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HomeMy WebLinkAboutThe Club at Spurwing - Off-site Sewer EasementE R1DIAN* TO: Mayor Tammy de Weerd Members of the City Council FROM: Steve O'Brien DATE: 11106112 SUBJECT: Off -Site Sewer Easement for The Club at Spurwing I. RECOMMENDED ACTION A. Move to: Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba 1. Approve a new off-site sewer easement to serve The Club at Spurwing.. 2. Authorize the Mayor to sign the easement, and the City Clerk to attest. II. DEPARTMENT CONTACT PERSONS Bruce Chatterton, Director of Community Development 489-1569 Bruce Freckleton, Development Services Manager 489-0362 Scott Steckline, Land Development Supervisor 489-0369 Steve O'Brien, Development Analyst II 489-0371 Supervisor Approval q Scott Steckline: Land Development Supervisor Page I of I SANITARY SEWER EASEMENT THIS INDENTURE, made this ofQ day O� "20�betweenS "-2?, Gti�� �. t e J� parties of the first part, and hereinafter called the Grantors, and the ity of Mei dian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; MIJAMMOM 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 and service 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 sewer line 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 sanitary sewer line and their allied facilities, together with their maintenance, 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 making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such 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 Sewer Main Easement Page 1 of4 EASMT.SWR.doc 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 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. GRANTORS: PACIFIC LINKS, LIMITED COMPANY Jo ewitt, Member CYl1NVIXel_d" • • e SPURWING LIMITED PARTNERSHIP Jo Spurwing Corporation ) ss County of Ada ) p On this 3 J day of 20I �, before me, the undersigned Notary Public personally appeared John W. Hewitt, known to me to be one of the members of Pacific Links Limited Company, a limited liability company, and the member who subscribed said limited liability company name to the foregoing instrument, and acknowledged to me that he executed the same in said limited liability company name. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. LLE a410%, OTARY PUBLIC FOR IDAHO �C`r cf Residing at: 1�/� 10 �pT AR p Commission Expires:._ PE OF ��.•••• SeNver Main Easeinent Page 2 of 4 EASMT.SWR.doe STATE OF IDAHO ) ) ss County of Ada ) On this -3 ( day of L 4r24 , 20J 23 before me, the undersigned, a Notary Public in and for said State, personally appeared Jock Hewitt, known or identified to me to be the President of the Corporation and that he executed the instrument or the person who executed the instrument on behalf of the said corporation, 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 fist above written. O� AR Y NOTARY PUBLIC FO IDAHO Residing at: Pus �o g Commission Expires: tE 0v — GRANTEE: Tammy de Weerd, Mayor Attest by Jaycee L. Holman, City Clerk Approved By City Council 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. Sewer Main Easement Page 3 of 4 EASMT.SWR.doc IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: Sewer Maio Easement Page 4 of 4 EASMT.SWR.doc October 26, 2012 Page 1 of 2 EXHIBIT B Spurwing Challenge Subdivision Offsite Sanitary Sewer Easement Easement A ■■ WE Quadrant Consulting, Inc. An easement located within a portion of Lot 2, Block 1 of the Plat of Spurwing Subdivision, Book 69, Pages 7104-7108, Ada County records; said easement being situated in a portion of the Southwest %4 of Section 23, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho being more particularly described as follows: Commencing at the South 1/4 corner of said Section 23, thence along the South line of said Section 23 North 89°11'21" West 2627.61 feet to the Southwest comer of said Section 23, thence leaving said South line North 0°20'51" East 1745.72 feet along the West Section line of said Section 23 and a portion of the West Boundary line of said Spurwing Subdivision to the POINT OF BEGINNING, thence continuing along said West Section line and said West Boundary line North 00°20'51" East 20.00 feet, thence leaving said West Section line and said West Boundary line South 67007'03" South 90°00'00" East 32.62 feet, thence South 43°35'28" East 49.23 feet, thence South 00000'00" West 26130 feet, thence South 90°00'00" East 230.39 feet, thence North 00°55'49" East 79.33 feet, thence South 60'38'19" East 52.42 feet, thence North 68°17'56" East 24.40 feet, thence South 49°06'03" East 61.21 feet to the Westerly Right -of -Way of West Balata Court, thence continuing