HomeMy WebLinkAboutTemporary Easement for Ingress and Egress with Centers Construction, Inc. for Penn Station
200lFE22 PH 1:34
RECORDED' REQUEST OF
MEAiDIAN~l
FEE.-Æ..OEPUTY
¡4ft 10101563
.ADA COUt/TY RECORDER
J. OAVIQ NAV.lIRRO
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TEMPORARY EASEMENT FOR INGRESS AND EGRESS
THIS INDENTURE, made this ~ day of January 2001, between CENTERS
CONSTRUCTION, INC., an Idaho corporation (hereinafter the "Grantor") and the CITY OF
MERIDIAN, ADA COUNTY, IDAHO, a municipal corporation (hereinafter the "Grantee").
WHEREAS, by separate instrument, the Grantor has granted to the Grantee a sanitary
sewer and water main easement across certain real property located in Ada County, Idaho, more
particularly described in Exhibits A and 8 attached hereto; and
WHEREAS, it will be necessary for the Grantee to have access to the sanitary sewer and
water main facilities to be located in the said easement in order to pemút the City to maintain
and service the said facilities ITom time to time; and
WHEREAS, Grantor desires to grant to Grantee a temporary easement for ingress and
egress across certain real property described in Exhibits C and D attached hereto said temporary
easement to terminate and extinguish upon the grant of a permanent easement for ingress and
egress to the said facilities.
NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby
acknowledged, the Grantor does hereby give, grant and convey unto the Grantee a temporary,
non-exclusive easemem over and across that certain real property located in Ada County, Idaho,
more particularly described in Exhibits A and 8 attached hereto (the "easement premises"), for
the purpose of providing a temporary route of ingress and egress for pedestrian and vehicular
traffic to certain sanitary sewer and water main facilities installed on that certain real property
located in Ada Coumy, Idaho described in Exhibits C and D attached hereto.
It is expressly understood and agreed that Grantor sha1l improve the easement premises
with a gravel surface, 14 feet in width, composed of %" minus road mix, I 0" in depth. It is
further expressly understood and agreed that the temporary easement granted hereby shall
terminate and extinguish upon the delivery to, and acceptance by, the Grantee of an easement
providing a permanent route of ingress and egress to the said sanitary sewer and water main
facilities described herein; and Grantee does hereby agree that in such event Grantee shall
execute and deliver to Grantor such instrument as may be reasonably necessary in order to
provide for the termination of this temporary easement.
The Grantor does hereby covenant with the Grantee that it is lawfully seized and
possessed of the aforementioned and described real property and that it has a good and lawful
right to convey the said easement and that it will warrant and defend the title and quiet
possession thereof against the lawful claims of all persons whomsoever.
TEMPORARY EASEMENT FOR INGRESS AND EGRESS, Page 1
IN WITNESS WHEREOF, the parties hereby have executed this Agreement effective as
of the day and year first above written.
GRANTOR:
CENTERS CONSTRUCTION, INC.
