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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 f * r-~~- G 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 ~ v ~ `\ \\\1111111111111//!/ // Tammy de Weer ~ ,Mayor ;~ C~' ~~TF '!' O EAL = ttest aycee L. Holman, City Clerk = '~,` ~° O T'S-t ` .9 `~ '~ Zp '~-,, q ~ ~oP . f~ o~~ jj~~VV77 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: ~ .l'[1B1. • ~~'4 ~'F O t~4~ .• 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 JOINT SCHOOL DISTRICT NO. 2 SW,,, 6 S-28589'2,'„"E o 1 033.50~- No MIp p ° "' I N88'2t'3.50' ~ I ~l ~N- ~ I i I i I ~~16~ I I I ~~~G~ 6~ I I 30' 15' 0 30' 60' SCALE: ,• = so' ~`~` ~6.~~ I f `~ 1 W ,~ MIa I a~ ~`~ ZI AIM S~ I N I rp ` OIp LEGEI~ID ~~ _~ ~ ~ U~ ~~ ~a qj O~ 0 U~ ~~ w ~~ 1 ~` ~~ 5 K ~~ - - - - - EXHIBIT LINE , ql G ~ ~ ~ ~ ~l ~ ' I ~ - _ - - - l BOUNDARY LINE y ~ ~ I - - SECTION LINE O w~ ~ I I /~ ' ` ~ ~15 I ~ LINE NOT TO SCALE ~~ I I ?? FOUND 5/8" IRON ROD I ~ CALCULATED POINT, ~ I N07 SET II N21'47'34"V~ 26.52' x_548'44'19"W ' 13.3t o ~ ti POINT OF ? ~ x ~ BEGINNING ~y G ~ ~ ~~~ ~a\ ~~ t5 ~ A ~ 'a `~ ~ ~, ~ w POINT OF COMMENCEMENT ~ `w , \ ~ 29 CP&F INST. X1663000966 I, 28 S89'17'05"E ~ $ pp 1330.27' 146.00' r _ _ _ _ _ _ _ ~ ~. =- - - --- __._ ~ _... ~_ - . 32 _ 33 E AMITY ROAD ~/ W1/16 pRO,~ECr No. DIAMOND VIEW ASSISTED LIVING a re 4 t0 C08051 EXHIBI'T' "B" c : ~: • ~ ' Sf.~~l:'~' of 1 SEWER EASEMENT DPANtI Br. T er: J.C. cnRPENtER PE ` i''r.3w io~~,u.a iu.r - :' w`"''iry m'~ ~~""rs ~'" /~A COUNTY IDAHO g1ECKkb BY: ~TZ BROriNEII PlS -