Permanent and Temporary Construction Easement with Liberty Development for Chesterfield Development
City of Meridian
Public Works Dept.
RECEIVED
APR 0 6 2006
City Of Meridian
City Clerk Office
Memo
To:
Will Berg; Tara Green
From: Clint Dolsby, Staff Engineer
cc:
Len Grady, City Engineer
Date: 04/06/2006
Re:
Proposed Agenda Item for April 11, 2006 City Council Meeting
The Public Works Department respectfully requests the following item be placed on the April
11 City Council agenda, under Consent Agenda, for Council's consideration.
1. Permanent and Temporarv Easement Contract for Liberty Development. Inc. A
permanent and temporary easement has been signed Liberty Development, Inc. for
the construction of the sanitary sewer on their property in Chesterfield Subdivision for
the Ten Mile Diversion Trunk.
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 in Chestemeld Subdivision for the
Ten Mile Diversion Trunk 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
SANITARY SEWER EASEMENT
THIS INDENTURE, effective this 23rd day of February, 2006, by the undersigned Liberty
Development Inc., who maintains a mailing address of 2364 Titanium Place, Meridian, ID
83642, hereafter referred to as "GRANTOR" for the benefit of the City of Meridian, a
municipal corporation ot the State of Idaho that maintains a mailing address of 33 East
Idaho Street, Meridfan, Idaho 83642, hereafter referred to as "CITY".
WITNESSETH:
WHEREAS, the Grantor desires to provide a sanitary sewer right-ot-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 EXHIBITS A-1, A-2 and B-1, B-2, B-3)
The permanent easementsþereby granted are for the purpose ot 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 easements are 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.
TO HAVE AND TO HOLD, the said permanent easement and right-at-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 of 2
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 tor 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 thereof against the lawful claims ot all persons
whomsoever.
IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures
the day and year first hereinabove Itt .
.~
STATE OF IDAHO)
) ss
)
My Commission Expires on
03'-Z:5.tD
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
Project:
Parcel No:
Date:
Revised:
11873
512103150001
November 17, 2005
February 9, 2006
EXHIBIT A-1
PARCEL DESCRIPTION
PERMANENT SEWER EASEMENT
That portion of the Southeast 14 of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada
County, Idaho, as shown on the attached exhibit, and more particularly described as follows:
Commencing at the Center % of Section 10; thence along the Northerly boundary of the Southeast % of
said section, South 89011'03" East, 192.09 feet to the POINT OF BEGINNING;
thence continuing along said boundary, South 89' 11'03" East, 30.91 feet;
thence South 13008'26" East, 23.44 feet;
thence South 00045'28" West, 122.29 feet;
thence South 89011 '31" East, 496.12 feet;
thence South 58022'06" East, 51. 70 feet;
thence South 27032'42" East, 431.77 feet;
thence South 13040'04" East, 113.49 feet;
thence South 00000'15" East, 69.32 feet;
thence South 88°26'43" East, 17.02 feet;
thence South 01 . 33'17" West, 147.73 feet to the Northerly right-of-way of the Oregon Short Line
Railroad;
thence along said right-of-way, North 88027'03" West, 20.00 feet;
thence North 01033'17" East, 117.73 feet;
thence North 88°26'43" West, 26.21 feet;
thence North 00' 00'15" West, 94.92 feet;
thence North 13°40'04", West, 106.25 feet;
thence North 27032'42" West, 419,85 feet;
thence North 58°22'06" West, 35.16 feet;
thence North 89°11'31" West, 517.85 feet;
thence North DO' 48'22" East, 148.21 feet;
thence North 13008'26" West, 27.66 feet to the POINT OF BEGINNING.
Containing 0.991 acres, more or less.
END OF DESCRIPTION
RMH/TLK:lhc
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EXHIBIT A-2
LIBERTY DEVELOPMENT
PERMANENT SEWER EASEMENT
SHEET
1
OF
NO
1
Project:
Parcel No:
Date:
Revised:
11873
512103150001
November 17, 2005
February 9, 2006
EXHIBIT B-1
PARCEL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
That portion of the Southeast 14 of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada
County, Idaho, as shown on the attached exhibit, and more particularly described as follows:
Commencing at the Center 14 of Section 10; thence along the Northerly boundary of the Southeast 14 of
said section, South 89"11'03" East, 140.57 feet to the POINT OF BEGINNING;
thence continuing along said boundary, South 89.11'03" East, 51.52 feet;
thence South 13.08'26" East, 27.66 feet;
thence South 00" 48'22" West, 148.21 feet;
thence South 89"11'31" East, 517.85 feet;
thence South 58.22'06" East, 35.16 feet;
thence South 27"32'42" East, 419,85 feet;
thence South 13" 40'04" East, 106.25 feet;
thence South 00.00'15" East, 94.9Z feet;
thence South 88.26'43" East, 26,21 feet;
thence South 01 .33'17" West, 117.73 feet to the Northerly right-of-way, of the Oregon Short Line
Railroad;
thence along said right-of-way, North 88" 27'03" West, 73.03 feet;
thence North 00" 00'15" West, 205.35 feet;
thence North 13" 40'04" West, 94.17 feet;
thence North 27"32'42" West, 399.98 feet;
thence North 58"22'06" West, 7.60 feet;
thence North 89" 11 '31" West, 554.07 feet;
thence North 00.48'22" East, 192.09 feet;
thence North 13.08'26" West, 33.97 feet to the POINT OF BEGINNING.
Containing 1.763 acres, more or less.
Exhibit B-1
Liberty Development - Temporary
November 17, 2005
Revised: February 9, 2006
Page 2
TOGETHER WITH:
That portion of the Southeast 1;4 of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada
County, Idaho, as shown on the attached exhibit, and more particularly described as follows:
Commencing at the Center 14 corner of Section 10; thence along the Westerly boundary of the
Southeast 14 of said section, South 00.32'30" West, 865.57 feet to the Northerly right-of-way, of the Oregon
Short Line Railroad; thence along said right-at-way, South 88 ° 27'03" East, 1,014.84 feet to the POINT OF
BEGINNING;
thence North 01 ° 33'17" East, 147.73 feet;
thence North 88°26'43" West, 17.02 feet;
thence North 00.00'15" West, 52.29 feet;
thence South 88°27'03" East, 137.37 feet;
thence South 00° 50'38" West, 200.02 teet to the Northerly right-of-way, of the Oregon Short Line
Railroad;
thence along said right-of-way, North 88°27'03" West, 121.41 feet to the POINT OF BEGINNING.
Containing 0.573 acres, more or less.
END OF DESCRIPTION
Prepared by:
j-U-B ENGINEERS, Inc.
Ronald M. Hodge, P.LS.
RMH/TLK:lhc
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