By ~þ (~
Allen Lee Cemers, President
STATE OF IDAHO)
: ss
County of Ada )
On this J..E!!2 day of Júnua flj 2001, before me, a notary public, personally
appeared ALLEN LEE CENTERS, who, bemg by me fll"st duly sworn, declared that he is the
President of Centers Construction, Inc., that he signed the foregoing document as President, of
the corporation, and that the statements therein contained are true.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
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TEMPORARY EASEMENT FOR INGRESS AND EGRESS, Page 2
GRANTEE:
CITY OF MERIDIAN, ADA COUNTY, IDAHO
BY~~
Robert D. Corrie, Mayor
ATTEST:
'l.-~-'DI
STATE OF IDAHO)
: ss
County of Ada
On this IÇ~ day of ~i1i 2001, before me, a notary public, personally
appeared ROBERT D. CORRIE and WILL :A.M G. BERG, JR., who, bemg by me first duly
sworn, declared that they are the Mayor and City Clerk of the City of Meridian, Ada County,
Idaho, that they signed the foregoing document as Mayor and City Clerk, of the municipal
corporation, and that the statements therein contained are true.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
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TEMPORARY EASEMENT FOR INGRESS AND EGRESS, Page 3
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5505 W. Franklin Road' Boise, Idaho 83705-1055
Land Description
Penn Station Apartments
City of Meridian
Water and Sanitary Sewer Easement
January 2001
A portion of the northeast quarter of the northeast quarter of Section 7, Township 3 North,
Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows:
Commencing at the northeast comer of said Section 7; thence SOooOO'OO'W, 1,325.00 feet
along the easterly boundary of said Section 7; thence S89°42'OO"W, 659,60 feet to the easterly
boundary of Danbury Fair Subdivision No, 2, as shown on the official plat thereof on file in the office
of the Ada County Recorder, thence NOOO05'00"W, 165.00 feet along the easterly boundary of said
Danbury Fair Subdivision No.2; thence N30'08'00"W, 94.00 feet along the northeasterly boundary
of said Danbury Fair Subdivision No.2; thence N43'18'00"W, 66.00 feet along the northeasterly
boundary of said Danbury Fair Subdivision No.2; thence N49'22'00'W, 131.00 feet along the
northeasterly boundary of said Danbury Fair Subdivision No, 2; thence N32°38'OO"W, 73.70 feet
along the northeasterly boundary of said Danbury Fair Subdivision No.2; thence N21°22'00"W,
114,70 feet along the northeasterly boundary of said Danbury Fair Subdivision No.2; thence
N29°21'OO"W, 150.00 feet along the northeasterly boundary of said Danbury Fair Subdivision No,
2 and Danbury Fair Subdivision No, 1, as shown on the official plat thereof on file in the office of the
Ada County Recorder, to the southeasterly right-of-way of Stonehenge Way; thence 48.71 feet along
the southeasterly right-of-way of Stonehenge Way along a non-tangent curve deflecting to the left,
with a radius of 141.42 feet, a central angle of 19°44'10", a long chord of 48.47 feet, and a chord
bearing of N40007'20"E to the Real Point of Beginning:
Thence along the centerline of a strip of land 31.00 feet in width, 15.50 feet
on each side of the following described line:
S59°44'38"E, 53.82 feet;
Thence the following courses and distances along the centerline of a strip of
land 25.00 feet in width, 12,50 feet on each side of the following described lines:
56,17 feet along a non-tangent curve deflecting to the right,
with a radius of 97.50 feet, a central angle of 33°00'37", a long chord
of 55.40 feet and a chord bearing of N48°05'05°E;
N64 '35'21°E, 21.10 feet to "Point A';
continuing N64°35'21"E, 47.16 feet;
28.20 feet along a tangent curve deflecting to the right, with a
radius of 52.50 feet, a central angle of 30°46'37", a long chord of
27.86 feet and a chord bearing of N79'58'41"E to "Point eo;
continuing 61.19 feet along a tangent curve deflecting to the
right, with a radius of 52,50 feet, a central angle of 66°47'01°, a long
Exhibit A
Page 1 of5
AND:
chord of 57.79 feet and a chord bearing of S51°14'30"E to "Point Co;
continuing 16,37 feet along a tangent curve deflecting to the
right, with a radius of 52.50 feet, a central angle of 17°51'30", a long
chord of 16.30 feet and a chord bearing of S08°55'14"E;
SOooOO'22'W, 54,11 feet to "Point 00;
continuing SOooOO'22"W, 71.00 feet to "Point E";
continuing SOooOO'22'W, 71.00 feet to "Point F";
continuing 800000'22"W, 13.00 feet to "Point G";
continuing SOooOO'22'W, 55.29 feet;
2.71 feet along a tangent curve deflecting to the right, with a
radius of 52.50 feet, a central angle of 02°57'27', a long chord of 2.71
feet and a chord bearing of 801 °29' 18"W to "Point H";
continuing 43.19 feet along a tangent curve deflecting to the
right, with a radius of 52.50 feet, a central angle of 47°07'59", a long
chord of 41.98 feet and a chord bearing of S26°32'01'W to "Point I";
continuing 89.13 feet along a tangent curve deflecting to the
right, with a radius of 52.50 feet, a central angle of 97°15'58', a long
chord of 78.80 feet and a chord bearing of N81°16'01"W;
N32°38'00'W, 24.47 feet to 'Point J";
continuing N32°38'OO'W, 18,.98 feet;
N21°22'01"W, 55.54 feet to "Point K";
continuing N21°22'01'W, 58.51 feet;
N29°20'59"W, 9.41 feet to 'Point L';
continuing N29°20'59"W, 27.51 feet;
93.01 feet along a tangent curve deflecting to the right, with a
radius of 97.50 feet, a central angle of 54°39'29", a long chord of
89,52 feet and a chord bearing of N02°01'18"W to 'Point M";
continuing 10.67 feet along a tangent curve deflecting to the
right, with a radius of 97.50 feet, a central angle of 06°16'19', a long
chord of 10.67 feet and a chord bearing of N28°26'37'E to the Point
of Terminus.
