HomeMy WebLinkAboutSanitary Sewer Easement with Manning, Troy A. and Dana J. for Bittercreek Lift StationADA COUNTY RECORDER J. DAVID NAUARRO AMOUNT .00
BOISE IDAHO 03/29/07 01:49 PM
DEPUTY Neava Haney II I I' II II III II I ('I I II II I I' I' I II'I'll
RECORDED-REQUEST OF 107044335
Meridian City
This sheet has been added to document
to accommodate recording information
SANITARY SEWER EASEMENT
MASON CREEK LIFT STATION AND
PIPELINES PROJECT
TROY A & DANA J MANNING
SANITARY SEWER EASEMENT
THIS INDENTURE, effective this ~D ~ day of ~~~~e , 2007, by the
undersigned Troy A. Manning and Dana J. Manning, property own ,who maintain a
mailing address of 4753 S. Ten Mile Road, Meridian, Idaho 83642, hereafter referred to as
"GRANTORS" for the benefit of the City of Meridian, a municipal corporation of the State of
Idaho that maintains a mailing address of 33 East Idaho Street, Meridian, Idaho 83642,
hereafter referred to as "CITY".
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 CITY;
NOW, THEREFORE, in consideration 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 CITY 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 EXHIBIT A)
The permanent easement hereby granted is for the purpose of construction and
operation of a sanitary sewer line, together with maintenance, repair and
replacement at the convenience of the CITY, with the free right of reasonable
access to such facilities at any and all times.
The temporary construction easement is for the purpose of construction of a
sanitary sewer line and related .incidental work. The temporary construction
easement shall expire upon completion of the sanitary sewer line.
TO HAVE AND TO HOLD, the said permanent easement and right-of--way unto the
said CITY, its successors and assigns forever.
1. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties
hereto, that the Grantor shall have the right to use and improve the easement
area for uses which do not interfere with the use of the said easement or the
purposes stated herein. Such uses shall include, but not be limited to
landscaping, a tree selection that is coordinated with the CITY, ingress, egress,
driveways, roads, parking, temporary storage, farming, pathways and utility
extensions. THE GRANTOR(S) do hereby covenant and agree that they will not
place or allow to be placed any permanent structures within the area described
for this easement that would interfere with the use of said easement, for the
SANITARY SEWER EASEMENT, Page 1 of 3
purposes stated herein.
2. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties
hereto, that the CITY, 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 CITY will no# be responsible for repairing, replacing or restoring
any permanent structures, large trees or brush placed within the area described
in this easement.
THE GRANTOR(S) does hereby covenant with the CITY that he is lawfully seized
and possessed of the aforementioned and described tract of land, and that he has a
good and lawful right to convey said easement, and that he will warrant and forever
defend the title and quiet possession thereof against the lawful claims of all persons
whomsoever.
IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures
the day and year first hereinabove written.
Troy A. Manning and Dana J. Manning
SANITARY SEWER EASEMENT, Page 2 of 3
STATE OF IDAHO)
ss
County of Ada )
On this ~'y day of , 2007, before me, ,personally
appeared .rl.¢,~ and ~,qdp~ ~~-! w7 w7 and proved to me on
the basis of atisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument, and acknowledged that executed the
same.
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Beneficiary: CITY OF MERIDIAN
TA PUBLIC FOR IDAHO
My Commission Expires on ~/ 3d
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Tammy d rd, Mayor ~~~ ~~~
ATTEST• ~ _ [y"Y~ ~'
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William Berg, Jr., Gity
Date approved by Council: _ ~.ar~, l~~ ?,~07 ~~'%~,,,T'{ ~ ,,~to<~``~
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STATE OF IDAHO, )
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Courrty of Ada )
On this ~ ~ ~~day of f ~ ~ ~~'~ ~~~-- , 2007, before me, the
undersigned, a Notary Public in and for said State, personally appeared Tammy de
Weerd and William G. Berg, Jr., 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 ~Qd,~ga :first above written.
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(SEAL) ; NOTARY PUBLIC FOR IDAHO
RESIDING AT: f~< ~ ~ ~~
`I~~}-~~„~: ~ •' MY COMMISSION EXPIRES: i 0 - /S - i~
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SANITARY SEWER EASEMENT, Page 3 of 3
Manning Parcel
Waterline Easement
Legal Description
December ~8, 2046 Exhibit "A"
A parcel of-land situated is the:Southeast'/. of the Southeast '/ of Section 27, 'Township 3 North,
Range l West, Boise 1vleridian, Ada County, Idaho, and more particularly described as follows:
Comrnensing at a brass cap monunienting the southeast corner of said Section 27, from which a brass
cap monitmenting the 1 comer eonunon to said Section 27 and Section 34 beaus
North 89°1$'29" West (also shown ofrecord-as North 89°18'49"~ 2&14.43 feet.
Thence atoag the sou~erly line of said Section 27, North 89°18'29" West-71.32 feet;.
thence leaving said. southerly line, North:4°41'31" East 25:04.-feet to the'northerly right-of-.way of
.Amity Road and the PCIIIVT' (3F BEGINNING;
thence North 45°44' 13" East 65.27 feet to the westerly right-af--way of Ten Mile Road-,
thence slung the westerly right ofway of Ten Mile Road, South 4°3Z'45" West {also shown of record
as-South 0°33'08" West} 46.17 feet to said northerly right-of-way of Amity. Road;
thence along said northerl} right-of-way-North 89°18'29" West 46.25 feet to-ihe PAINT OF
BEGINNING, comprising.1468 square feet, more or less.
Prepared by
CH3lvl HILL, Inc.
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Steven C. Wellington, P.L.S
PAGE t OF 1 AiAt~Nfa EASEAENf 1.[IOC
Meridian City Council
March13, 2007
Page 4 of 49
P. Approve Permanent and Temporary Easement Contract for
Trot/ A. and Dana J. Mannino for Bitter Creek Lift Station and
Pipelines:
Q. Approve Permanent and Temporary Easement Contract for
Wirt Edmonds for Bitter Creek Lift Station 'and Pipelines:
R. Approve Permanent and Temporary Easement Contract for
Warren Waite for Bitter Creek Lift Station and Pipelines:
S. Approve Permanent and Temporary Easement Contract for
Frank A. and Erma E. Smartt Trust for Bitter Creek Lift Station
and Pipelines:
T. Approve Task Order for Miscellaneous Master Plan Support
Services with JUB Engineers, Inc. for $7,500.00:
U. Award Bid /Approve Contract with Senske Lawn and Tree Care
Company for a three year contract with amounts for 2007 of $34,646,
for 2008 $35,340 and for 2009 $36,400 for a total of $106,396.00 for
Landscape Maintenance Services
Borton: Thank you. Item No. 5, Consent Agenda.
Bird: Mr. President?
Borton: Mr. Bird.
Bird: I move we approve the Consent Agenda as published and for the President to sign
and the Clerk to attest on all papers.
Zaremba: Second.
Borton: It's been moved and second to approve the Consent Agenda as published. Mr.
Berg, call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Item 6: Department Reports:
Borton: Thank you. There are no departments reports.
Item 7: Items Moved from Consent Agenda: