Loading...
HomeMy WebLinkAboutSanitary Sewer Easement with Bayless, David N. and Eunice J. for White Drain SewerRECORDED- r~EiiUE~~f fir= ~ ?OOIOC-4 PH 145 101 102766 ~~ This sheet has been added to document to accommodate recording information. MUST ~' /D//G~~lol~ SANITARY SEWER LINE EASEMENTS THIS INDENTURE, made this ~i~ day o ~'e ~Y , 20 of ,between David N. Bavless and Eunice J. Bayless 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 sanitary sewer line rights-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer lines are to be provided through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines 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 rights-of--way for easements for the construction, operation and maintenance of sanitary sewer lines over and across the following described property: SEE ATTACHED EXHIBITS A, B, AND C. A temporary easement is hereby granted are for the purpose of construction, and a permanent easement is hereby granted for the operation of sanitary sewer lines 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 permanent easement and rights-of--way unto the said Grantee, its successors and assigns forever. Said temporary easements and rights-of--way shall be discontinued and ordinary use shall revert back to the underlying owner upon acceptance of the constructed sewer mains by the City of Meridian. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantee, in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such 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 GRANTORS hereby covenant and agree that they will not place or allow to 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. 1U4U4/Sanitary Sewer Easement.doc 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 hereinabove written. David N. Bayless Eunice J. Bayles ACKNOWLEGMENT: STATE OF IDAHO ss. County of Ada ) On this f! day o ~ , 20 m / ,before me, the undersigned, a Notary Public in and for said S ate, personally appeared David N. Bayless and Eunice J. Bayless. known or identified to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year.++~~t~tig~¢~tificate first above written. . '° ~' • • N O T,q : ,y ; / .. ~ ~ ,~ ~'~ ~ ~ '7' " Notary Public a State of Idaho U • ~. ~ ~ L I C ~` ~- Residing at: ~~d • "`T •'~ ••' My Commission Expires: /o -/~l- o_s'- °. Op ID P CITY OF MERIfSr~°`ACCEPTANCE: ~ `,~~ . o rt D. Corrie, Mayor i; / °~ .. Attest By William G. Ber ,City Clerk ~~~'oved by City Council 10404/Sanitary Sewer Easement.doc EXHIBIT "A" DESCRIPTION FOR TEMPORARY SANITARY SEWER EASEMENTS RAYLESS PARCEL September 24, 2001 PARCEL 1 A temporary easement for sanitary sewer main construction, located in the SW'/4 of Section 31, T.4N., R.1 E., B.M., Ada County, Idaho, being a strip of land 40.00 feet in width, right of and adjacent to the following described easement line: Commencing at the southwest comer of the SW'/4 of Section 31, T.4N., R.1 E., B.M.; thence N 00°50'16" E 2287.28 feet along the west line of said SW'/< to the BEGINNING POINT of this easement line description; Thence S 89°48'23" E 223.01 feet to a point; Thence N 00°50'16" E 148.52 feet to a point; Thence N 37°33'44" E 62.01 feet to a point; Thence S 89°48'23" E 1724.67 feet to a point; Thence S 66°48'05" E 91.57 feet to a point; Thence S 43°47'48" E 189.44 feet to a point; Thence S 21°32'50" E 88.49 feet to a point; Thence S 00°42'08" W 69.24 feet to a point; Thence S 89°17'52" E 165.00 feet to a point on the east line of said SW'/4, the ENDING POINT of this easement line description. AND: PARCEL 2 A temporary easement for sanitary sewer main construction, located in the SW'/< of Section 31, T.4N., R.1E., B.M., Ada County, Idaho, being a strip of land 40.00 feet in width, left of and adjacent to the following described easement line: Commencing at the southwest comer of the SW'/4 of Section 31, T.4N., R.1 E., B.M.; thence N 00°50'16" E 2650.09 feet along the west line of said SW'/< to a point; thence S 89°48'23" E 1385.49 feet to the BEGINNING POINT of this easement line description; Thence S 00°11'37" W 135.00 feet to the ENDING POINT of this easement line description. AND: PARCEL 3 10404\ 10404-tssease-des. doc A temporary easement for sanitary sewer main construction, located in the SW'/4 of Section 31, T.4N., R.1E., B.M., Ada County, Idaho, being a strip of land 40.00 feet in width, left of