along said Westerly Right -of -Way 27.11 feet along a curve to the left; said curve having a radius of 50.00 feet, a delta angle of 31°03'37", and a chord bearing and distance of South 26°13'10" West 26.77 feet, thence leaving said Westerly Right -of -Way North 60038'19" West 63.36 feet, thence South 67007'03" West 31.01 feet, thence South 00055'49" West 20.55 feet, thence South 90000'00" East 12.00 feet, thence South 00"55'49" West 24.00 feet, thence North 90°00'00" West 12.00 feet, thence South 00055'49" West 295.29 feet, thence South 79001'12" East 11.72 feet, thence 1904 W. Ovedond • Boise, ID 83705 • Phone (208) 342-0091 • Fax (208) 342-0092 • www.quodront.cc Civil Engineering • Surveying Page 2 of 2 ON NO Quadrant Consulting, Inc. South 10°58'48" West 24.00 feet, thence North 79'01'12" West 7.87 feet, thence South 10°58'48" West 101.88 feet, thence South 32°10'34" East 35.81 feet, thence South 79'01'12" East 67.70 feet to the Westerly Boundary line of Lot 3, Block 1, of said Plat of Spurwing Subdivision, thence continuing along said Westerly Boundary line South 20°37'23" West 20.29 feet, thence leaving said Westerly Boundary line North 79'01'12" West 80.93 feet, thence South 10058'48" West 13.56 feet, thence North 79'01'12" West 27.87 feet, thence North 10°58'48" East 161.56 feet, thence North 79°01'12" West 14.13 feet, thence North 10°58'48" East 24.00 feet, thence South 79'01'12" East 9.97 feet, thence North 00°55'49" East 283.10 feet, thence North 52'54'18" West 25.40 feet, thence North 90°00'00" West 203.56 feet, thence South 00°00'00" West 2.00 feet, thence North 90°00'00" West 42.00 feet, thence North 00°00'00" East 24.00 feet, thence South 90°00'00" East 8.00 feet, thence North 00°00'00" East 260.31 feet, thence North 43035'28" West 21.06 feet, thence North 90'00'00" West 24.17 feet to said West Section line and said West Boundary line and the POINT OF BEGINNING. Said easement contains approximately 32,128 square feet or 0.74 acres more or less. 4878 ;xrlZ 1904 W. Overland • Boise, ID 83705 • Phone (208) 342-0091 • Fax (208) 342-0092 • www.quodront.cc Civil Engineering • Surveying October 22, 2012 Page l of 2 EDIT B Spurwing Challenge Subdivision Offsite Sanitary Sewer Easement Easement B [H:'Quadrant Consulting, Inc. An easement located within a portion of Lot 3, Block 1 of the Plat of Spurwing Subdivision, Book 69, Pages 7104-7108, Ada County records; said easement being situated in a portion of the Southwest `/4 of Section 23, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho being more particularly described as follows: Commencing at the South'/4 corner of said Section 23, thence along the South line of said Section 23 North 89°11'21" West 901.15 feet, thence leaving said South line North 0°48'39" East 210.37 feet to the Southeast corner of said Lot 3, thence continuing North 0°48'39" East 725.31 feet along the East line of said Lot 3 to the POINT OF BEGINNING, thence leaving said East line of said Lot 3 North 89°51'46" West 67.27 feet, thence South 2032'58" West 2.12 feet, thence North 69°27'02" West 13.00 feet, thence South 20032'58" West 135.36 feet, thence South 03°22'13" West 279.85 feet, thence South 40°32'39" West 104.70 feet, thence South 66°49'51" West 117.51 feet, thence North 77°37'33" West 296.13 feet, thence North 89054'19" West 202.42 feet, thence South 84°16'44" West 398.87 feet, thence South 77°09'56" West 155.53 feet, thence North 43°52'51" West 75.03 feet, thence North 03°23'09" East 144.04 feet, thence North 10°58'47" East 176.45 feet, thence North 49°57'09" East 189.14 feet, thence North 40°47'33" West 109.86 feet, thence North 79°O1' 12" West 62.74 feet to the Westerly line of said Lot 3, thence continuing along said Westerly line North 20°37'23" East 20.29 feet, thence leaving said Westerly line South 79'01'12" East 66.28 feet, thence South 40°47'33" East 137.05 feet, thence South 49°57'09" West 202.32 feet, thence South 10°58'47" West 168.05 feet, thence South 03°23'09" West 133.96 feet, thence 1904 W. Overland • Boise, ID 83705 • Phone (208) 342-0091 • Fax (208) 342-0092 • www.quodront.cc Civil Engineering • Surveying Page 2 of 2 ■■ ■■ Quadrant Consulting, Inc. South 43°52'51" East 54.98 feet, thence North 77°09'56" East 145.47 feet, thence North 84° 16'44" East 401.13 feet, thence South 89'54'19" East 205.58 feet, thence South 77°37'33" East 291.87 feet, thence North 66°49'51" East 106.43 feet, thence North 40°32'39" East 93.30 feet, thence North 03'22'13" East 276.15 feet, thence North 20°32'58" East 138.38 feet, thence North 69°27'02" West 9.00 feet, thence North 20°32'58" East 22.00 feet, thence South 69°27'02" East 38.07 