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HomeMy WebLinkAboutSanitary Sewer Easement with Huskey, Leonard R. for Five Mile ReliefF r : RECOROED-REQUEST QF ~~a~1 caur~rY R~ca~ro~K ~ ~+_lq P~AYAR~?~ FEE,_,~ .DEPUTY xco~ ~u ~ ~ ~~~, ~_ ~~ ~~~ 1®14 8 2 2 3 l ~pE,RtD1/~4NN GlTY This sheet has been added to this .document to accommodate recording information. Sanitary sewer easement between Leonard R. Huskey and The City of Meridian SANITARY SEWER EASEMENT Z.vot THIS INDENTURE, made this 'day of why , ~e60 between Leonard R. Huskey, the party of the first part, and hereinafter called the Grantor, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee. WITNESSETH: WHEREAS, the Grantor desires 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, inconsideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for the permanent and temporary construction easements for the construction, operation and maintenance of a sanitary sewer line over and across the following described property: (SEE ATTACHED EXHIBITS "A" AND "B") The permanent easement hereby granted is for the purpose of construction and operation of a sanitary sewer line and allied facilities, together with maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. The temoorary construction easement is for the purpose of construction of a sanitary sewer line and related incidental work. The temporary construction easement shall expire when the construction contract terminates. TO HAVE AND TO HOLD, the said permanent 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 the Grantee, in constructing and in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such construction, repairs and replacement. However, the Grantee will not be responsible for repairing, replacing or restoring any permanent structures, large trees or brush placed within the area described in this easement. The Grantee also agrees to the following: SANITARY SEWER EASEMENT, Page 1 of 3 1. The Grantee will retain and/or replace all fencing and gates damaged by construction activities. The gate onto Ten Mile Road will be replaced with a minimum of 18-foot wide swinging gate. 2. All farm equipment and construction materials within the construction area will be moved once and orderly placed in an area timely designated by Leonard Huskey or his designee. The designated area will have reasonable access for such placement. 3. If fencing within the construction area is containing livestock, temporary fencing will be constructed and maintained to contain the livestock. 4. The area between the existing access road south of the Creason Lateral and the Five Mile Drain will be rough graded to generally drain from north to south, no new soils will be imported, and the area will be planted once with a seed mixture specified by Leonard Huskey or his designee. Leonard Huskey or his designee will provide all watering and other maintenance necessary after the area is seeded. Do to the existing gravelly soil conditions, the Grantee does not warrant the seeding viability 5. Fill material as a result of excavation for the proposed sewer, will be stockpiled (end dumped) at locations staked by Leonard Huskey or his designee on the south side of the Five Mile Drain. 6. Two manholes within the easement area will be constructed with an 8-inch sewer stub-out. 7. The existing and draft updates of the Grantee's Comprehensive Plan indicate a pathway system along the Five Mile Drain. This will guide land use to open space that could possibly be counted toward open space requirements if the land is developed. The Grantee agrees that the Comprehensive Plan will not be changed relative to this property and the potential pathway system. 8. The Grantee is responsible for coordinating all construction activities and repairs associated with the Creason Lateral with the governing irrigation district. The Grantor assumes no responsibility in the Grantee's repair work of the lateral. THE GRANTOR hereby covenants and agrees that they will not place or allowto be placed any permanent structures, large trees or brush within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. SANITARY SEWER EASEMENT, Page 2 of 3 IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures the day and year first hereinabove written. R. Huskey STATE OF IDAHO) ss County of Ada ) ?~i On this Ig day of ~Kt ~ , ~99E), before me ~~4 ~ . W~shhzy , personally appeared o~~ ~• ~~o;,cam y ,proved to me on the bases of satisfactory evidence to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same. tit/ NOTARY PUBLIC FOR I My Commission Expires on G - l -o~ ~,af;r ~ X ~~ /^ .s u~' ~y 5 ,,..,3 ^o T.. ~'~ t L .4j d~~ ~, ~ , . ~^ a' ~~ 7~r~ ~z I~ cf 4^`: __ ® ~, m a a~ ~ ~ ,.~ ^;~. f®~~ 1 f °i ~ ,y u' SANITARY SEWER EASEMENT, Page 3 of 3 GRANTEE: CITY OF MERIDIAN ._. ._--a.---- ~4~~~~~~,~~~sit~ttt=trrtirp~r~ . 1 e . Corrie, Mayor ~.~ G ~ F ~, ~'~. *.