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Sanitary Sewer Easement with CRS 8, LLC for Paramount South Sewer Extension Linder Self Storager.,~;i~E IDIAN~- Public ~ DA H O Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Denny Cline DATE: &/17/10 SUBJECT: Sewer Main Easement -- Paramount South Sewer Extension for Linder Self Storage I. RECOMMENDED ACTION ,,....~ A. Move to: Mayor Tammy de Weerd Ctly Cer~ndl Me~lberte Keith Bird Brad Hoaglun Charles Rountree David Zaremba 1. Approve a Sewer Main Easement for the City of Meridian located off site of the Linder Self Storage parcel at 5120 N Linder Road by CRS 8 LLC This easement provides The City of Meridian access to new sewer main being installed, to provide service for the new proposed Linder Self Storage. This new main will connect to an existing main in a parcel north and east of the Linder Self Storage parcel. 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 teckline 489-0372 489-0362 489-0369 489-0363 PageYofl w ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 7 BOISE IDAHO 08/26/10 10:~ AM DEPUTY Asa Batl ~~ ~ ~ ~ ~~ ~ ~~ ~~ ~ ~~ ~~~~~ ~ ~~~~ ~ ~~ ~~ ~ ~~~ ~~~ RECORDED-REQUEST OF 11~~~~371r~ Meridian City SANITARY SEWER EASEMENT r~ THIS INDENTURE, made this ~ day of ~~ , 20~YQbetween C ~~ ~ ~ C ~..~. ,the parties of the first part, and hereinafter called th 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 sewerright-of--way across the premises and property hereinafter particulazly 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 tune 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 sewer line 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 line 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 azea described in this easement that was placed there in violation of this easement. 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 azea described for this easement, which would interfere with the use of said easement, for the purposes stated herein. Sewer Main Easement EASMT SWR.doc 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 Canvey 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: CRS' 8 LLC, an Idaho limited liability company By: Brigh n Investments,,LLC, Member By: .avid Vt~. Turnbull, Mana mg Member Address: 12601 W. Explorer Drive, Suite 200 Boise,_Idaho 83713 STATE. OF IDAHO ) } ss Countyof'Ada ) On this ~~'~G.. dayof , 20,~, before me, the undersigned, a Notary Public in and for said State, ers ally appeared David W. Turnbull, known ar identified to me to be the Managing Member of Brighton Investments, LLC, a Member of CRS 8 LLC, an Idaho limited liability Company, and acknowledged to me that he executed the same in such .limited liability Company's name on behalf an such limited liability company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fistxabove written. ~~ ~• a (SEAL) `, NOTARY P I{C FOR IDAHO Residing at; ~~ ~D Commission Expires: ~ ~~, tl Sewer Main Easement EASMT SWR.doc GRANTEE: CITY OF MERIDIAN T y de eerd, Mayo ~ sa,.~`•~~-t QF ~~d~'9Z,''~,, a'' ;~" ~. i ~ -_ _? AA ~~dTi~ Attest by Jay .Holman, City Clerk ~' Approved By City Council STATE OF IDAHO County of Ada ss 9~ o '~~' O ,,~ ~QP ~a On this ~~ day of ~S-}- , 20 t O ,before me, the undersigned, a Notary Public in and for said State, personally appeazed 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 yeaz first above written. .•~•••. .• 51CA JO•.• ~~ ~ ~'~`~N' N ARY PUBLI OR ID . ~ ~ . (S~AI~) ~ Residing at: ahy~ , ICS ~,~ o ; Commission Expires: Jars 4 ~..~yl~, •'9'~'----~' ~ ••~' OF I~Q'i•• ••....