and adjacent to the following described easement line: Commencing at the southwest comer of the SW '/4 of Section 31, T.4N., R.1 E., B.M.; thence N 00°50'16" E 2650.09 feet along the west line of said SW'/4 to a point; thence S 89°48'23" E 2400.29 feet to a point; thence S 00°11'37" W 20.00 feet to the BEGINNING POINT of this easement line description; Thence N 89°48'23" W 50.80 feet to a point; Thence S 45°26'53" W 298.55 feet to the ENDING POINT of this easement line description. Michael E. Marks, P.L.S. No.4998 10404110404-tssease-des. doc EXHIBIT "B" DESCRIPTION FOR PERMANENT SANITARY SEWER EASEMENTS RAYLESS PARCEL September 24, 2001 PARCEL 1 A permanent easement for a sanitary sewer main, located in the SW'/4 of Section 31, T.4N., R.1 E., B.M., Ada County, Idaho, being a strip of land 30.00 feet in width, left of and adjacent to the following described easement line: Commencing at the southwest comer of the SW'/< of Section 31, T.4N., R.1 E., B.M.; thence N 00°50'16" E 2287.28 feet along the west line of said SW'/4 to the BEGINNING POINT of this easement line description; Thence S 89°48'23" E 223.01 feet to a point; Thence N 00°50'16" E 148.52 feet to a point; Thence N 37°33'44" E 62.01 feet to a point; Thence S 89°48'23" E 1724.67 feet to a point; Thence S 66°48'05" E 91.57 feet to a point; Thence S 43°47'48" E 189.44 feet to a point; Thence S 21°32'50" E 88.49 feet to a point; Thence S 00°42'08" W 69.24 feet to a point; Thence S 89°17'52" E 165.00 feet to a point on the east line of said SW'/4, the ENDING POINT of this easement line description. AND: PARCEL 2 A permanent easement for a sanitary sewer main, located in the SW'/4 of Section 31, T.4N., R.1E., B.M., Ada County, Idaho, being a strip of land 30.00 feet in width, right of and adjacent to the following described easement line: Commencing at the southwest comer of the SW'/4 of Section 31, T.4N., R.1E., B.M.; thence N 00°50'16" E 2650.09 feet along the west line of said SW'/ to a point; thence S 89°48'23" E 1385.49 feet to the BEGINNING POINT of this easement line description; Thence S 00°11'37" W 135.00 feet to the ENDING POINT of this easement line description. AND: PARCEL 3 10404\10404-pssease-des.doc A permanent easement for a sanitary sewer main, located in the SW '/4 of Section 31, T.4N., R.1 E., B.M., Ada County, Idaho, being a strip of land 20.00 feet in width, right of and adjacent to the following described easement line: Commencing at the southwest comer of the SW '/4 of Section 31, T.4N., R.1 E., B.M.; thence N 00°50'16" E 2650.09 feet along the west line of said SW'/4 to a point; thence S 89°48'23" E 2400.29 feet to a point; thence S 00°11'37" W 20.00 feet to the BEGINNING POINT of this easement line description; Thence N 89°48'23" W 50.80 feet to a point; Thence S 45°26'53" W 298.55 feet to the ENDING POINT of this easement line description Michael E. Marks, P.L.S. No.4998 10404\10404-pssease-des.doc 0 A 0 c.~ N m v .r J i~ ~~ O~ C.~ z ~l Im D 1° _ ~~ ~1~P0 ED C~EDA SP INGG~BDIV~ION i r~ ~ -- _. _N 00'50'16"E _J l1 ~~~ - _ _ _ _ 2287.28' _ _ _ _ _ ~ _362.81'- N ~ i i i ~ ~I T ~--- oil ~-- ~-1- - ~ I I ~ I - I_ W ~~ / I ~ m 6 ~ ~ l ~ I ~ ~ ~ ,-- ~ N 00,50 156 r ~ -I I I ~- I {r_____~ ~ it I ~ ~- -~ ~ ~ ~ I - ~ ~- --1 ~ ~- G -~ I i I ! ~ I ~ ~~ LI ~_ I_ ~ L- I -~ 1 `---- ~ I- LTJ~ I ~ ~ ~ I d rrrr W N ~ Z m --I _ ~ I H~ ~ ~--~ ~,., I N Z N 1 .A ao o co ~~o~ r m _ ~ I z N I y wc .+vo ~ ~ ~ -~ ~ ' I ~: I, ~ ~ ~~ N N ~ ~oo~ r m ' I , / > ~ ~~ ~ ~ ~ m - - ~ / _ ice. ____I I ~ l ~ I~ Io CI r- o m -~ ~' ~ ~ ~ ~ ~ N I -z-' H D m~~ I~ J ~ ~~ N m c,+ --{ y - r~.i ~r+i I ~~ r Z ~~ I~ -1 ~ ~ ~ v t~ ,~ I~ ~ T7~~'' T - I - I _L - - I ~_ C7 C -~ I °~ O ~, m m -~ -- - - ~ITI ~ Io I ~ ~ i }-~' ~ 1 o ~~~~~ ~ I-- - `D ~ i I ? r'? ~ I ~ I yY S 00'42'08'W ~ ~~ ~ N (_-69.24' / T~~ ~o5ti4`ti ~ ,~ ) ~ ,-;/ m ~~ O ,~; z `" ~ ~ m j\ N l Q ~ c.