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.
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GRANTOR:
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Secretary
2464 SW Glacier Pl. Ste. 110 Redmond, OR 97756
Address
STATE OF fT ~t ~f~_~ )
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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.
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Commission Expires:
Sewer Main Easement EASMT SEW 11-15-13.doc
GRANTEE: CITY OF MERIDIAN
Approved By City Council On: ' f
STATE OF IDAHO, )
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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)
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NO'I-ARY PU1~~IC FOR IDAHO
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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
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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
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LINE TABLE
LINE LENGTH ^BEARING
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CURVE LENGTH RADIUS DELTA CHORD BEARING
Ct 20.76' 60.00' 19'49'31" 20.66' N 47'43'30" W
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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.
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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
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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