323 Easement Agreement Five Mile Creek Parallel Pipe/E.L. Bews
MERIDIAN CITY COUNCIL
AGENDA
MAY 23,2000 @ 7:00 P.M.
CITY COUNCIL CHAMBERS
Roll-Call:
x
X
Tammy deWeerd X
Ron Anderson X
X Mayor Robert Corrie
Cherie McCandless
Keith Bi rd
Reaular Aaenda
1. Development Agreement: AZ 00-005 Request for annexation and
zoning of 20.26 acres for proposed Stratford Park for residential and
professional offices from R- T (Ada County) to R-8 by Howell Murdoch
Development Corp: Approve - Resolution No. 322
2. Ordinance No. 875: AZ 00-005 Request for annexation and zoning of
20.26 acres for proposed Stratford Park for residential and professional
offices from R- T (Ada County) to R-8 by Howell Murdoch Development
Corp: Approved
3. Public Hearing: Residential curbside recycling program with new rate
schedule and a monthly household hazardous waste collection program
by Sanitary Services Company: Attorney to prepare Ordinance
4. Resolution No. 320: Repeal Resolution No. 140:
5. Resolution No. 321: Policy Regarding Overtime Compensation:
6. Department Reports:
A. Mayor Robert D. Corrie:
1. Appointment of the Deputy City Clerk: Approve Shelby
Ugarriza
B. City Engineer - Gary Smith
1. Easement Agreements for Five Mile Creek Parallel Pipe:
Approve Resolutions 323 and 324
May 23, 2000 - Page 1
Materials presented at pUblic meetings shall become property of the Meridian City Council.
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SANITARY SEWER EASEMENT
THIS INDENTURE, made this _ day of April, 2000 between E. L. Bews, the party of the
first part, and hereinafter called the Grantor, and the City of Meridian, Ada County, Idaho,
the party of the second part, and hereinafter called the Grantee;
WITNESSETH:
WHEREAS, the Grantor desires to provide a sanitary sewer 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 and service said pipeline from time to
time by the Grantee;
NOW, THEREFORE, in consideration of the benefits to be received by the Grantor,
and other good and valuable consideration, the Grantor does hereby give, grant
and convey unto the Grantee the right-at-way for the permanent and temporary
construction easements tor the construction, operation and maintenance of a
sanitary sewer line over and across the following described property:
(SEE ATTACHED EXHIBITS "All AND "B")
The permanent 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.
The temporary construction easement hereby granted is for the purpose of
construction of a sanitary sewer line and related incidental work. The temporary
construction easement shall expire when the construction contract terminates.
TO HAVE AND TO HOLD, the said permanent 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 the Grantee, in constructing the sewer line and in making future repairs,
will expediently replace and restore the premises to a condition comparable to that
existent prior to undertaking such construction, repairs and replacement. However,
the Grantee will not be responsible for repairing, replacing or restoring any
permanent structures, large trees or brush placed within the area described in this
easement.
SANITARY SEWER EASEMENT, Page 1 of 3
THE GRANTOR hereby covenants and agrees that he will not place or allow to be
placed any permanent structures, large trees or brush within the area'described
for this easement, which would interfere with the use of said easement, for the
purposes stated herein.
THE GRANTOR does hereby covenant with the Grantee that he is lawfully seized
and possessed of the aforementioned and described tract of land, and that he has
a good and lawful right to convey said easement, and that he will warrant and
forever defend the title and quiet possession thereof against the lawful claims of all
persons whomsoever.
IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures the
day and year first hereinabove written.
CITY OF MERIDIAN
Robert D. Corrie, Mayor
ATTEST:
William G. Berg, Jr., City Clerk
SANITARY SEWER EASEMENT, Page 2 of 3
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STATE OF IDAHO )
) ss
County of Ada )
On this (t, day of apf<> I/~ , 2000, before me lLO 1
personally appeared . E.L gtU)S , proved to me on the ses of
satisfactory evidence to be the person whose name is subscribed to the within
instrument, and acknowledged that he executed the same.
Commission Expires: b /;/0 /ZPtJ5'
/ /
SANITARY SEWER EASEMENT, Page 3 of 3
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Engineers Surveyors Planners
Project No.:
Date:
Revised:
Parcel No.:
Grantor:
5 Mile Relief Sewer (11616-03)
April 7, 2000
May 12, 2000
50435438600
Edward L. Bews
CITY OF MERIDIAN
EXHIBIT uA"
A 32' WIDE PERMANENT SANITARY SEWER
LAND SITUATED IN ADA COUNTY
A strip of land located in the Southeast ~ of Section 35, T.4N., R.1W., B.M., Ada County, Idaho, for the.
purpose of a 32 -foot wide permanent sanitary sewer easement lying 20 feet Southerly and 12 feet Northerly of
the following described line:
Commencing at a brass cap marking the Southwest corner of Section 35, T.4N., R.1W., B.M., Ada
County, Idaho. From said cap, a ~" iron pin marking the West % corner of said Section 35 bears North
00053'21" East, 2,643.52 feet; thence North 00053'21" East along the Easterly boundary of said Section 35,
1, 153.21 feet to a point; thence leaving said Westerly boundary South 89006'39" East, 25.00 feet to a point on
the existing Easterly right-of-way of Ten Mile Road; thence South 59052'40" East, 466.70 feet to a point;
thence South 80021 '43" East, 412.45 feet to a point; thence South 80033'17" East, 446.64 feet to a point;
thence South 80029'11" East, 375.27 feet to a point; thence South 63000'45" East, 424.73 feet to a point;
thence South 61049'50" East, 399.12 feet to a point; thence South 62031 '49" East, 282.80 feet to the point on
the Westerly boundary of Parcel No. 50435438600. Said point being the REAL POINT OF BEGINNING;
thence continuing South 62031'49" East, 25.72 feet to a point;
thence South 64004'59" East, 290.07 feet;
thence South 88016'01 " East, 315.30 feet to a point of terminus on the Easterly boundary of said
parcel. From said point, a 5/8" iron pin marking the South.~ corner of Section 35 bears South 81038'53" West,
607.19 feet.
Sidelines to be shortened or lengthened to match the beginning and terminus of this description.
END OF DESCRIPTION
TOGETHER WITH:
A 25-foot wide temporary construction easement being 25-foot Northerly and coincident with the
Northerly boundary of above-described permanent sanitary sewer easement.
Sidelines to be shortened or lengthened to match the beginning and terminus of this description.
END OF DESCRIPTION
Prepared by:
*
Refer to Exhibit ffB"
J-U-B ENGINEERS, Inc.
LHK:lhc Lawrence H. Koerner, P.L.S.
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