•• Sewer Main Easement EASMT SWR.doc E .worth ~kt6~r ~ LLC 10221 W. Emerald St., Suite 140 ~"`~ Project No. 08-018-02 Date: December 3, 2009 PARAMOUNT SOUTH -SEWER EXTENSION EASEMENT DESCRIPTION An easement Located in the SW 1/4 of the SW 1/4 of Section 25, T. 4 N., R. 1 W., B.M., Meridian, Ada County, Ydaho, more particularly described as follows: Commencing at the section comer common to Sections 25, 26, 35 and 36 of said T. 4 N., R. 1 W.; Thence North 00°25' 11"East, 2637.72 feet on the section line common to said Sections 25 and 26 to the 1/4 section corner common to said Sections 25 and 26; Thence reversing direction, South 00°25'11" West, 1318.83 feet on the section line common to said Sections 25 and 26 to the South 1/16 th section corner common to said Sections 25 and 26; Thence leaving said section line, South 89°25'33" East, 916.14 feet on the east-west 1/16 th section line,of the SW 1/4 of said Section 25 to the REAL POINT OF BEGINNING of ,,rr, this easement; Thence South 00°34'27" West, 115.00 feet; Thence North 89°25'32" West, 30.00 feet; Thence North 00°34'27" East, 115.00 feet to a point on the east-west 1/16th section line of the SW 1/4 of said Section 25; Thence South 89°25'32" East, 30.00 feet on said 1/16th section line to the real point of beginning. PREPARED BY: Engineering Northwest, LLC ~D ~ ~~~~ ~ rz -o3-2t~9 ~}- O y +r~ o~ Boa J~~ \p WA~-'~ James R, Washburn, PLS Paramount South Sewer Extn. Easo. Desc.doc Boise, Idaho 83704 (208) 376-5000 • Pax (208) 376-SS56 Page 1 of 1 ~ A ~. ~ ~ ~ • i i~~~.a~raU~r ~ao~;1'H ~ ~ ~~ ~~ ~ .. . ~~ ~~ .SEWER . E~TE1vSIllN ~EASEI~IEl~T~ . ~ ~ ~ . . . .. T EXSI~IT SCALE t' = t 00' n~ P. ~ eFa. En ineerin North 10221 W. Emerald St., Suite 140 Project No. 08-018-02 ~~«3r7" 8 west, LLC Boise, Idaho 83704 (208) 376-5000 • Fax (208) 376-5556 Date: December 3, 2009 PARAMOUNT SOUTH -SEWER EXTENSION TEMPORARY EASEMENT DESCRIPTION An easement located in the SW 1/4 of the SW 1/4 of Section 25, T. 4 N., R. 1 W., B.M,, Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the section comer common to Sections 25, 26, 35 and 36 of said T. 4 N., R. 1 W.; Thence North 00°25' I 1"East, 1318.89 feet on the section line common to said Sections 25 and 26 to the South 1/16th section corner common to said Sections 25 and 26; Thence leaving said section line, South 89°25'33" East, 916.14 feet on the east-west 1/16 th section line of the SW I/4 of said Section 25; Thence leaving said 1/16th line, South 00°34'27" West, 115.00 feet to the REAL, POINT' OF BEGINNING of this easement; Thence continuing South 00°34'27" West, 60.00 feet; Thence North 89°25'33" West, 69.62 feet; Thence South 00°26'S8" West, 1SO.S8 feet; Thence North 89°25'33" West, 232.00 feet; Thence North 00°26'58" East, 60.00 feet; Thence South $9°25'33" East, 172.00 feet; Thence North 00°26'5$" East, 122.89 feet; Thence North 45°26'58" East, 39.09 feet; Thence South 89°25'33" East, 102.11 feet to the real point of beginning. ~ PREPARED BY: 1 0 ` + Bering Northwest, LLC ~8 ~ ~t 2-43~ZO~' 9~,,~ ~~ ~~p0~ ames R. Washburn, PLS Paramount South Sewer Extra. Temp, gaze Desc.doc p• w°`SN Page I of I f~G $ P. 1 OFD ,,. S.2fi S.25 1/4 1 /16 t N M <O N W ~~ r S 1~ S.261 S.25 S.35 j S.36 PAR~rov~rr sou~rH sE wE R EXTENSION Z'E~PORARY EASE.IIIENT EXHIBIT-B SCALE 1' = i 00' W 0 W O W u 33"E 916.14' T - s I ~I_ ~ REAL POI~1T r ~. L _._._,_ i t f- - ~ gyp,.-- 0 w ~.~-. w ~ ~ r.+..~W ~- . _ 1 F... f ~..~ , w rZ 0 w ~ ~ I ! ~ I f s:zo:sa P~ Msr ~. 8 MIS OF B ~ GINNING. ~I!^ N ~ oR ~,