+ O O ~ N c7i tp o ~ N m m ~ o z v ~ m D Z ~Z D DN~~ Z N ~ rn N N ran ~ m ~ ~Q ~ ~ ~m vim ~ ~x ~ o m~ m Z ~ ~Z D m !. ~ ~ w z ~ `n ~ °' J °n ~~ m ~ 1 Dz ENDING POINT-~' BEGINNING POINT~L1 PARCEL 1 PARCEL 3 MERIDIAN SANITARY SEWER EASEMENTS BRIGGS ENGINEERING, INC. ~' BAYLESS PARCEL N R~~ a Z LOCATED IN THE SW 1 /4 OF SECTION 31 B R I G G S TOWNSHIP 4 NORTH, RANGE 1 EAST, B.M. ADA COUNTY, IDAHO (208)344-9700 DESIGN DRAFT SCALE DATE DWG.NO. 1800 W. OVERLAND ROAD BKB 1" = 300' 09/2401 10404 BOISE, IDAHO 83705 INT EXHIBIT »C,~ ~~ I I oo m N~ I r~'>1~ ~~_ II-Z~" w H ~ b ~ ~ c0 I N ~1 m Z rn o°°, ~ ~ J ~m ~ ~~ mz ~ r- z r~ ~ ° Z ~ oN~ N~ I ~ ]~~ IV1A rn~ ~ m ~~n \ Z~ IAN I D I~ Z r~A =~ ~°o~ Vey N- i I ~ ~~ ~~ ~ ~ ~~ O ' ^~' f Meridian City Council Meeting October 2, 2001 Page 7 Watson: Councilwoman de Weerd, Mayor and Council, the permanent sewer easement would contain the eventual pathway. The permanent sewer easement also includes .29 acres of what is already existing as the drain way -- drainage way easement. Is that it? Did I answer your question? De Weerd: So the sewer easement is one and the same as the easement that would be required on the drain? Watson: For 0.29 acres it is. The sewer easement on that east end gets really wide and it does overlap all the way to the north boundary. It's just the shaded area. Correct. The white line that comes up on the west side, goes north, and then traverses east is the permanent easement. The yellow one is the temporary construction easement. De Weerd: Thank you. Corrie: Any other questions, Council? Bird: I have none. Corrie: Okay. Any discussion? Hearing none, I will entertain a motion on the request. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we accept the permanent temporary constnaction sewer easement from Howell Murdoch Development Corporation with -and approve the right-of--way contract and authorize the Mayor to sign and the City Clerk to attest to the easements and right-of-way contract. Anderson: Second. Corrie: Motion has been made and seconded on the stated motion. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT. Watson: Thank you, Mr. Mayor and Council. The second White Drain Sewer Trunk easement is -- that has been signed is from Bayless, Gene Bayless. I understand it's under option to Gary Voight. It's where the proposed Sundance Subdivision was, just east of Linder, directly east of the 58 acre park. The item to discuss in this one is that they propose that it meet some future roadway alignment through here. There is an existing easement that Mr. Bayless signed sometime ago along the northern boundary, but it came back in with a new alignment, so that it would -anew easement alignment, so that it would coincide with their future street alignment. They propose two different ways to get it to the east, both through this cul-de-sac up here and through this stub Meridian City Council Meeting October 2, 2001 Page 8 street. I don't have a recommendation in the memo I wrote you, because I wanted to give you an opportunity to discuss this. I have been in conversation with the engineer on this and I told him up front my concern is that it locks -locks in the street alignment for when that plat does come in. Corrie: Council, questions? Discussions? De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: Brad, where is that application in the process? Has it been in front of Planning and Zoning? Watson: Councilman de Weerd, Mayor, and Council -- Briggs: Dean Briggs, Briggs Engineering. This piece is actually north of the Sundance Subdivision. Sundance is being heard on Thursday, although I think we are going to table it until the sewer issues become a little more clear. When the sewer issues came up Mr. Voight expressed interest in coming up with a design that was flexible and allowing the corridor through, other than just that northerly route. We have made some fairly deep lots on that north side, allowing us to do some arrangements that will make that work in the future, and it doesn't have -- as you can see, a portion of it is actually walkway, some street, and we can continue that type of design in the future. The piece to the east is being purchased I believe rather quickly. Mr. Quenzer had that. There is also an easement along the north property line of that parcel. Mr. Voight was trying to purchase that parcel and that's why we were carrying it down through the street and so we have given two options on this, one to go up to the north where the easement exists or it could come through -- and hopefully those people will come back and pick one. If they don't, we can move them north and still be in the easement to the north there. De Weerd: Thank you. Corrie: Thank you. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: Brad, I had the question. You said we already had an easement to the north of the property that went through there. My question is -- I mean this looks like it takes a lot of jogs and turns. For maintenance, for future cleaning of the lines and all that kind of stuff, do these additional jogs that this would take by changing this easement, does that make it more expensive to maintain these lines for the city or about the same or does it create any problems in the future? Meridian City Council Meeting October 2, 2001 Page 9 Watson: Councilman Anderson, Mayor and Council, a per foot basis. It's relatively inexpensive, about a some additional length. So, yes, there is additional they are. Anderson: Does it affect flow in the future? Watson: I would say not. it - we bid out our maintenance on quarter per foot. I mean, obviously, cost. I don't know how substantial Briggs: One comment in that regard. If it were on the north side, chances are it wouldn't be serving a lot, it would be a sewer without a connection. So you would actually have another sewer. That's one of the reasons that we made this south, so we could get it into the street and use it for a collection. If we leave it to the north it probably won't. We should have less linear feet in the end. Anderson: Thanks, Brad, for that informative information there. Corrie: Okay. Any other questions, Council? Do we want to table this? Bird: What do we do if we have already granted - we have got an easement to the north, so do we have to change the plat or what do we have to do to change the easements from the north of this property down to the -- where it is now? Corrie: Brad? Watson: Councilman Bird, Mayor, and Council. We -until there is an application I don't think we do anything with the existing easement along the north parcel line. There is no application, as I stated, that exists on this north property. I'm somewhat mistaken, because the stuff down below is Sundance property. I just thought this was kind of - part of the same thing. Bird: Well, the problem is that this -- the owner of the property signed an easement and it says it's recorded. Watson: Councilman Bird -- Bird: That's what it says right here. Watson: Yes, it is. Bird: So if it's recorded, you have got a -this is - my thinking is you got to get rid of the recorded easement and then put a new easement within the same deal. I don't know. Legally - I mean I'm not a lawyer, but it just seems like common sense that you have to get rid of the one easement up to the north that you're not going to use or -that was - the easement was for utilities and now we want to move it down, I don't know, you know, two, three hundred feet down into the middle of it and record it that way. I don't Meridian City Council Meeting October 2, 2001 Page 10 think we can have two utility easements recorded on the same plat. I mean if they want to do that, I guess we could, but -- Anderson: May have to vacate one and then -- Bird: May have to vacate one. So how do we do it? Corrie: Mr. Attorney? Nichols: Mayor, Members of the Council, I saw Brad raise his hand. Did you have something? Watson: Well, I was just trying to answer -- obviously, it would have to ultimately be vacated when it was platted, but I wouldn't want to vacate that at this point, because we have still got a little ways to go. If you approve this tonight, we still have to go through the design and I would hope this would at least go through some planning and zoning, maybe some public hearings. We are a little ways away from construction. I want to have the ability to always revert back to that straight alignment on the north boundary until -- until this is okay. Bird: Well, then -- Mr. Mayor. Corrie: Mr. Bird. Bird: Then what you're telling me is you want two right of easements on this property right now? You don't want to -- you don't want to vacate or get rid of the one on the north property, but you want to do this one here, too? Watson: Councilman Bird, Mayor and Council, the one on the north would be more of a safety net. If you went ahead and granted -- or accepted this easement on this alignment, my plan would be to vacate the north one, ultimately, as that project is coming through with the final plat, unless there is some reason I need to start that sooner. Nichols: Mr. Mayor. Corrie: Mr. Nichols. Nichols: Mayor, Members of the Council, I mean it seems to me that this alignment is from the request of the