HomeMy WebLinkAboutSanitary Sewer Easement with Spurwing Limited Partnership for The Club at Spurwing 816E IDIAN~
I®AHO
TO: Mayor Tammy de Weerd
Members of the City Council
FROM: Steve O'Brien
DATE: 11/06/12
Mayor Tammy de Weerd
City Council Members:
Keith Bird
Brad Hoaglun
Charles Rountree
David Zaremba
SUBJECT: Off-Site Sewer Easement for The Club at Spurwing
I. RECOMMENDED ACTION
A. Move to:
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
Scott Steckline: Land Development Supervisor
Pnge 1 of ]
ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 6 i
BOISE IDAN012112112 11:07 AM
DEPUTY Che Fowler III I IIIIII I IIIIIIIIII IIII I IIIIII II III
RECORDED-REQUEST OF
Clry of Meridian 112130816
SANITARY SEWER EASEMENT
(~rri2~n><rs~:p
THIS INDENTURE, made this ~~ day of ~~C, , 20J Z between i~ L~ m..k the
parties of the first part, and hereinafter called the Grantors, and the ity of Meridian, Ada Cormty,
Idaho, the party of the second part, and hereinafter called the Grantee;
WITNESSETH:
WHEREAS, the Grantors desire to provide a sanitary sewer right-of--way across the premises
and property hereinafter particularly bormded 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 shuctures, pees, brush, or peremiial 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 shorrld 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
SewerNlaiuEasemenL PageloP4 EASM'f.SWR.SPURWMGLTD.doc
which lies within such bormdary thereof or which is a part thereof, shall cease and become
mill and void and of no fiuther 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:
SPURWING LIMITED PARTNERSHIP
l
Joc r purwing Corporation
STATE OF IDAHO )
ss
County of Ada )
On this ~ day of N(I~~Y1/l~.{r , 20~, 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~lgJ,~,bove written.
r
~e* ~•.~ NOTARY PUBLIC FOR IDAH
AV>3V~G O Residing at:
s OPO~; Commission Expires: ~-
r
GRANTEE: CITY OF MERIDIAN
Tammy de erd, Mayor
Se~~~er Main Easement Page 2 of4 EASMT.SWR.SPURWING LTD.doc
GO~ORp'CED AUC~STJ
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0 nc~ryoe
L. Holman, City Clerk \ ~, S ~~~
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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.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
first above written.
FOR IDAHO
Residing at: .
Commission
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Sewer Main Easeme~~t Page 3 of4 EASM'f.SWR.SPURWING LTD.doc
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November 20, 2012
Page 1 of 2
EXHIBIT B
Spurwing Challenge Subdivision
Offsite Sanitary Sewer Easement
Easement B
An easement located within a portion of Parcel "B" as shown on Record of Survey Number
7826, Ada County records; said easement being situated in a portion of the Southwest''/a 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 Parcel "B", thence continuing North 0°48'39"
East 725.31 feet along the East line of said Parcel "B" to the POINT OF BEGINNING, thence
leaving said East line of Parcel "B"
North 89°51'46" West 81.26 feet, thence
South 20°32'58" West 132.64 feet, thence
South 03°22'13" West 279.85 feet, thence
South 40°32'39" West 104.70 feet, thence
South 66°49'5]" West 117.51 feet, thence
North 77°37'33" West 296.13 feet, thence
North 89°54' 19" West 202.42 feet, thence
South 84°16'44" West 112.22 feet, thence
North OS°43' 16" West 119.07 feet, thence
North 40°02'51" West 387.27 feet, thence
North 82°31'36" West 32.09 feet, thence
North 40°47'33" West 123.80 feet, thence
North 79°Ol' 12" West 143.56 feet to the Westerly line of said Parcel "B", thence continuing
along said Westerly line
North 10°58'51" East 37.62 feet, thence leaving said Westerly line
South 32°10'34" East 24.15 feet, thence
South 79°Ol' 12" East 133.97 feet, thence
South 40°47'33" East 123.11 feet, thence
South 82°31'36" East 32.24 feet, thence
South 40°02'51" East 401.22 feet, thence
South OS°43' 16" East 105.25 feet, thence
1904 W. Overland Boise, ID 83705 Phone 1208) 342-0091 Fax (208) 342-0092 vaww.quadrant.cc
Civil Engineering Surveying
Page 2 of 2
North 84°16'44" East 93.24 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
^^
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Consulting, Inc.
North 20°32'58" East 251.27 feet, thence
North 13°25'09" West 23.02 feet, thence
North 43°23'54" West 291.79 feet to the Southerly Right-of--Way line of West Balata Court,
thence continuing along said Southerly Right-of--Way line
20.00 feet along a curve to the right; said curve having a radius of 325.00 feet, a delta angle of
3°31'35", and a chord bearing and distance of North 46°21'28" East 20.00 feet, thence leaving
said Southerly Right-of--Way line
South 43°23'54" East 296.85 feet, thence
South 11°08'12" East 37.34 feet, thence
South 20°32'58" West 97.38 feet, thence
South 89°51'46" East 73.93 feet to said East line of Parcel "B", thence continuing along said
East line of Parcel "B"
South 00°48'39" West 20.00 feet to the POINT OF BEGINNING.
Said easement contains approximately 1.17 acres more or less.
14878
1904 W. Overland Boise, ID 83705 Phone (208) 342-0091 Fax (208) 342-0092 www.quadrant.cc
Civil Engineering Surveying