Sanitary Sewer Easement with Aschenbrenner, Kenneth and Sharon for North Slough Sewer Trunk
SANITARY SEWER EASEMENT o
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THIS INDENTURE, effective this ~?Q~ day of~//,yy~+Iy~, 200 by the undersigned
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Kenneth and Sharon Aschenbrenner who maintains a mailing addressOf. ss95 S. Ridgewood Road ~ ~m
Nampa , ID g36£t7 ,hereafter referred to as "GRANTOR" forthe benefit of the ~~
City of Meridian, a municipal corporation of the State of Idaho that maintains amailing ='~
address of 33 East Idaho Street, Meridian, Idaho 83642, hereafter referred to as "CITY".
WITNESSETH:
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WHEREAS, the Grantor desires to provide a sanitary sewer right-of-way across the d 4
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premises and property hereinafter particularly bounded and described; and ~~=~ s
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WHEREAS, the sanita sewer is to be rovided for throu h an under round
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pipeline to be constructed by others; and ~o =mo
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WHEREAS, it will be necessary to maintain and service said pipeline from time to
time by the CITY; 4 °° ° ~ ~
NOW, THEREFORE, in consideration of the benefits to be received bythe 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.
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 CITYwill 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 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 thereof 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.
Kenneth Aschenbrenner
rclit/
Sharon Aschenbrenner
STATE OF IDAHO)
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County of Ada )
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On this ~o~'F day of 7,g,,.N .cr , , before me C ~~ ~ f ~?-•~v~-~.. ,
personally appeared _Kenneth and Sharon Aschenbrenner ,proved to me on the
basis of satisfactory evidence to be the persons whose names is subscribed to the
within~jpet~a~nt, and acknowledged that they executed the same.
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:6 f,'; AUgLIG ~.~ NOTARY PUBLIC FOR IDAHO
My Commission Expires on ~ " (~ r
Beneficiary: CITY OF MERIDIAN
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Tammy de W tl, Mayor Y ~~~
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ATTEST: - r ~ ~ .~`~-L
William Berg, Jr., City Cle s
Date approved by Council: Ill l S ~ ~ ~ `~
SANITARY SEWER EASEMENT, Page 2 of 2
LEGAL DESCRIPTION FOR PERMANENT SEWER EASEMENT
PARCEL # 50530336200
OWNED By Kenneth L Aschenbrenner and Sharon Aschenbrenner
This permanent sewer line easement is situated within the SW % of Section 30, Township
4 N, Range 1 E, Boise Meridian, Ada County, State of Idaho. Being an easement 30 feet
in width, 10 feet right and 20 feet left along the following described line with sidelines of
said easement shortened or lengthened to fit the grantor's property lines:
Coininencing at the SW coiner of Section 30; thence along the westerly line of the
SW '/ of said Section 30, N00°24'38"E, a distance of 2640.14 snore or less feet to the W
'/ corner of said Section 30; thence along S00°24'38"W a distance of 69.93 feet to the
POINT OF BEGINNING
Thence S88°35'23"E a distance of 193.15 feet to a point;
Thence S82° 18'04"E a distance of 196.65 feet to a point ;
Thence S72°45'29"E a distance of 120.11 feet to a point;
Thence S69°55' I S"E a distance of 107.89 feet to a point;
Thence S58°12'31"E a distance of 98.51 feet to a point ;
Thence S44°00'38"E a distance of 80.30 feet to a point;
Thence S41 °32' 17"E a distance of 413.79 feet to a point;
Thence N48°27'43"E a distance of 270.00 feet to a point ;
Thence S41 °32' 17"E a distance of 307.75 feet to a point;
Thence S60°41'32"E a distance of 60.46 feet to a point;
Thence S89°31'27"E a distance of 123.49 feet to a point;
Thence S89°32'28"E a distance of 151.77 feet more or less to a point on the easterly line
of said parcel #50530336200, also being the END POINT of this easement description.
The easement described contains 1.46 acres more or less
Basis of Bearing N00°24'38"E from the SW comer of Section 30 to the West'/ corner of
Section 30.
See: Exhibit "A-2"
Exhibit A-1
Date 1/11/2005
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DRAWN BY: _ JH DATE1 ~~^_ »_, 200s_ PR^JECT1
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SECTION 30 T.4N., R.lE., B.M.
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REV. N^. DESC. BY: CK'D:
CITY OF MERIDIAN PUBLIC WORKS
DRAWN BYt_ ~H DATEI ~~^• » 2005 PR^JECTI
cK'D BY. __°K SCALE: N.T.s. NORTH SLOUGH SANITARY SEWER TRUNK
APPR^VED1
LEGAL: A PORTION OF SEC. 30, DWG
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CITY ENGINEER DATE IDAHO. SHEET 1 ^F i
EXHIBIT B-1
Meridian City Council
February 1, 2005
Page 3 of 42
Item 5: Consent Agenda:
A. Approve Minutes of January 11, 2005 City Council Regular
Meeting:
B. Approve Minutes of January 18, 2005 Pre-Council Meeting:
C. Findings of Fact and Conclusions of Law for Approval: RZ 04-
018 Request a Rezone of .74 acres from L-O to C-C zone for Kinetico
Quality Systems of Treasure Valley by Irma Jean Phillips - 544
West Cherry Lane:
D. Findings of Fact and Conclusions of Law for Approval: AZ 04-
031 Annexation and Zoning of 8+ acres from a C-2 zone to a
proposed C-G zone for Meridian Gateway by White-Leasure
Development Company - SWC of South Meridian Road and West
Overland Road:
E. Permanent and Temporary Easement Contract for the North
Slough Sanitary Sewer Proiect:
F. Approve Beer and Liquor Transfer for the 127 Club - 127 East
Idaho:
G. Agreement for Professional Services for BDS Lock Box:
H. Permanent and Temporary Easement Contract for the
Westborough Subdivision:
I. Budget Amendment -North Black Cat Trunk and Lift Station
Proiect:
J. Approve Bills:
De Weerd: Consent Agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move that we approve the Consent Agenda as published and for the Mayor to
sign and the Clerk to attest on all legal papers.
Rountree: Second.
De Weerd: Okay. Motion to approve the Consent Agenda. If there is no further
discussion, Mr. Berg, will you call roll.
Meridian City Council
February 1, 2005
Page 4 of 42
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
De Weerd: Thank you.
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: Before we go any farther, before starting into the regular agenda, we need to -- as
Item No. -- we will exchange -- we will make the Executive Session 20 and No. 19, with
your permission, a letter signatory from the Council and Mayor, is Senator Crapo's
letter. If we could add that.
Rountree: Second agrees.
Bird: I apologize.
De Weerd: Okay. With Council's permission, we will go ahead and add an Item 19 for
the signature of the letter to Senator Crapo and Item 20 would be the Executive
Session. All those in favor say aye. Okay. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 7: (Items Moved from Consent Agenda)
De Weerd: Okay. There were no items moved from Consent Agenda.
De Weerd: Item 8 has been requested to table to February 8th. I would entertain a
motion.
Item 6: Department Reports
A. Legal Department
1. Public Disturbance Ordinance Amendment:
Donnell: Madam Mayor?
De Weerd: Mrs. Donnell.
Donnell: Are you going to skip the Department Reports?
De Weerd: Oh, yes, I am. I thought I would expedite this meeting. Sorry.