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Sanitary Sewer and Water Main Easement Primeland Investment Group, LLC Bridgetower Crossing Sub #15~~i~E IDIAN~-~- Public IDAHO Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Denny Cline DATE: 7/1 S/10 Mayor Tammy de Weerd Oily Ceaedl Mernberf~ Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: Sewer & Water Main Easement for Bridgetower Crossing Subdivision #15 I. RECOMMENDED ACTION A. Move to: 1. Approve a Sewer & Water Main Easement for the City of Meridian, located in Brid;etower Crossing Subdivision #15 by Primeland Investment Group, LLC. This easement provides The City of Meridian access to the sewer and water main being extended to accommodate a revised alignment of the approach from W. McMillan Road. This water and sewer extension will provide service for the new proposed Lots 1 & 2 Block 47 in Bridgetower Crossing Subdivision #15. 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 Steckline 489-0372 489-0362 489-0369 489-0363 Page 1 of I ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 f BOISE IDAHO 07!28!10 02:29 PM RECORDED nREQUEST OF II I I I II I II II I II I II I II I I III I I I I'III III Meridian City i i~+~~~tf~~# SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this °~t~ day of Tug , 2010 between Primeland Investment Group, LLC, 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.s&w main.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. GRANTOR: ~y~ President Secretary STATE OF IDAHO ss County of Ada ) On this ~~ day of ~~ , 2010, before me, the undersigned, a Notary Public in and for said State, personably appeared Frank S. Varriale, known or identified to me to be a Partner of Primeland Investment Group, LLC, the limited liability company that executed the within instrument, and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. KIMBERLY WINKLE Notary Public State of Idaho l NOTA Y P IC OR IDAHO Residing at: 0 Commission Expires: 1 l5 Sanitary Sewer and Water Main Easement easmt.s&w main.doc GRANTEE: CITY OF MERIDIAN i~ Tammy de W ,Mayor .:`G~~y ~~ ~®q,L°°°.o~, ~,o rya SEAL Attest b aycee Holman, City Clerk 9 `~ !` ~ O '~O c''!'~T t 't ~ \.~ Approved By City Council On: O ',~~~ i~rrrno~N~~~~~~~~. STATE OF IDAHO, ) . ss. County of Ada ) On this ~~ day of 20 / Q before me, the undersigned, a Notary Public in and for said State, personally ap ed TAMMY DE WEERD and JAYCEE 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. ~~.••'~ ~lA EQ~4,,~ ~NtN~p~q~f \~`~~~1! ~3Ei.L~~~6~~ ~^„ ~I, ~'~~~,~ ' 'p~N% NOTARY PUBLIC FOR IDAHO ~'~ Residing at: p ~~" t Commission Expires: off! :9+~F~'`••.,.+•!~O ,o'er, . Sanitary Sewer and Water Main Easement easmt.s&w main.doc ~~ Quadrant July 8, 2010 Consulting, Inc. EXHIBIT "A" SEWER AND WATER EASEMENT NO. 1 An easement for the construction and maintenance of a sewer and water main located in a portion of Lot 45, Block 32 of Bridgetower Crossing Subdivision No. 12 as recorded in Book 96 of Plats at pages 11834 thru 11836, records of Ada County, Idaho, situated in the Northeast 1/4 of Section 35, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Section corner common to Sections 25, 26, 35 and 36 of said Township and Range; thence South 0° 14' 43" West 167.74 feet along the East line of said Northeast 1/4, thence leaving said East line North 89° 45' 17" West 351.12 feet to the POINT OF BEGINNING; thence South 68° 10' S5" East 24.00 feet; thence South 45° 52' 08" West 32.85 feet; thence North 68° 10' S5" West 23.38 feet; thence 17.91 feet along a curve to the right said curve having a radius of 88.00 feet, a delta angle of 11° 39' 43" and a long chord bearing North 42° 14' 40" East for a distance of 17.88 feet; thence North 48° 04' 32" East 14.77 feet to the POINT OF BEGINNING; Said easement contains 730 square feet more or less. 1904 W. Overland Boise, ID 83705 Phone (208) 342-0091 Fax (208) 342-0092 www.quadrant.cc Civil Engineering Surveying ~ or N rc°-> ,8L't~~9Z M„~~,t~ I.OS --kr r7 o p ~ ~ ~ ~~ ------- bL'L9l --------- ,ti0'L9bZ ,n ~~ a ~~ ~ cv I ~.,~ ~ oR ~6~ ~w ~ cge~~ I I Q~02I 2I~QI~iI'I 'l~I ~ Q ~ ~'~' p~~'.~, v ~ N ~~ acv I - - - ~o e ~ <v ~' v ~ I p ~ ~ g~~,~g~ ~ ~ Q °' I z z Q~C.° ~o I w m I o~ d 0 oz I ~' r ~~ i x I ~ z z 0'1 I o I o I ~ m '~'-' w w ~ z cn I a o z-~Q m I U I ~Jp~H z ~'' O ~n m~QUJ ~ I ~Z ~"~ p pOOw~' O ~ w Z (n Jd!(n~ J _ z O I ~ oo ~ w ~ I o ~o I w> r r N J I I I z~ F C7 - ~ ~ ~ I a 14 p p ~ M O ~ v=i o ~n I °° I °° cn O O o0 "' I I I I W° o NIA pU m Z C I O ~ a ccOV l I uwi z I I I I m W Z Z a ~I OO I I mo[ F °I ~U I I W3 ~o ~I ~ I ° ~~_ ~I I z - zl I Q o~ I ~ ~~ °w Z~ ww I ~ ~o I Zm I w o I lI~M dAO2I~l~il~Idd " o - `030 I boo 0 I '1~I Q~SOdO2id ~ ~ t° ~ ~ ~ ~ ao I o ? N ~'' ,r, 00 0 ~ I F-Z ` ~-M U I Z `~ \ J I a m ',~~ C7 w ~ I ~ m O Q o°'o I Y p ~ U r I I vo ' l O N ~' o I J ~ ~J 3 co c=.~ z N I m W' • M mo I 0 M~ oar m a ~ p I ~~ r Q ~ w z w o ao i-- w r~ ~ ~'3 I ao ~ w p o o ~ I z Z ~ r- ~ o- II c) C~ U ~ p Z_ p ~ ~ Q a0 (n N ~ ~r O '~ cD ~ I U p ~ N rrJ ~ Z C 7 ~ I w z r ~ O J ON w> w ~ z----~~ U ~ > _p 0] ~ (~ ~ O U ~ m N Parcel Map Chec~ Report Date: 6-24-2008 Parcel Name: ySewer & Water Easement No. 1 North: 722864.47' Segment#1 : Line Course: S68°10'54.9"E North: 722855.55' Segment#2 : Line Course: S45°52'07.9"W North: 722832.67' Segment#3 : Line Course: N68°10'54.9"W North: 722841.36' Segment#4 : Curve Length: 17.91' Delta: 11°39'43.0" Chord: 17.88' Course In: S53°35'10.4"E RP North: 722789.13' End North: 722854.6' Segment#5 : Line Course: N48°04'31.9"E North: 722864.47' Perimeter: 112.91' Error Closure: 0.01 Error North :0.001 East: 2449067.72' Length: 24' East: 2449090' Length: 32.85' East: 2449066.43' Length: 23.38' East: 2449044.72' Radius: 88' Tangent: 8.99' Course: N42° 14'40.3"E Course Out: N41°55'27.8"W East: 2449115.54' East: 2449056.74' Length: 14.77' East: 2449067.73' Area: 729.51 Sq.Ft. Course: N82°09'29.2"E East: 0.008 Precision 1:11290.9