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Sanitary Sewer Easement with Centers, Jake for Westborough Subdivision City of Meridian Public Works Dept. RECEIVED JAN 2 7 2005 City Of Meridian City Clerk Office Memo To: Will Berg; Tara Green From: Clint Dolsby, Staff Engineer cc: Brad Watson, Public Works Director Date: 01/27/2005 Re: Proposed Agenda Item for February 1, 2005 City Council Meeting The Public Works Department respectfully requests the following item be placed on the February 1 City Council agenda, under Consent Agenda, for Council's consideration. 1. Permanent and Temporary Easement Contract for the Westborouah Subdivision Proiect. A permanent and temporary easement has been signed by Jake Centers for the construction of the sanitary sewer on their property north of McMillan Road and east of Meridian Road for this project. Recommended Council Action: The Public Works Department recommends that City Council approves the permanent and temporary easement contract for the construction of the sanitary sewer on the property north of McMillan Road and east of Meridian Road for the landowner Jake Centers and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. . Page 1 EXHIBIT A SANITARY SEWER EASEMENT THIS INDENTURE, effective this}ð fe.. day of JM ,200{ by the undersigned O~r ,whomaintainsamailingaddressof 17'71' /Ax.-v,.rf ~~ ~/" J r 'aJI , 10 ~ hereafter referred to as "GRANTOR" for the benefit of the Ity 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 seryice said pipeline from time to time by the CITY; NOW, THEREFORE, in consideration ofthe 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 LEGAL DESCRIPTIONS) 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 CITY, with the free right of 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 when the construction contract terminates at which time payment for the temporary construction easement will be sent by certified mail to the GRANTOR by the CITY. 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 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 not be responsible for repairing, replacing or restoring any permanent structures, large trees or brush placed within the area described in this easement. SANITARY SEWER EASEMENT, Page 1 of2 THE GRANTOR(S) do 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. 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 there9f 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. M~ / Grantor. STATE OF IDAHO) ) ss County of Ada) ~-;¡< 5' /' . On this ~ day of ¡,/A-tJ. , 200( before me ~f4-¡t:;r<: '-"""""~ , personally appeared , proved to me on the basis of satisfactory evidence to be the persons whose names is subscribed to the within instrument, and acknowledged that they executed the same. """"""""'",, !J ,.f) ,,1 ,¡.,,-~.¡ \.. IC¡¡t-t. "" . .~./// !? '7 I '" ~,t.\ /"æ þ/ f ¡ ~OT.t.t}o \ l /!~ \(' :,/,- i" -.- .. ~ N9tA~ý..PUBL(C F9JYIITAHO \ <I'. --(lBLtC ¡ i/ , \"~ ~o .~¡ ""lii OF 11)t- ",- ',..........."." My Commission Expires on 1:)/1 slo £' ! Beneficiary: CITY OF MERIDIAN By Tammy de Weerd, Mayor ATTEST: William Berg, Jr., City Clerk Date approved by Council: SANITARY SEWER EASEMENT, Page 2 of 2 Roylance & Associates P.A. 391 W. State Street, Suite E, Eagle, Idaho 83616 Engineers. Surveyors. Landplanners Telephone (208) 939-2824 Fax (208) 939-2855 January 13, 2005 Project No. 2586 Exhibit "A" Legal Description C5 Development, LLC Sewer Line Easement 4,302 Square Feet An easement situated in the Southeast One Quarter of the Northeast One Quarter of Section 30, Township 4 North, Range I East, Boise Meridian, Ada County, Idaho, described as follows: Commencing at a found brass cap monumenting the Northeast Comer of said Section 30 on the centerline of North Locust Grove Road, thence following said centerline and the easterly line of said Section 30, South 00°37'59" West a distance of1494.23 feet to the POINT OF BEGINNING. Thence following said centerline and said easterly line, South 00°37'59" West a distance of 10.00 feet to a point; Thence leaving said centerline and said easterly line, North 89°50'16" West a distance of 256.0 1 feet to a point; Thence 18.94 feet following the arc of a circular curve to the left, said curve having a radius of 175.00 feet, a central angle of 06°12'02", a chord bearing of North 59°01'13" West and a chord distance of18.93 feet to a point; Thence leaving said northerly right-of-way North 00°37'59" East a distance of 166.35 feet to a point; Thence South 89°49'06" East a distance oflO.OO feet to a point; Thence South 00°37'59" West a distance of166.04 feet to a point; Thence South 89°50'16" East a distance of262.35 feet to the POINT OF BEGINNING. The above-described tract ofland contains 4,302 square feet, more or less, subject to all existing easements and rights-of-way. Prepared By: ROYLANCE & ASSOCIATES P.A. 391 W. STATE STREET, SillTE E EAGLE, IDAHO 83616 208-939-2824 208-939-2855 (FAX) 01-13-05 X:\Projects\Centers\2586\AdminILegals\Copy ofPR-SS Legal.doc '9--- ~ ... - --' - - """'I8't~.JIA8JlJO? flI'AR/Wt..,...", . :r; '01>0 .~ "\Vß16.95' ~A8T 1/16 OORN~R -I6IV.OX'- - - - - - - BIG\: P~R 8~OTlON8 60 AND 19 ~ "ORTH~A8T OORN~R~I ~9 OAP UNRnDA9hi E. CHINDEN BLVD S~OTlON 60 ;¡ rOUND 9RA88 OAP NORTH 1/4 OORN~R L2 8~OTlON 60 0 0 POINT or OOUUfNO~U~NT~ "\\ Q rOUND 9RA88 OAP, I ~ I ~ 10.00'-1 :/ ~ ., . ~IO Iql q M - ,..) col ... "'" THE RESERVE ~I 1:2 t\2 ~I{j SUBDIVISION I æ ~ (PROPOSED) ~: I~ ~I;J ~,~ OURW t\~NGTH RADIO8 D~UA OH 9RG OH DIST °1 U ~I ~~ 01 18.94 IV5.00 6'1X'02" N59"(),"3.W '8.93 ~ 3 ~I ¡¡¡ I ' " POINT or 9~GINNING~1 Z 10.00' PROPOSro P09t.10 ~ 0 . - S8Æ2.°"6'E 262~ - 9-0 RIGHT-Or-WAf Cì~- - T - - - - - - - - - - - - - - - - - - - - - - 0 L1 NB9'50"6"W 1156.01' . ~ Leaen~ t r "" =====---- JIll 0 110 SEWER LINE EASEMENT EXHIBIT "B" rOUND jRA8S OAP OAt\O'O POINT PROPfRTf t\INf S~OTlON t.IN~ ~A8~U~NT MN~ PROP08~D RIGHT-Or-WAY t\IN~ ROYLANCE AND ASSOCIATES PA ~.~i.eer. So,veyor. ~o.dplo..ers OOŒ 39' W g'ol. gl,..1 goil. ~ ~ogl. Ido~o 838'6 01/10/05 P~OR. OXD8þ 939-X824 rax OXD8þ 939-X888 o'w gO"~¡¡ 1M nn ',\P"'j""\C"""\"80\0"""'\""bl\,\P'-85 ""bil.d., 1/14/2005 8,06," AM M8T