Sanitary Sewer Main Easement with Joint School District No. 2 for Diamond View Assisted Living~~i~E IDIAN~--
Public ~ D A H O
Works Department
TO: Mayor Tammy de Weerd
Members of the City Council
FROM: Denny Cline
DATE: 4/22/10
SUBJECT: Sanitary Sewer Main Easement -Diamond View Assisted Living
RECOMMENDED ACTION
A. Move to:
Mayor Tammy de Weerd
City Cewncil Membert~
Keith Bird
Brad Hoaglun
Charles Rountree
David Zaremba
1. Approve a Sewer Main Easement for the City of Meridian, located in the
parceliust east of the Diamond View Assisted Living_parcel, by Joint School
District No.2. This easement provides The City of Meridian access to a new
sewer main being installed on the West side of the parcel, owned by Joint
School District No.2. This sewer main will be connected to proposed facilities
from the north and extended to Diamond View Assisted Living property, to
provide service for their facilities.
2. Authorize the Mayor to sign the easement and the City Clerk to attest it.
II. DEPARTMENT CONTACT PERSONS
Tom Barry, Director of Public Works
Bruce Freckleton, Development Services Manager
Scott Steckline, Land Development Supervisor
Denny Cline, Development Analyst II
Supervisor Approval ....
Scott Steck ine
489-0372
489-0362
489-0369
489-0363
Page 1 of 1
REQ..
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 f
BOISE IDAHO 05110110 10:59 AM
DEPUTY Randy Jennings II I I I II I II II I II I I II I II II I II I II II I I III
RECORDED-REQUEST OF
Meridian City 11 ~042~~9
SANITARY SEWER MAIN EASEMENT
THIS INDENT/U ,made this / `~ ~f day of ~~r~, , 20t(~between
. . ~ ~ ieS of the first art and hereinafter called the
Ja NY c~ilc~ ~..~-~ ~/1,~~ , the cart r ,
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 main 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, service and subsequently connect to said
pipeline 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 a sanitary
sewer main at the convenience of the Grantee over and across the following described
property:
(SEE ATTACHED EXHIBIT A and B)
The easement hereby granted is for the purpose of construction and operation of a sanitary
sewer main and its allied facilities, together with maintenance, repair, replacement and
subsequent connection thereto of sanitary sewer mains 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 performing other maintenance or making subsequent connection to
the sanitary sewer main, 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.
City of Meridian, Idaho
Sewer Main Easement EASMT.SEW 1-29-09 1-
29-09.doc
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.
GRAN Joiv1~ S~I~ool DiS-~iLt No. a
r. l..iv~c~ Claarl2~ Su,pev~lvt.-I-e-~tdcwE
STATE OF IDAHO )
ss
County of Ada )
On this I ~}~ day of ~Y7Y'i I , 20 I D ,before me, the undersigned, a Notary
Public in and for said State, personally appeared DY• Lly-da Clav~ I,e..
_ ~'yk~nown or identified to me to be the
v- ti ~-P~IrtCIGk;E. 6b 5c.~iool~ 6~Jf. ~v~o~: Di ~. ~(Jd, ~° executed the within instrument, and
acknowledged to me that SCU;d, G~`S~Pict executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
fist above written.
~~~~~n~ur~i~~
?,yam ~ ~oT~~, 9~2
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City'~f ~lparT it1~o ~ ~
Sewer' ~~P~+~~•~
NOTARY PUBLIC FOR IDAHO
Residing at: i~.Plu G~,t,`GvLt ~ ~~d~tc,LW
Commission Expires: 3 -~7 - a015
EASMT.SEW 1-29-09 1-
GRANTEE: CITY OF MERIDIAN
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Tammy de Weer ~ ,Mayor ;~ C~' ~~TF '!'
O
EAL =
ttest aycee L. Holman, City Clerk = '~,` ~°
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Approved By City Council On: ~A\~ ~`('''<<e~1Y~" ~~`,\\
STATE OF IDAHO )
ss
County of Ada )
On this ~ ~ day of , 201 CJ ,before me, the undersigned, a Notary Public in
and for said State, personally appeared TAMMY DE WEERD and JAYCEE L. HOLMAN, 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, I have hereunto set my hand and affixed my official seal the day and year
first above written.
~......
• ?, J
• ~ •
:'~;~ '~ N A Y PUBLI R AHO
~(S~AL) ,' ~ Residing at: ~
• ~` G ~p; Commission Expires: ~
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• ~~'4 ~'F O t~4~
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City of Meridian, Idaho
Sewer Main Easement EASMT.SEW 1-29-09 1-
29-09.doc
This easement is situated in a portion. of the SE1/4 of the SW 114 of Section 28, Township 3
North, Range 1 East. of the Boise Meridian, Aida County, Idaho and is more particularly
described as follows:
COMMENCING at a 518-inch. iron pin marking the southwest corner of said SW114 of the
SW114, said point referenced in C.P.&F. Instrument No. 1663000966, on file in the Qffice of the
Recorder, Ada County; thence along the south boundary of said S W 1. J4 of the 5W 1:14,
A} 5.89°17'05"E., 1330.27 feet to the southwest corner of said SE1t4 of the SW 1.14; thence
along the south boundary of said SE 114 of the S W l /4,
1} 5.84°17''05"E., 146,00 feet to a paint on the easterly boundary of a parcel
described in Instrument No. 10$038540, on fzle in the Office of the Recorder, Ada
County; thence along said easterly boundary,.
2) N.21°47'34"W., 322.22 feet to the p(7IN'T OF BEGINNING; thence,
B} N,21'°47`34"'W., 26.52 feet; thence leaving said easterly boundary and parallel with the
west boundary of said 5E1l4 of the 5Wi14,
1 } N.00°32`14"E., 970..74 feet; thence,
2} N.89°21 "14"W.,13.50 feet to a point on the west boundary of said SE 1l4 of the
NVV 114; thence along said west boundary,
3'} N.00°32' 14"E., 30.00 feet to the northwest corner of said. SE 114 of the NW 114;.
thence along the north boundary of said SE1I4 of'the NW 114,
4} 5.89°21"1 l"E., 33.50 feet; thence leaving said north boundary and parallel with
the west boundary of said SE1/4 ofthe NW114,
s} 5.00°32'14"W., 1016.36 feet; thence,
L:1I'roject Fles~G0805I1Survey\Descriptions\Exhibit A Gravity Sewer Esrnt. for school.doc
~~rav~ty Sewer Easemetat far Juiht Sehocrl Dist~iet No.2)
'.
Project: GO$051
.Date. March 2, 2010
Page: 2 of
6) 5.48°44' 14"W., 13.31 feet to the PtJTNT OF BEGINNING.
CONTAINING 20,741. square feet, more ar less.
L.iProject Files~C08051\Surveyll~escriptionslExhibt A Gravity Sewer Esrnt. for schaal.doc
EXHIBIT "B" FOR
GRAVITY SEWER EASEMENT FOR
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