM, CITY OF MERIDIAN, ADA COUNTY, IDAHO Fj ~ M~<F cRFFk \ ~s \ " e ~ ~~' POINT OF 10 ~`3 .BEGINNING 0 J Z D Q O W _J ~yZ,~ F- 34 35 1622.31' 3 2 LINE TABLE LINE LENGTH ^BEARING sr, .~ ~~v ~ ~O ~~\O ~} } J O <I Y m ZI ~ ~~ sg: e~oac a G~~ 4 ~( G~~O O ti I ~PG~ P ~,~~ - - FJ I I o o z I I _ 333.20' _ 2s43.so' W. USTICK ROAD ONP` LA NHS /~v`' ~~C','~ ,~T E1iQ G~QG 1118 Nj, 1 ~ 1`~" I ~ ~ n~i~~TF o E \o ~~~Z oN W . NP CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD BEARING Ct 20.76' 60.00' 19'49'31" 20.66' N 47'43'30" W ~^ a' s m° - ~ v z Q w a 688.00' 35 1 /4 N 89'15'57" W 2 BASIS OF BEARING Land Surveying and Consulting 231 E. 57H ST., STE. A MERIDIAN, ID 83G4Z ~zos~ zss-zoao ~zoa~ zas-zss~ rax ~wwv.I andsol u t ions. b iz 0 50 100 MEMORANDUM OF ACTION Without a Meeting OF Hayden Homes Idaho, LLC An Idaho Limited Liability Company This Memorandum of Action, executed by the Managing Member, records the following resolution by consent of all members without holding a formal meeting as of the 11`h day of June, 2013. The members wish to appoint authorized agents to transact the business affairs of the LLC. The members adopt the following resolution: BE IT RESOLVED that Hayden Watson, Managing Member, Dennis P. Murphy, President, Shawn O. Holm, Designated Agent, Jim Sansburn, Vice President Finance, Steve Klingman, Vice President Operations, and David Woods, Controller are hereby authorized in the name and on behalf of the LLC including but not limited to the execution of deeds, loan agreements, documents necessary to borrow and lend money, including notes, trust deeds, mortgages, release documents, subordination agreements, purchase and sale agreements, earnest money agreements, closing statements, escrow instructions, and other documents necessary for the purchase, development, sale and encumbrances of property. BE IT FURTHER RESOLVED that Deborah Flagan, Vice president of Sales and Marketing and Charlotte Barlow, Brol<er are hereby authorized in the name and on behalf of the LLC including but not limited to purchase and sale agreements, earnest money agreements, deeds, affidavits, closing statements, escrow instructions, indemnity agreements and other documents necessary for the sale of property. All such previously signed documents are hereby authorized and ratified. IN WITNESS WHEREOF, the Managing Member of Hayden Homes Idaho, LLC sets his hand to record the consent of all members to approve the actions so taken without a formal meeting. ~~ p~~~~ Ji/ J/S f ~ j,r+ f ... .. Hayden W,x~srrrr; Managing Member Barbara Shiffer -- From: Barbara Shiffer Sent: Thursday, February 20, 2014 3:11 PM To: Barbara Shiffer; Robin Jack; Matt Hoffman Cc: Barbara Shiffer Subject: Case # 38920 HAS BEEN CREATED BY BSHIFFER : VILLAGE AT COLD CREEK SEWER EASEMENT x U : Name: BARB SNIFFER Computer Asset Number: PZ100521 ' - Telephone: (208)489-0570 IP Address: fe80::lcca:29ef:4532:9811%11,10.10.£3.97 Location: CITYHALL Department: PLANNING Title: VILLAGE AT COLD CREEK SEWER EASEMENT Ticket ID: 38920 Status: OPEN Priority: 4 LOW PRIORITY Queue Location: PUBLIC WORKS Category: GIS DATA CREATION Tech: ROBIN JACK Dept: Community Development Attachments 1. Village at cold creek Sewer easement.pdf: Added on 2/20/2014 3:10:30 PM by BSHIFFER Notes [Note: Created on 2/20/2014 3:10:30 PM by BSHIFFER] Please review attached easement for city council agenda Barbara Shiffer ~- --- From: Sent: To: Subject: Attachments Barbara Shiffer Thursday, February 20, 2014 3:14 PM Ted Baird Village at Cold Creek Sewer Easement Village at cold creek Sewer easement.pdf Please review attached easement for city council. Barbara Shiffer Administrative Assistant II Community Development Department 33 E. Broadway Ave, Suite 102 Meridian, Idaho 83642 208.884.5533 Fax: 208.888.6854 1 '% Community Development Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Steve O'Brien DATE: ~~~v~1~ SUBJECT: Village @ Cold Creek Sewer easement land vl®t~et ~ervic~ Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 I. RECOMMENDED ACTION A. Move to: 1. Approve a Sewer Main Easement for the City of Meridian, located in Lot 8, Blocl< 1 of the proposed Village at Cold Creel< subdivision 2. This easement provides the City of Meridian access to a public Sewer Main installed to provide service for the proposed subdivision. 3. Authorize the Mayor to sign the easement, and the City Clerl<to attest. II. DEPARTMENT CONTACT PERSONS Bruce Chatterton, Community Development Director Bruce Frecl<leton, Development Services Manager Steve O'Brien, Development Analyst II ,~ i ..~ F f Steve O'Brien, Development Analyst II 884-5533 489-0362 489-0371 Recommending Approval Bruce Frecl<leton, Development Services Manager Ph: 208.887.2211 > www.meridiancity.org > Fax 208.887.1297 Rev: 01/2013