property owner or the owner's option and so what this does is it gives the ability to know where the alignment is and they can propose their development, if they do, with this particular alignment. It doesn't bind the city to this alignment, because you have the other easement as an option. So it doesn't pre- suppose that this layout is going to be approved by this Council or whatever Council it appears in front of. So you can go ahead and approve this, but then at that - if I were the property owner coming in and requesting approval for a development with this Meridian City Council Meeting October 2, 2001 Page 11 alignment, I would also apply for vacation of that easement on the north boundary at that time, so that it's all taken care of as part of the same plat if it's approved. Bird: Mr. Mayor. Cowie: Mr. Bird. Bird: I agree, but the question I have got, does the owner know that we are not going to vacate the north boundary one at this time and is he in agreement with that, to not vacate it at this time and still give the easement for this, as we record this one? Watson: Councilman Bird, Mayor and Council, all I know is that I told him for this to even be considered he had to sign it, so that I could bring it before you and there was no accompanying request to vacate the other easement. Bird: Okay. Thanks. De Weerd: Well, yes, I can see there is probably a variance needed in a block right there. Cowie: Any other discussion? Bird: 1 have none. Cowie: Okay. Then I'll entertain a motion on the request, sort of. Bird: I don't know how to make it. Mr. Mayor. Cowie: Mr. Bird. Bird: I would move that we accept a second easement from David and Eunice Bayless by Gary Voight on the property east of Meridian Road and for the Mayor to sign and the Clerk to attest and I don't know any other way to make it. De Weerd: Second. Cowie: Okay. Motion's been made and seconded to approve a second easement in the David and Eunice Bayless, by way of Gary Voight, the property east of Meridian Road, proposed Sundance Subdivision. Further discussion? De Weerd: No, not in the proposed Sundance Subdivision. Cowie: It's north of the proposed -- okay. Anderson: Mr. Mayor. Meridian City Council Meeting October 2, 2001 Page 12 Corrie: Yes. Anderson: Do we need to reference this to something so that whoever is recording this knows what document we are referring to? I see an Exhibit C up there in the corner. Maybe we could refer to it as that. I don't know. Corrie: Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, I would refer to the agreement, the sanitary sewer line easements dated September 26, 2001. Bird: Okay. September 2nd, 2001. Okay. The agreement -- Corrie: Okay. Good. Thank you, Mr. Anderson. Any further discussion? Hearing none, all those in favor of the motion say aye. Alt ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT. Watson: Thank you, Mayor and Council. The third White Drain Thank Sewer easement is for a piece of property that is part of the Bridgetower project. It's owned by Young's Land. This is directly west of the Howell property that you were looking at just a minute ago. As you thumb through the packet, the actual easement that's -- I guess Gary just handed it out to you. I don't think I included it in the packet, the actual easement form. If you thumb through to the right-of-way contract, it's the fourth page back, about midway down that page it has additional stipulations, and there is a rather tong list of stipulations on that easement and I would be happy to discuss any of those in detail if you have any questions. Corrie: Any questions on the additional stipulations? Nichols: Mr. Mayor. Corrie: Mr. Nichols. Nichols: Brad, in connection with this list of requirements, would you, please, comment on how difficult some of these may or may not be? Watson: Mr. Nichols, Mayor, and Council, this was a very, very long negotiation process on this one. There is one part that could be somewhat difficult and it has to do with the sewer services into the trunk line and the coordination between our contractor - - having our contractor doing it or their contractor doing it while we are out there. Nichols: Brad, is there any limit on the number of connections? Are these connections to be made without payment of any connection fees? Or what's to be -what's the contemplation on these requirements?