Loading...
Sanitary Sewer and Water Main Easement with James A. Kissler, LLC Relinquishmnet for SEC Marketplace No. 1Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File City of Meridian Public Works Dept. RECEIVED Date: 5/30/2008 Re: Proposed Agenda Items for 6/3/08 City Council Meeting City of Meridian City Clerk Office The Public Works Department respectfully requests that the following items be placed on the 6/3/08 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Sewer Easement for Jayker's Subdivision by Treehaven LLC . Cuff -site sewer easement. Recommended Council Action: Approve the Sewer Easement for Jayker's Subdivision by Treehaven LLC and authorize the Mayor to sign and City Clerk to attest. 2) Request for Easement for SEC Marketplace #1 by Public Works. Previously recorded easement has been revised and recorded again. Due to overlapping easement recordings, we request that this version (#108022881) be relinquished. Recommended Council Action: Approve the Request for Easement Relinquishment SEC Marketplace #1 for project2 and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 C EIDIAN;:.-- 6/3/2008 Re: Easement Relinquishment, Southeast Corner Marketplace Subdivision No.l To Whom It May Concern: The City of Meridian does not have any objections to the following proposed relinquishment of the utility easements located within the above subdivision. Feel free to contact me if you have further questions. Thank you Ir 7:5�,T7t��� /� SCOTT STECKLINE Development Services Coordinator Meridian Public Works Department 660 E. Watertower Lane, Suite 200 Meridian, Idaho 83642 Ph: (208) 898-5500 Fax: (208) 898-9551 Mayor Tammy de Weerd City Council Members: Keith Bird Joe Borton Charles Rountree David Zaremba ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 8 BOISE IDAHO 02/20/08 01:34 PM DEPUTY Pato Thompson UI Ilfitftllllllilltlili�tltfl I!I III RECORDED -REQUEST OF 10$022$81 City of Meridian SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this jCL day A�.20i�LbetweenJ&MCS A 9 i6gLtr1 `'`the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines 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 sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains 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. Sanitary Sewer and Water Main Easement EASMT SW MAIN 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 hereby covenant and agree with the Grantee that should 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 which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further 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. GRANTOR: J74w, LC.0 President STATE OF IDAHO ) ) ss County of Ada ) On this day of 20 oa , before me, the undersigned, a Notary Public in and for said State, ersonaI6 appeared cA-, 4L. ,-a known or ident9iied to me to be the President -tom- �•..-.*.�_ , of the eer�`e that executed the within instrument, and Lt - acknowledged to me that such cerraretien executed the same. I have hereunto set my hand and affixed my official seal the day kNOTRYPUBLIC FOR IDAHO Commission Expires: 2 1 i x h k Sanitary Sewer and Water Main Easement EASMT SW MAIN CITY OF MERIDIAN Tammy de Weerd a or / Jaycee Holman, ity Clerk cbmri . Approved by Council on: STATE OF IDAHO., ) ss. County of Ada, ) On thisday of ACIP ,200 before me, the undersigned, a Notary Public in and for the State of Idaho, p sonally appeared Tammy de Weerd and Jacyee Holman, known to me to be the Mayor and City Clerk of the City of Meridian, Idaho and who subscribed their names to 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. SEAL0••"•0•� Q *��� 4otary Publifor Idaho Residing at: Ids l �! ro_ My Commission Expires: d-1 j NZ �IG,�•: page d--- FOX Land Surveys, Inc. 1515 South Shoshone St. o Boise, Idaho A 83705 a 208-342-7957 a 208-342-7437 FAX DESCRIPTION FOR A SANITARY SEWER AND WATER MAIN EASEMENT (PHASE 1) A PORTION OF THE NORTHWEST % OF SECTION 4, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO A Portion of the Northwest % of Section 4, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho more particularly described as follows; COMMENCING at a found Brass Cap Monument marking the Northwest comer of Section 4, from which a found Brass Cap Monument marking the North % Comer thereof bears South 89°49'08" East, a distance of 2,659.38 feet; 1. thence along the Westerly boundary of Section 4, South 00036'13" West, a distance of 1116.00 feet to a point; 2. thence South 89"51'00" East, a distance of 283.53 feet to the TRUE POINT OF BEGINNING; 3. thence continuing South 89'51'00" East, a distance of 8.51 feet to an angle point; 4. thence North 00009'00" East, a distance of 34.50 feet to an angle point; 5. thence South 89'51'00" East, a distance of 22.98 feet to an angle point; 6. thence South 00057'07' West, a distance of 250.27 feet to an angle point; 7. thence South 44°51'00' East, a distance of 26.81 feet to an angle point; 8. thence South 89051'00" East, a distance of 153.16 feet to an angle point; 9. thence North 00"09'00" East, a distance of 20.21 feet to an angle point; 10. thence South 89051'00' East, a distance of 20.00 feet to an angle point; 11. thence South 00009'00' West, a distance of 20.21 feet to an angle point;. 