Exhibit A
Page 2 of5
AND:
AND:
AND:
AND:
AND:
Beginning at 'Point A' as described above, which is the Real Point of Beginning:
Thence along the centerline of a strip of land 10.00 feet in width, 5.00 feet on
each side of the following described line:
S2S'27'26'E, 40.66 feet to the Point of TermInus.
Beginning at "Point B' as described above, which is the Resl Point of Beginning:
Thence along the centerline of a strip of land 10.00 feet in width, 5.00 feet on
each side of the following described line:
N02'43'13'E, 15.52 feet to the Point of Terminus.
Beginning at 'Point C' as described above, which is the Resl Point of Beginning:
Thence along the centeriine of a striP of land 20.00 feet in width, 10,00 feet
on each side of the following described line:
SS9°59'2S'E, 41.95 feet to 'Point N";
continuing S89°59'28'E, 66.0S feet to the Point of Terminus.
Beginning at 'Point 0' as described above, which is the Resl Point of Beginning:
Thence along the centerline of a strip of land 10.00 feet in width, 5.00 feet on
each side of the following described line:
NS9°54'15'E, 40,08 feet to the Point of Terminus.
Beginning at 'Point E' as described above, which is the Real Point of Beginning:
Thence along the centerline of a strip of land 10.00 feet in width, 5.00 feet on
each side of the following described tine:
NS9°59'2S'E, 40.64 feet to the PoInt of Term/nus.
Beginning at 'Point F" as described above, which is the Real Point of Beginning:
Thence along the centeriine of a strip of land 10.00 feet in width, 5,00 feet on
each side of the following described line:
Exhibit A
Page 3 of5
AND:
AND:
AND:
AND:
AND:
AND:
N89"59'28'E, 40.96 feet to the Point of Terminus.
Beginnin!¡l at "Point G" as described above, which is the Real Point of Beginning:
Thence along the center1ine of a strip of land 10.00 feet in width, 5.00 feet on
each side of the following described line:
S89"59'38"E, 18.00 feet to the Point of Terminus.
Beginning at "Point H" as described above, which is the Real Point of Beginning:
Thence along the center1ine of a strip of land 10.00 feet in width, 5,00 feet on
each side of the following described line:
N89"50'44"E, 39.18 feet to the Point of Terminus.
Beginning at "Point J' as described above, which is the Real Point of Beginning:
Thence along the center1ine of a strip of land 10,00 feet in width, 5,00 feet on
each side of the following described line:
S49°01'47'E, 43.06 feet to the Point of Terminus.
Beginning at "Point J" as described above, which is the Real Point of Beginning:
Thence along the center1ine of a strip of land 10.00 feet in width, S.OO feet on
each side of the following described line:
N63°O6'38"E, 43.11 feet to the Point of Terminus.
Beginning at 'Point K" as described above, whiCh is the Real Point of Beginning:
Thence along the center1ine of a strip of land 10.00 feet in width, S.OO feet on
each side of the following described line:
N64"OS'21'E, 43.62 feet to the Point of Terminus.
Beginning at "Point L' as described above, which is the Real Point of Beginning:
Exhibit A
Page4of5
AND:
AND:
Thence along the centerline of a strip of land 10.00 feet in width, S,OO feet on
each side of the following described line:
N63'00'OS'E, 40.61 feet to the Point of Terminus.
Beginning at "Point M' as described above, which is the Real Point of Beginning:
Thence along the centerline of a strip of land 10.00 feet in width, S,OO feet on
each side of the following described line:
S81 'SS'41 "W, 22.37 feet to the Point of Terminus.
Beginning at "Point N' as described above, which is the Real Point of Beginning:
Thence along the centerline of a strip of land 10.00 feet in width, S.OO feet on
each side of the following described line:
NOO'OO'32"E, 13.28 feet to the Point of Terminus.
Exhibit A
Page50f5
Re.1 Po;o'
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CURVE
C I
C 2
C 3
C 4
C 5
C 6
C7
C 8
C 9
LINE
L I
L 2
L 3
L 4
L 5
L 6
L 7
L 8
L 9
L 10
L /I
L 12
L 13
L 14
L IS
L 16
L 17
L 18
L 19
L 20
L 21
DEL TA ANGLE
33"00 '37'
30'46'37'
66'47 '01'
17'51 '30'
02'57'27'
47'07'59"
97'15 '59'
54'39'29'
06'16 '19'
RADIUS
97,50'
52,50'
52.50'
52.50'
52,50'
52,50'
52,50'
97,50'
97,50'
BEARING
N 64'35'2I'E
N 64'35 '2/'E
5 OO'OO'3r"
N 32'38 '00""
N 32"38'00""
N 29"20'59""
N 29'20'59""
5 28'27'26"E
N 02'43'13"E
5 89'59'28'E
N 89'54'/5"E
N 89"59' 28"E
N 89'59'28"E
58(;'58'38'E
N 8(;'SO'44'E
5 49"01 '47"E
N 63"06'38"E
N 64'05 '2/"E
N 63"00'OS"E
581"55'41""
N 00'OO'3rE
ARC
56,/7 '
28,20'
61,19'
16,36'
2.71 '
43,19'
89,12'
93,01'
10,67'
DISTANCE
21,10'
47,16'
13,00'
24,47'
18,98 .
9,41 .
27,51'
40,66 .
15,52 '
41,95'
40,08 '
40,64'
40,96'
18,00'
39,18 .
43,06 '
43, /I '
43,62'
40,61 .
22,37'
13,28 '
TANGENT
28,89'
14,45'
34,61 '
8,25'
1,36'
22,90'
59,62'
50,39'
5,34'
CHORD
55,40'
27,86'
57.79'
16,30'
2.71 '
41,98 '
78,80'
89,52'
10,67'
CHORD BEARING
N 48"05'05'E
N 79'58'41"E
5 SI"14'30"E
5 08"55'14'E
5 01"29'18"W
5 26"32 'OI"W
N 81'16 'O/'"
N 02'01'18""
N 28'26'37"E
Penn Sistion Apartments
City of Meridian
Water & Sanitary
Sewer Easement
January 2001
B & A Engineers, Inc.
Exhibit B
f!lJ. & v4. 8 ~ .ø nc-.
5505 W. Franklin Road' Boise, Idaho 83705-1055
Land Description
Penn Station Apartments
City of Meridian
Temporary Access Easement to
Water & Sewer Facilities
January 2001
A portion of the northeast quarter of the northeast quarter of Section 7, Township 3 North,
Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows:
Commencing at the northeast comer of said Section 7; thence SOooOO'OO"W, 1,325.00 feet
along the easterly boundary of said Section 7; thence S89°42'00'W, 659.60 feet to the easterly
boundary of Danbury Fair Subdivision No.2, as shown on the official plat thereof on file in the office
of the Ada County Recorder; thence NOoo05'00'W, 165.00 feet along the easterly boundary of said
Danbury Fair Subdivision No.2; thence N30008'OO"W, 94,00 feet along, the northeasterly boundary
of said Danbury Fair Subdivision No.2; thence N43°18'oo'W, 66.00 feet along the northeasterly
boundary of said Danbury Fair Subdivision No, 2; thence N49°22'OO'W, 131,00 feet along the
northeasterly boundary of said Danbury Fair Subdivision No, 2; thence N32°38'OO"W, 73.70 feet
along the northeasterly boundary of said Danbury Feir Subdivision No, 2; thence N21°22'OO"W,
114.70 feet along the northeasterly boundary of said Danbury Fair Subdivision No. 2; thence
N29°21'OO"W, 150.00 feet along the northeasterly boundary of said Danbury Fair Subdivision No.