~ TFa .. ~ s ~ «; A est by William G. Berg, ity Jerk ~, ~~'~~ r w ~` ~5 Approved By City Council On: Au ust 8 2001 5- 9~ ~~r~r ~~'~ _ ~`~~ „XZ~" ~~1.:..~ ;,~,.x~~14 SANITARY SEWER EASEMENT, Added Page 4 Five Mile Trunk Relief Sewer ,~~~~ t'J-(J•B~ _f Engineers Surveyors Planners Project: 5 Mile Relief Sewer (11616-03) Date: April 7, 2000 Revised: May 17, 2000 Parcel No. 50435325600 Grantor: Leonard R. Huskey CITY OF MERIDIAN EXHIBIT "A" A 32' WIDE PERMANENT SANITARY SEWER EASEMENT LAND SITUATED IN ADA COUNTY A strip of land located in the 5~u~hwest Y4 of Section 35, T.4N., R.1 W., B.M., Ada County, Idaho, for the purpose of a 32-foot wide permanent sanitary sewer easement lying 20 feet Southerly and 12 feet Northerly of the following described line; Commencing at a brass cap marking the Southwest corner of Section 35, T.4N., R.1 W., B:.M., Ada Country, Idaho. From said cap, a''/z" iron pin marking the West'/. corner of said Section 35 bears North 00°53'21" East, 2,643.52 feet; thence North 00°53'21" East along the Westerly boundary of said Section 35, 1,153.21 feet to a point; thence leaving said Westerly boundary South 89°06'39" East, 25.00 feet to a point on the existing Easterly right-of-way of Ten Mile Road. Said point being the REAL POINT OF BEGINNING, hereinto referred to as Point "A"; thence South 59°52'40" East, 466.70 feet to a point; thence South 80°21'43" East, 412.45 feet to a point; thence South 80°33' 17" East, 446.64 feet to a point; thence South 80°29'11" East, 37.59 feet to a point of terminus on the Easterly boundary of said parcel. From said point, the Southwest corner of said Section 35 bears South 59°57'02" West, 1,537.51 feet; Sidelines to be shortened or lengthened to match the beginning and terminus of this description. END OF DESCRIPTION TOGETHER WITH: Three temporary construction easements more particularly described as follows: EASEMENT N0. 1 A 25-foot wide temporary construction easement being 25 feet Southerly and coincident with the Southerly boundary of above-described permanent sanitary sewer easement. Sidelines to be shortened or lengthened to match the beginning and terminus of this description. END OF DESCRIPTION ,, v. 3/• COR SECT 33 "EXHIBIT "B° PARCEL N01 SO435325600 A^ CITY ~F MERIDIAN MERIDIAN S MILE RELIEF SEWER EASEMENT -RAVN BY. L.H.K. DATEi 4/10/00 IEGAU A vaNrIDN of iNE sv t/~, ucrlON JOH N0, 11616-03 33, TAN„ R7 V., 81L, ADA CIXMT7. IDAHO CK'D BYE STAFF SCALES 1'=100' _ _ SHEET 1__ pF _I LEGEND ® 25' TEMPORARY CONST EASEMENT ^g^ ® 10' TEMPORARY CONST EASEMENT 32' PERMENENT SEWER EASEMENT CREASON LATERAL EASEMENT / ~ 5 MILE GRAIN EASEMENT S \ ~ S E ISTINGESANITARYESEWER LINE a a \ 589'06'39^I I ~ Ss9•~_ 25.00' q W J ~W~ ~\ F ~ I f` :A N O - O Z ~ ~ _ ~__ L SN C3R SEL'T 33 USTICK ROgD Of R6\ ~12' ~o, ~ 20'~ ~ ~____` -r3nv ~ ~-ir4,~~~~~~'eRA~ ~ N. JrL ~l I SCALEI 1'=100' POINT OF TERMINUS .7~.~Z.E -mac. 117/~irmn, ..~ ~ ~E FIVE NILE DRAIN -~~ 559'57'02^W ~ _~~ ~.- 15 ___- N. Meridian City Council Meeting August 8, 2001 Page 9 Anderson: I would make a motion then that we approve the Ashford Greens No. 5 Drainage Easement on the City Golf Course property subject to ACHD's approval. McCandless: Second. Corrie: Motion been made and seconded to approve the Drainage Easement on the City Golf Course property dependent on the approval of ACHD. Any further discussion? Hearing none Mr. Berg. Roll Call: Bird, aye; De Weerd, aye; McCandless, aye; Anderson, aye. MOTION CARRIED: ALL AYES 4. Five Mile Relief Sewer Easement -- Leonard Huskey: Smith: Thank you Mr. Mayor, Council. The next item is an easement need for approval by Council. It's the Five Mile Sewer Line Relief, Five Mile Relief Sewer Line Easement through Mr. Leonard Huskey's property. This will connect the Five Mile Relief sewer line from Bridgetower Subdivision where it exists now to Ten Mile Road and that will allow it to flow on into the plant. This one has been a long time coming in that there was quite a bit of work that had to be done by the attorneys because of numerous family member involvements in the property but, it finally is here. Brad's memo to Mayor Corrie and City Council is the recommendation for the City Council to accept the easement associated with this Five Mile Relief Sewer project and authorize Mayor Corrie to sign and City Clerk to attest. If you have any questions I'm sure Brad can answer them for you. Bird: I have none. Corrie: You lucked out Brad. Hearing none, I will entertain a motion. McCandless: Mr. Mayor. Corrie: Mrs. McCandless. McCandless: I move that we accept the Sewer Easement associated with the Five Mile Relief Sewer project and authorize the Mayor to sign and the Clerk to attest. Anderson: Second. Corrie: Motion made and second to the motion. Any further discussion? Hearing none, roll call vote please. Roll Call: Bird, aye; De Weerd, aye; McCandless, aye; Anderson, aye.