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Sanitary Sewer Main Easement with Kings Congregation Church for Sewer Services~~i~E IDIAN~- Public ~ D A H O Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Steve O'Brien ~ ~ - DATE: 3/18/10 Mayor Tammy de Wesrd Cliky Csraeffl Me,niicrfi Keith Bird Brad Moaglun Charles Rountree David Zaremba SUBJECT: Water and Sewer Main Easement for Kings Congregation Church I. RECOMMENDED ACTION A. Move to: 1. Approve a Water and Sewer Main Easement for the Citv of Meridian located on site of the Kin s Congresation Church This easement provides The City of Meridian access to new water and sewer mains being installed and to provide service for the new proposed Kings Congregation Church. 2. Authorize the Mayor to sign the easement. II, DEPARTMENT CONTACT PERSONS Tom Barry, Director of Public Works Bruce Freckleton, Development Services Manager Scott Steckline, Land Development Supervisor Steve O'Brien, Development Analyst Supervisor Approva Scott Steckline 489-0372 489-0362 489-0369 489-0371 Page 1 of Y ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 ! BOISE IDAHO 04/07/10 03:06 PM RECORDEDCREQUESTOF III I~II~II~II~IIIIIIIIIIIIIIIIIIIIIII CHy of Meridian i 100 i ~~4 SANITARY SEWER MAIN EASEMENT THIS INDENTURE, made this ~r _ day of , 20~between :~~~~~~~ ~~~~`~e~w ~~~"a~ d~~,J ~~~~~~ ~~ ,the parties f 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 main right-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, 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 theright-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 azea 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. City of Meridian, Idaho Sewer Main Easement EASMT.SEW 1-29-09 I- 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 boundsry 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 tight to convey said easement, and that they will warrant and foreverdefend 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 shave written. GRANTOR: /`~'j ~- f ~T.- --. STATE OF IDAHO ) ) SS County of Ada ) On this Q day of ~~~`~~'~'7' , 20 ~~ ,before me, the undersigned., a Notary Public in and for said State, personalty appeared ,~C,~.~ it 1~..t„~I,~ and "'C V iLtORlLt5o1~-1 known or identified to me to be the and ,respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affi d my official seal. the day and year fist a ~'~teTT:~-~" .~..e+..~ NOTARY P LIC FOR IDAHO Residing at: 1 ScQ, ~ Commission Expires: ~J ! City of Meridian, Idaho Sewer Main Easement EASMT.SEW 1-29-09 t- 29-()9.doc GRANTEE: CITY OF MERIDIAN .~ ,~`~ Ue '9if, '% Tammy de We ayor ~ 3 ~ ~~;~L _ ~ ~~ q Att st by ee L. Holman, City Clerk % '9p SST ts~ • ~ •Z~ ~~`~ Approved By City Council On: ~, .O~ ~ , ~~! STATE OF IDAHO County of Ada ss On this _~ day of , 201(,, before me, the undersigned, a Notary Public in and for said State, personally appe ed 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. ~- ~$~ •~~ ~ Ftl®~', 4 may,: iM ~A ~,~ ~F ~~`~~ City of Meridian, Idaho Sewer Main Easement EASMT.SEW 1-29-09 1- 29-09.doc +'~ %/ ~~ ,~•... :~;:. -~- _ - 7'lYIE LAND GROUP, INC. Project No. 109008 LegaLDescription ' KING'S CONGREATION CHURCH Sanitary Sewer Easement 1,188 square feet ' EXHIBIT A February 1, 2010 Page 1 of 1 A twenty foot wide {20.00') easement for access, construction, and maintenance of sanitary sewer facilities. sit'uated' iri the Northwest 0lie Quarter of the Northeast One Quarter of Section 30, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commencing at a 5/8-inch steel pin monumenting the Northeast Corner of the Northwest One Quarter of the Northeast One Quarter of said Section 30, from which a 5/8-inch steel pin monumenting the Northwest Corner of the Northwest One Quarter of the Northeast One Quarter of said Section 30 bears South 89°42'13" West a distance of 1,319.99 feet; Thence following the easterly line of said Northwest One Quarter of the Northeast One Quarter, South 00°03'11" West a distance of 200.15 feet to the POINT OF BEGINNING; Thence continuing South 00°03'11" West a distance of 20.00 feet to a point: Thence leaving said easterly line, North 89°52'59" West a distance of 59.39 feet to a paint; Thence North 00°00'00" East a distance of 20,00 feet to a point; Thence South 89°52'59" East a distance of 59.41 feet to the POINT OF BEGINNING. 7heobove-described tract of land contains 1,188 square feet, or 0.03 acres, more or less, subject to any existing easements orrights-of=way. Attached hereto is Exhibit "B"and by this reference is made a part hereof. Prepared By: THE LAND GROUP, INC. 462 E. SHORELINE DRIVE EAGLE, IDAHO 83616 208-939-4041 208-939-4445 {FAX) Lanrr'rcr~e Anbileuxn •Sih Plmuring • Cir,r/~ugi~rurix~q • Golf CoHrre Irrigolian e3'Enginaring • Gropbie Cosn~niuta~ion 261 Canyon C[est Drive,'Iwin rolls, Idaho 83301 P208-733-d04J, F208-733-1045 ~ www thel•~n ~.rnm~'n ~nm G:\2009\109008\Admin\IA~aIs\I,_100201 ss casement Revised 109008.doc Situated in a portion of the NW 1!4 of the NE 1/4 • ~ of .Section 30, Township 3 North, Range 1 East, B.M., City of Meridian, Ada County, Idaho 2010 E. VICTORY ROAD ,~.. N89'42'13"E 13,9.99' . • FOUND 5/8" STEEL PIN ____ W CORNER NWI/4,~ NE 1/4 FOUND 5/8" STEEL PEN SECTION 30 NE CORNER NW i/4, NE F/4 I SECTION 30 I rl 8 ~~ ~! POINT OF 9EGINNING NO'00'00"E SO'03'i 1 "W 58952'59"E 59:47' 20.00' 20.00' ~~- -- - - -- 1,188 SF ~ E. PiENZA ST. N8952'59"W 59.39' o~A~ ~Nd ~ FOUNO 5/8" STEEL PIN '~ ® cALCULAT~D PoINr ¢ 124 9 - - - - - -- - - - - EASEMENT LINE s -- ---- -- --- -- SEGDON UNE '~ r'~TE of APB '4 • EXISTING RIGIiT-OF-WAY LINE ~~ONt.sr~yti~4 Z•~!•10 ~ ENGINEER/SURVEYOR PROJEC7INFORMATION .. Scale: 1" = 60' ~: ~.~ /~.~~ 'll'~ IAND. (3RUtJP, INC. ' ~, ,''.:~,~ .°;:.~.~~ ~ .:: CITY OF MERIDIAN ?_,-'~ ~~'" ~ ~~ ~~°~ ~ ~ .:...SANSEINER ~ASEM~NT ,09ooe a ~ ~+-,p~1_1~r(stv),~„_,,,6 ,. KLNG S CQNGR~GATION EXHIBIT B