12. thence South 89051'00° East, a distance of 170.98 feet to an angle point; w 13. thence North 45"35'16" East, a distance of 149.42 feet to an angle point; 14. thence North 00035'16" East, a distance of 153.58 feet to an angle point; 15. thence North 89051'00" West, a distance of 43.30 feet to an angle point; 16. thence South 00009'00" West, a distance of 5.49 feet to an angle point; 17. thence North 89051'00" West, a distance of 13.50 feet to an angle point; 18. thence North 00009'00" East, a distance of 25.49 feet to an angle point; 19. thence South 89051'00" East, a distance of 57.28 feet to an angle point; 20. thence North 01 048'53" East, a distance of 21.75 feet to an angle point; 21. thence North 11 "53'29" East, a distance of 31.69 feet to an angle point; 22. thence South 89"51'00" East, a distance of 42.24 feet to an angle point; 23. thence South 00"35'00" West, a distance of 3.89 feet to an angle point; 24. thence North 89024'44" West, a distance of 22.55 feet to an angle point; 25. thence South 11 053'29" West, a distance of 30.29 feet to an angle point; 26. thence South 01'48'53" West, a distance of 35.02 feet to an angle point; 27. thence South 00035'16" West, a distance of 95.20 feet to an angle point; 28. thence South 8902444" East, a distance of 10.17 feet to an angle point; 29. thence South 00035'16" West, a distance of 20.00 feet to an angle point; 30. thence North 89024'44' West, a distance of 10.17 feet to an angle point; 31. thence South 00035'16" West, a distance of 51.22 feet to an angle point; 32. thence South 45035'16" West,. a distance of 165.90 feet to an angle point; 33. thence North 89051'00" West, a distance of 360.62 feet to an angle point; 34. thence North 44"51'00" West, a distance of 34.96 feet to an angle point; 35. thence North 89051'00" West, a distance of 22.67 feet to an angle point; Page-5---OLIL- 36. thence North 00009'00" East, a distance of 22.09 feet to an angle point; 37. thence South 89051'00" East, a distance of 16.83 feet to an angle point; 38. thence North 00057'07" East, a distance of 136.68 feet to an angle point; 39. thence North 89002'53" West, a distance of 11.00 feet to an angle point; 40. thence North 00057'07" East, a distance of 71.08 feet to the TRUE POINT OF BEGINNING. Containing 23,787 square feet (0.546 acres) more or less. Subject to existing easements and rights-of-way as any may exist, of record or not of record. TOGETHER WITH: A Portion of the Northwest % of Section 4, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho more particularly described as follows; COMMENCING at a found Brass Cap Monument marking the Northwest comer of Section 4, from which a found Brass Cap Monument marking the North % Comer thereof bears South 8949'08" East; a distance of 2,659.38 feet; 41. thence along the Westerly boundary of Section 4, South 00036'13" West, a distance of 1116.00 feet to a point; 42. thence South 89°51'00" East, a distance of 127.18 feet to the TRUE POINT OF BEGINNING; 43. thence continuing South 89051'00" East, a distance of 20.00 feet to an angle point; 44. thence South 00009'00" West, a distance of 31.50 feet to an angle point; 45. thence South 4509'00" West, a distance of 34.14 feet to an angle point; 46. thence South 00°09'00" West, a distance of 14.61 feet to an angle point; 47. thence South 89'51 `00" East, a distance of 11.25 feet to an angle point; 48. thence South 00°00'00" West, a distance of 28.98 feet to an angle point; Page -....o 49. thence North 89°51'00" West, a distance of 11.32 feet to an angle point; 50. thence South 00009'00" West, a distance of 127.55 feet to an angle point; 51. thence South 45009'00" West, a distance of 27.86 feet to an angle point; 52. thence North 89051'00" West, a distance of 35.29 feet to an angle point; 53. thence North 00036'13" East, a distance of 20.00 feet to an angle point; 54. thence South 89°51'00" East, a distance of 26.84 feet to an angle point; 55. thence North 45009'00" East, a distance of 11.29 feet to an angle point; 56. thence North 00009'00" East, a distance of 171.14 feet to an angle point; 57. thence North 45"09'00" East, a distance of 34.14 feet to an angle point; 58. thence North 00009'00" East, a distance of 23.22 feet to the TRUE POINT OF BEGINNING. • . Containing 5,992 square feet (0.137 acres) more or less. The total easement area of the two portions is 29,779 square feet (0.683 acres) more or less. Subject to existing easements and rights-of-way as any may exist, of record or not of record. Todd Waite, PLS 4999 END OF TJFtaj W,TROJWMk2007W7-033.PRJ%PROJECrDESCR MNSl733SSK20DESGPHt.DOC ,�," 2 aZQ ry ' at < F F~ W 3� C g ffi yl `R = N Tye' H Q a �W ,i� s �V �g i . QF> wuI 5 m a� a $ 2S 3 + 1Y Q � y� wo Iv g `mW yQ 1519, zC&Z i<e�jzmo `1` a 024 4 s spe�� mgy�S°-'M •[ .is e e .. s bsip6p38� R. -Matz $ zewmezzzzez 2 aeUVMn r 1. ; C. _4W 7 O II I $� i iR Z' i. i Ie� ''�Sty���, Z I� I I ;�wl � f _OQ t 1 l 1 �YII� /� w W Wr W 3.s;W �,y I S I I � ■ 3 �rO � Yyp` I I 7G 009 r 3 zx + I �z zwzweazzzz i�;l Iz z La Is .....J—JJ--3 I g I � it films �1-gaW i d I Z m #Lr '� 4 Dob' a�R7dFsH�7i (.1108 Nim• I`mm� U81:11 I 1 No�3h7S9�"338 I 4�' l a 4 m �1 K ; H of t36' i3 el i (lmluo u I N�Oa09 � — I t ' I I w1 r �� a0 W I C©] .Ia1a9.0DM i ,y�•�,_( 1 J - .l ___ ____ it•ttt 0 (WNMY aM►��.�oiw4 -� ---'- - -= 1-_= � - ---�3 �0l00DN - - O (Ma111yyap 3i1iaDM 11'68 3 s£tfIC�00 N �'•al ;I a Uto w Iwltwlo,roM Meatus 3 1�im1uKlsxt,aaf 1i'►11 M.6186A8s Min