Loading...
Sanitary Sewer Easement with Waite Family Farm, LLC for Bittercreek Lift StationADA COUNTY RECORDER J. DAVID BOISE IDAHO 03/29/07 01:49 PM DEPUTY Neava Haney RECORDED-REQUEST OF Meridian City NAVARRO AMOUNT .00 ~I~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~ ~~~ 107044337 This sheet has been added to document to accommodate recording information SANITARY SEWER EASEMENT MASON CREEK LIFT STATION AND PIPELINES PROJECT WARREN WAITE SANITARY SEWER EASEMENT THIS INDENTURE, effective this 3 /~ day of ~.~w~-ter , 2007, by the undersigned Waite Family Farm LLC, property owners, who maintain a mailing address of 2054 W. Santa Clara Drive, Meridian, Idaho 83642, hereafter referred to as "GRANTORS" for the benefit of the City 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 service said pipeline from time to time by the CITY; NOW, THEREFORE, inconsideration 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 EXHIBIT A) The permanent easement hereby granted is for the purpose of construction and operation of a sanitary sewer line, together with maintenance, repair and replacement at the convenience of the CITY, with the free right of reasonable 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 upon completion of the sanitary sewer line. 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 Grantor shall have the right to use and improve the easement area for uses which do not interfere with the use of the said easement or the purposes stated herein. Such uses shall include, but not be limited to landscaping, a tree selection that is coordinated with the CITY, ingress, egress, driveways, roads, parking, temporary storage, farming, pathways and utility extensions. THE GRANTOR(S) do hereby covenant and agree that they will not place or allow to be placed any permanent structures within the area described for this easement that would interfere with the use of said easement, .for the SANITARY SEWER EASEMENT, Page 1 of 3 • purposes stated herein. 2. 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. 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. Waite Family Farms LLC By: Warren A. Waite By: ~ , ~ ~ Warren A. Waite SANITARY SEWER EASEMENT, Page 2 of 3 STATE OF IDAHO) ss County of Ada ) On this 3 7 S~day of _ , 2007, before me, Larry A. Cadwell, personally appeared Warren A. Waite, pro ed to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same. * .~~~ ,~ pie L1c ~- ~o••,: ~'~ OR 10 ~.• Beneficiary: CITY OF MERIDIAN ~,,,,; ~,~t~ \,~ ,~ ~ BY: ~~ ~~~u ~~ o ~~' / Tammy d rd, Mayor = ~ ATTEST: ~~~--~'/y = ~a~ _ William Berg, Jr., City CI '% 7Q r t~~ ,`~•~ ~~~ ~~ Date approved by Council: +' la~c~ ~~, ~~ i ,/ ~~~"`~+~~~~ a~+"""~``y\~• STATE OF IDAHO, ) ss. County of Ada ) On this `2-~~'~day of rl~'l ~- ~ ~ ~ ~ , 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and William G. Berg, Jr., known to me to be the Mayor and City Clerk, respectively, 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, 1 have hereunto set my hand and affixed my official seal the da~~ap~~ear first above written. (SEAL) ~~ • a f , . , r ~ • NOTARY P LIC FOR IDAHO My Commission Expires on / ~ ~,~d /~0 0 7 NOTARY PUBLIC FOR IDAHO RESIDING AT: ~ti~~~ l G~~_ ,~~~' MY COMMISSION EXPIRES: ~o -~s~ =t~ ~} ~'1 G ~ ~ 1 eve (~l~ti~L ~ -~ L - SANITARY SEWER EAS~IAENT, Page 3 of 3 •~- ,~ Waite Family Farm Parcel Waterline Easement .Legal Description December 29, 2006 Exhibit "A" ~~ A parcel of~}and situated. in the Southwest ! of the Souhwest'/n of Section 26, Township 3 North, Range 1 West, Boise Meridian, -Ada County,: Idaho, and more particu}arly descn~bed as follows: Commencing at a brass cap monumenting the southwest confer of said Section 26, from which a brass cap monumenting the % corner common to said Section 26 and Section 27 bears North 0°32'45" East (also shown of record as North 0°06'22" East) 2658.35 feet. Thee abng the westerly line of said' Section 26, North 0°32'45" East 822. I6 feet; thence leaving said westerly line, South 89°27'} 5" .East 34.00 .feet to the. easterly right-of-way of Ten 1Vlile Road and the POINT OF BEGINNiNCr; thence along said-easterly right~f-way North 0°32'45" East 56.34 feet; thence South 55°04`06" East (atso shown of record as South:55°26'29"~ 40.38 feed thence South 45°22'24" West 47.24 feet to the POINT OF BEGINNING, comprising 938 square feet, more or less. Prepared by CH2M HILL, Inc. T4~ "\0 ~~z'~.9~d`1 Steven C. Wellington, P.L.S PAtiE i DF t WARE FAIkLY FARIA EASEF~fJr t.[IOC Meridian City Council March13, 2007 Page 4 of 49 P. Approve Permanent and Temporary Easement Contract for Trov A. and Dana J. Manning for Bitter Creek Lift Station and Pipelines: Q. Approve Permanent and Temporary Easement Contract for Wirt Edmonds for Bitter Creek Lift Station and Pipelines: R. Approve Permanent and Temporary Easement Contract for Warren Waite for Bitter Creek Lift Station and Pipelines: S. Approve Permanent and Temporary Easement Contract for Frank A. and Erma E. Smartt Trust for Bitter Creek Lift Station and Pipelines: T. Approve Task Order for Miscellaneous Master Plan Support Services with JUB Engineers, Inc. for $7,500.00: U. Award Bid /Approve Contract with Senske Lawn and Tree Care Company for a three year contract with amounts for 2007 of $34,646, for 2008 $35,340 and for 2009 $36,400 for a total of $106,396.00 for Landscape Maintenance Services Borton: Thank you. Item No. 5, Consent Agenda. Bird: Mr. President? Borton: Mr. Bird. Bird: I move we approve the Consent Agenda as published and for the President to sign and the Clerk to attest on all papers. Zaremba: Second. Borton: It's been moved and second to approve the Consent Agenda as published. Mr. Berg, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: Borton: Thank you. There are no departments reports. Item 7: Items Moved from Consent Agenda: