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Sanitary Sewer Easement with Laneyland LP for Generations Plaza (2)SANITARY SEWER EASEMENT THIS INDENTURE, made this ?k._ day of M,4 96 #, 2001, between Laneyland LP, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the �t� ME REQUEST OF and hereinafter called the Grantee; O' D ,� COU114I.�, RECOIIDUI, MGNDAN GIN f. 0;'k, ID 14AV RRO FEE � DEPUTY WITNE-VNTi:I 9 PM 1: 25 6/p r 101036599 dam/ af f'7 WHEREAS, the Grantors desire to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is provided for through an underground pipeline constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by 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 the sewer line over and across the following described property. The legal description for this easement shall be the legal description for the vacation of the alley, described as follows: and as shown on Exhibit A A portion of the 16 foot public alley of Block 5 of the Amended Plat of the Townsite of Meridian as filed for record in the office of the Ada County Recorder, Boise, Idaho in Book 1 of Plats at page 30 lying in the SW I/4 of Section 7, T.3N., R.1 E., B.M., Meridian, Ada County, Idaho and more particularly described as follows: BEGINNING at a point marking the Northwest corner of Lot 1 of said Block 5 of the Amended Plat of the townsite of Meridian; thence along the West boundary of said public alley North 00°57'31" East 16.00 feet to a point marking the Northwest corner of said public alley; thence along the North boundary of said public alley SANITARY SEWER EASEMENT GENERATIONS PLAZA PAGE 1 OF 4 South 88°20'26" East 85.87 feet to a point; thence leaving said North boundary South 00°57'31" West 16.00 feet to a point on the South boundary of said public alley; thence along said South boundary North 88°20'26" West 85.87 feet to the POINT OF BEGINNING, Said parcel of land contains 1,374 square feet, more or less. The easement hereby granted is for the purpose of construction and operation of a sanitary sewer line and its allied facilities, together with its 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 structures, trees, brush, or perennial 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 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 whomever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. SANITARY SEWER EASEMENT GENERATIONS PLAZA PAGE 2 OF 4 LANEYLAND, LP - GRANTORS Ste ane Al CITY OF MERIDIAN — GRANTEES ATTEST: BY.TZZj/ ,/,,/- /, William G. Berg, Jr., City Date of Meridian City Council Approval STATE OF IDAHO, . ss: County of Ada, e4) RRT v bm-5 (Q`15/xM On this aEL day of j�� , 2001, before me, the undersigned, a Notary Public in and for said State, personally appeared STEVEN LANEY, of Laneyland, LP, that executed the within instrument, and acknowledged to me that such entity executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SANITARY SEWER EASEMENT GENERATIONS PLAZA PAGE 3 OF 4 (SEAL) STATE OF IDAHO, ss: County of Ada, . "J -u- 44LU&S-2 - NoUary P blic for Idaho Residing at: My Commission Expires: O On this day of y%1C AdA , 2001, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Cleric 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. ��aerrwr• d� O i er'CA e� r �©vii ®�� 1✓�,®®s Notary blic or daho Residing at: AG% My Commission Expires: \\NPA NTS40 PDC\SERVER Z\Work\M\Meridian\Meridian 15360M\ParkASANITARY SEWER EASEMENTGenPlaza.doc SANITARY SEWER EASEMENT GENERATIONS PLAZA PAGE 4OF4 Meklian City Council Meeting March 27, 2001 Page 4 Sanitary Sewer Easement Agreement with Laneyland, LP for the Generations Plaza Alley: Smith: Thank you Mr. Mayor and Members of Council. The first item is the sewer easement to the Generations Plaza Alley. This is an easement across the length of the alley that was vacated by the owners of the Generation Plaza project, Laneyland, LP. We have a sewer line under that portion of the vacated alley, and so this easement just guarantees us access to that length of sanitary sewer line under the vacated portion of the alley between the two Generations building projects. The easement has been signed by Steve Laney, and I have checked it over. The description coincides with the description of the vacated alley, and we have added an exhibit entitled Exhibit A, which is a map that shows the extent of the easement. So far from that standpoint, I recommend that the Council approve this easement for recording. Corrie: So you did get a detailed drawing? Smith: Yes, sir, I did. Corrie: Do we have any questions for Gary? Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we approve the sanitary sewer easement with the Laneyland, LP and the City of Meridian at Generations Plaza for the Mayor to sign and the Clerk to attest. Anderson: Second. Corrie: Motion made and seconded to approve the sanitary sewer easement agreement and the Mayor to sign and the Clerk to attest. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Smith: Thank you Mayor. Thank you Council. 2. Well No. 18 Bypass Pipeline — Award of Contract: Smith: This project was declared as an emergency in January by Council, and we subsequently have some plans prepared so that it could be bid. We solicited because it was under emergency declaration three bids or three quotes from Brown Construction, Irminger Construction, and Sommer Construction. Irminger and Sommer responded with quotes and they are listed there on your sheet.