feet, thence South 89°51'46" East 64.25 feet to said East line of Lot 3, thence continuing along said East line of Lot 3 South 00°48'39" West 20.00 feet to the POINT OF BEGINNING. Said easement contains approximately 50,886 square feet or 1.17 acres more or less. 8C�' 14878 d ti2ovrt2 1904 W. Overland • Boise, ID 83705 • Phone (208) 342-0091 • Fax (208) 342-0092 • www.quadrant.cc Civil Engineering • Surveying October 22, 2012 EXHIBIT B Spurwing Challenge Subdivision Offsite Sanitary Sewer Easement Easement C ■■ ■■ Quadrant Consulting, Inc. An easement located within a portion of Lot 4, Block 1 of the Plat of Spurwing Subdivision, Book 69, Pages 7104-7108, Ada County records; said easement being situated in a portion of the Southwest'/4 of Section 23, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho being more particularly described as follows: Commencing at the South'/4 corner of said Section 23, thence along the South line of said Section 23 North 89°11'21" West 901.15 feet, thence leaving said South line North 0°48'39" East 210.37 feet to the Southeast corner of Lot 3, Block 1 of said Plat of Spurwing Subdivision, thence continuing North 0°48'39" East 725.31 feet along the East boundary line of said Lot 3 to the POINT OF BEGINNING, thence continuing along said East boundary line North 00048139" East 20.00 feet, thence leaving said East boundary line South 89°51'46" East 295.88 feet to the West Right -of -Way line of North Spurwing Way and the East boundary line of said Lot 4, thence continuing along said West Right -of -Way line and East boundary line of said Lot 4 20.66 feet along a curve to the right; said curve having a radius of 408.00 feet, a delta angle of 2°54'07", and a chord bearing and distance of South 14°24'33" East 20.66 feet, thence leaving said West Right -of -Way line and East boundary of said Lot 4 North 89°51'46" West 301.31 feet to said East boundary line of Lot 3 and the POINT OF BEGINNING. Said easement contains approximately 5,974 square feet or 0.14 acres more or less. 1904 W. Overland • Boise, ID 83705 • Phone (208) 342-0091 • Fax (208) 342-0092 • www.quadrant.cc Civil Engineering • Surveying October 22, 2012 EXHIBIT B Spurwing Challenge Subdivision Offsite Sanitary Sewer Easement Easement D Im■ ■■ Quadrant Consulting, Inc. An easement located within a portion of Lot 78, Block 1 of the Plat of Spurwing Subdivision, Book 69, Pages 7104-7108, Ada County records; said easement being situated in a portion of the Southwest'/4 of Section 23, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho being more particularly described as follows: Commencing at the Southwest corner of said Section 23, thence along the South line of said Section 23 South 89°11'21" East 2627.61 feet to the South'/4 corner of said Section 23, thence leaving said South line North 0°27'09" East 955.95 feet along the North-South centerline of said Section 23, thence leaving said North-South centerline North 89°32'51" West 131.34 feet to the POINT OF BEGINNING, thence South 49°12'37" West 46.00 feet, thence North 40°47'23" West 20.05 feet, thence North 89'10'47" West 341.13 feet to the East Right -of -Way line of North Spurwing Way and the Westerly boundary line of said Lot 78, thence continuing along said East Right -of -Way line and said Westerly boundary line 20.73 feet along a curve to the right; said curve having a radius of 30.00 feet, a delta angle of 39°36.'01", and a chord bearing and distance of North 11°04'18" East 20.32 feet, thence leaving said East Right -of -Way line and said Westerly boundary line South 89'10'47" East 341.18 feet, thence North 38'14'41" West 74.22 feet to the Southerly Right -of -Way line of North Pencross Way and the Northerly boundary line of said Lot 78, thence continuing along said Southerly Right -of -Way line and said Northerly boundary line 20.31 feet along a curve to the left; said curve having a radius of 375.00 feet, a delta angle of 3°06'09", and a chord bearing and distance of North 61°40'58" East 20.30 feet, thence leaving said Southerly Right -of -Way line and Northerly boundary line South 38°14'41" East 76.41 feet, thence North 49°12'37" East 10.25 feet, thence South 40°47'23" East 26.00 feet to the POINT OF BEGINNING. Said easement contains approximately 9,617 square feet or 0.22 acres more or less. 1904 W. Overland • Boise, ID 83705 K (208) 342-0092 • www.quadrant.cc — — — — — — — — — — N0020 -WE z e F � N O'OB39" E v r i N 002709" E �o +9 1715.72- C e L N ®did to tlWH 99 H 4 v IN P E r — O S 10 rte. r5� K u.n' � tmn Ho H5 o m n c Eyz 9xrh too m 0� N SPURWING WAY s�P= 4 n^'o zoo zw �E o-er� KZy yCy bpm m� "q,;g z Z P 955:95' �