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324 Easement Agreement Five Mile Creek Parallel Pipe/Young Land, Ltd. 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. SANITARY SEWER EASEMENT THIS INDENTURE, made this _ day of April, 2000 between Young Lands L TO, 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 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 Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for the permanent and temporary construction easements for the construction, operation and maintenance of a sanitary sewer line over and across the following described property: (SEE ATIACHED EXHIBITS "A" AND UB") 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 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 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. The Grantee also agrees to the following: 1. alfalfa damaged do to construction will be replanted, and 2. surface rock greater than two inches in diameter in fields within the construction area will be removed. SANITARY SEWER EASEMENT, Page 1 of 3 ( ( THE GRANTORS hereby covenant and agree that they 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 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 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 ( STATE OF IDAHO ) ) ss County of Ada ) On this I ( day of Jij>~ I L , 2000, before me, the unders~' ed, a Notary Public in and for said State, personally appeared J/(J!i2!<.~ j\. 'A Aft; J known or identified to me to be the President of the 'corpor tion th t executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. b /J(~ / 2 otJ5 / I Commission Expires: SANITARY SEWER EASEMENT, Page 3 of 3 ~ ('" J.U.8 -A ( ~ Engineers Surveyors Planners Project No.: Date: Revised: Revised: Parcel No.: Grantor: 5 Mile Relief Sewer (11616-03) April 7, 2000 April 17, ?OOO May 12, 2000 S0435438410 Young Lands L TO CITY OF MERIDIAN EXHIBIT "A" A 32' WIDE PERMANENT SANITARY SEWER EASEMENT 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, tor the purpose of a 32.foot wide permanent sanitary sewer easement lying 20 feet Southerly and Westerly of and also 12 teet Northerly and Easterly 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 Y2" iron pin marking the West 1A 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..ot-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, 308.52 feet to the point; thence South 64004'59" East, 290.07 feet; thence South 88016'01" East, 315.30 feet to.a point on the Westerly boundary of Parcel #50435438410, THE REAL POINT OF BEGINNING; thence continuing South 88016'01" East, 36.99 feet to a point; thence South 88006'09" East, 286.97 feet to a point; thence South 43011 ' 35" East, 14.14 feet to a point; thence South 03016'51" West, 19.07 feet to a point on the existing Northerly right-of..way of Ustick Road. The point of terminus of this description; from said point, a 5/8" iron pin marking the South ~ corner of Section 35 bears South 87002'29" West, 934.37 feet. Sidelines to be shortened or lengthened to match the beginning and terminus of this descri ption. END OF DESCRIPTION * ~-ru.B ~ ( ~ City of Meridian Exhibit "A" Young Lands LTD April 7, 2000 Revised: April 17, 2000 Revised: May 12, 2000 Page 2 Engineer~ Surveyors Planners TOGETHER WITH: A 25-foot wide temporary construction easement being 25-foot Northerly and Easterly and coincident with the Northerly and Easterly boundaries of the above-described permanent sanitary sewer easement. Sidelines to be shortened or lengthened to match the beginning and terminus of this description. END OF DESCRIPTION Refer to Exhibit "B" Prepared by: J-U-B ENGINEERS, Inc. LHK:lhc Lawrence H. Koerner, P.L.S. F:\projects\ 11616\admin\young lands 2 perm sewer easement.doc * C/) l- ( Z I W ~ -I L I La.. W ~ \D CJ ~. 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R I ~ z .~ <[ ~ I . ~ I--i ~ ~ ~ ~ ::r; .-- -.J (I) I--t -;:.. ai 0:::: d j:Q -;:.. c.: w 5 j:q ~ 2: ~ A ~ ~ J l- t- Z Z w w w :::E :::E w w z U) C/) :J <( <( a:: w w I- ~ I- 0::: Z (J) ~ W W Z ~ (j) 0 w bf~>- () (J) <(:JO::: >- .-- Wt-~ 0 a::: z Z <( w ZZz w a::: z ~W..:( (!) 0 w a:::QU1 --11~ 0... ~ < W ::E 0::: 0(/)0 - e:::::::x -' ~ W ~<{Z 0.. _WF 'J c--' ~-I(j) lo N lOd~ N tr) I: I I, (J) SANITARY SEWER EASEMENT THIS INDENTURE, made this _ day of April, 2000 between Young Lands L TO, 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 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 Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for the permanent and temporary construction easements for the construction, operation and maintenance of a sanitary sewer line over and across the following described property: (SEE ATTACHED EXHIBITS "A" AND UBJJ) 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 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 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. The Grantee also agrees to the following: 1. replace and/or repair three "field drainJJ culverts within the permanent easement area, 2. if construction disrupts or prohibits the harvest of winter wheat within the easement area, grantors will be SANITARY SEWER EASEMENT, Page 1 of 3 compensated for the loss based on the estimated quantity and the local fair market value of wheat lost, 3. surface rock greater than two inches in diameter in fields within the construction area will be removed, and 4. grantors will be consulted as to final manhole placement THE GRANTORS hereby covenant and agree that they 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 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 parties have hereunto subscribed their signatures the day and year first hereinabove written. ?I- CITY OF MERIDIAN Robert D. Corrie, Mayor ATTEST: William G. Berg, Jr. J City Clerk SANITARY SEWER EASEMENT, Page 2 of 3 ( STATE OF IDAHO ) ) 55 County of Ada ) On this I J day of ~ f'R I L , 2000, before me, the under igned, a Notary Public in and for said State, personally appeared , known or identified to me to be the President of the corpo ation hat executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. &./10/ZCJ05 / I Commission Expires: SANITARY SEWER EASEMENT, Page 3 of 3 ~ ..... J-U-8 ~ ~ ( Engineers Surveyors Planners Project No.: Date: Revised: Parcel No.: Grantor: 5 Mile Relief Sewer (11616-03) April 7, 2000 May 12, 2000 50435346619 Young Lands L TD CITY OF MERIDIAN EXHIBIT tfA" A 32' WIDE PERMANENT SANITARY SEWER EASEMENT LAND SITUATED IN ADA COUNTY A strip of land located in the Southwest ~ 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 Yz" 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, 37.59 feet to a point on the Westerly boundary of Parcel No. 50435346619. The REAL POINT OF BEGINNING hereinto referred to as Point rtA". thence South 80029'11" East, 337.68 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 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 00026'19" West, 236.39 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 J..U..B ENGINEERS, Inc. ~ * Refer to Exhibit rtB" Prepared by: LHK: lhc Lawrence H . Koerner, P. L. S. 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