2 and Danbury Fair Subdivision No.1, as shown on the official plat thereof on file in the office of the
Ada County Recorder, to the southeasterly right-of-way of Stonehenge Way, thence 48.71 feet along
the southeasterly right-of-way of Stonehenge Way along a non-tangent curve deflecting to the left,
with a radius of 141.42 feet, a central angle of 19°44'10", a long chord of 48.47 feet, and a chord
bearing of N40007'20'E; thence S59°44'38'E, 53.82 feet; thence 56.17 feet along a non-tangent
curve deflecting to the right, with a radius of 97.50 feet, a central angle of 33°00'37', a long chord
of 55.40 feet and a chord bearing of N48°O5'05'E; thence N64°35'21'E, 54.26 feet to the Real Point
of Beginning:
Thence N25°24'39"W, 12.00 feet;
Thence 21.22 feet along a tangent curve deflecting to the right, with a radius
of 14.00 feet, a central angle of 86°50'14', a long chord of 19.25 feet and a chord
bearing of N18°00'27'E;
Thence N61°25'34"E, 93.48 feet;
Thence N900oo'00"E, 75.15 feet;
Thence 22.51 feet along a tangent curve deflecting to the right, with a radius
of 39.00 feet, a central angle of 33°04'08', a long chord of 22,20 feet and a chord
bearing of S73°27'56"E;
Thence S56°55'52'E, 12.10 feet;
Thence 4.63 feet along a tangent curve deflecting to the right, with a radius
Exhibit C
Page10f2
of 39.00 feet, a central angle of 06°48'30', a long chord of 4,63 feet and a chord
bearing of S53°31'37'E;
Thence SOooOO'32'W, 29.93 feet;
Thence 24.84 feet along a non-tangent curve deflecting to the left, with a
radius of 25.00 feet, a central angle of 56°56'24', a long chord of 23,83 feet and a
chord bearing of N28°27'40'W;
Thence N56°55'52"W, 12,10 feet;
Thence 14.43 feet along a tangent curve deflecting to the left, with a radius
of 25,00 feet, a central angle of 33°04'08", a long chOrd of 14,23 feet and a chord
bearing of N73°27'56'W;
Thence S90000'OO'W, 71.58 feet;
Thence S61°25'34'W, 89.91 feet;
Thence S25°24'39'E, 12.00 feet;
Thence S64°35'21'W, 14.00 feet to the Real Point of Beginning.
Exhibit C
Page20f2
CUR VE DEL TA ANGLE RAD I U5 ARC TANGENT CHORD CHORD BEARING
C I 33'00 '37" 97.50' 56. 17' 28,89' 55,40' N48'05'05"E
C 2 86'50 ' 14' 14.00' 21,22' 13,25' 19,25' N 18°00' 27" E
C 3 33'04 '08" 39,00' 22,51' 11,58' 22,20' 5 73'27'56"E
C 4 06'48 '32 - 39.00' 4.63' 2,32' 4,63' 553'31'37"E
C 5 56'56 . 24' 25,00' 24,84' 13,56' 23.83' N 28'27'40"W
C 6 33'03'53- 25,00' 14,43' 7,42' 14,23' N 73'27'56-W
Real Point
of Beginning
°/
Penn Station Apartments
City of Meridian
Temporary Access Easement
to Water & Sewer Facilities
January 2001
B & A Engineers, Inc.
Exhibit 0
N 90'00' 00 "E tJ
75 15' 0 ~
5 90'OO'OO"W (9'<J'
71,58' O~,--,<s
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LINE
L I
L 2
L 3
L 4
L 5
L 6
L 7
L 8
BEARING
559'44'38"E
N 64°35'21"E
N 25'24 '39"W
S 56'55' 52"E
S 00'00 '32"W
N 56°55' 52"W
5 25'24 '39-E
S 64°35'21"W
DI 5TANCE
53.82 '
54,26 '
12.00'
12, 10'
29,93 '
12,10 '
12.00'
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8 a A ENGINEERS INC.
5505 W, FRANKLIN RO,
801SE, 10. 83705
JANUARY, 2001