Sanitary Sewer Easement with Pacific Links, Limited Company for The Club at Spurwing 813E IDIAN~
IDAHO
TO: Mayor Tammy de Weerd
Members of the City Council
FROM: Steve O'Brien
DATE: 11/06/12
Mayor Tammy de Weerd
City Council Members:
Keith Bird
Brad Hoaglun
Charles Rountree
David Zaremba
SUBJECT: Off-Site Sewer Easement for The Club at Spurwing
I. RECOMMENDED ACTION
A. Move to:
1. Approve a new off-site sewer easement to serve The Club at Spurwing..
2. Authorize the Mayor to sign the easement, and the City Clerk to attest.
II. DEPARTMENT CONTACT PERSONS
Bruce Chatterton, Director of Community Development 489-1569
Bruce Freckleton, Development Services Manager 489-0362
Scott Steckline, Land Development Supervisor 489-0369
Steve O'Brien, Development Analyst II 489-0371
Supervisor Approval p~ Y--b ~`, ~ .~-~
Scott Steckline: Land Development Supervisor
Page I of 1
ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 fi
BOISE IDAH012112112 11:07 AM
DEPUTY Che Fowler
RECORDED-REQUEST OF III IIIIIIIIIIIIIIIIIIII VIII I I III
Cily of Meridian 112130813
SANITARY SEWI,`REA5~1VfEN`t5.
THIS INDENTURE, made this ~~ d y of_~, 20 /Z between/~i1tc(.; ~, A)Jls ~` wt `~ee{th~r-''•~~" r'/
parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, I
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 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 area 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 pernianent structures, trees, brush, or perermial shrubs or flowers within the area
described for this easement, which would interfere with the use of said easement, far the
purposes seated herein.
THE GRANTORS hereby covenant and agree with the Grantee that should any part of the
right-of--way and easementhereby 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
Sewer Main Easement Pagelof4 EASM"f.SWR.PAC[FICLINKSdoc.doc
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
signatrrres the day and year first herein above written.
GRANTORS:
PACIFIC LINKS, LIMITED COMPANY
Jo W vvr C~Iember
STATE OF IDAHO )
ss
County of Ada )
On this _L" 1 day of 1V /~L, 20~, before me, the undersigned Notary
Public personally appeared John W. Hewitt, known to me to be one of the members of
Pacific Links Limited Company, a limited liability company, and the member who
subscribed said limited liability company name to the foregoing instrument, and
acknowledged to me that he executed the same in said limited liability company name.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year fist above written.
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~pTAgy NOTARY PUBLIC FOR IDAH
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Tanuny de eerd, Mayor E IDIAN~-
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Sewer Main Easement Page 2 of4 EASMT.SWR.PACIF[C LINI{Sdoc.doc
Attest by Jaycee L. Hohnan, City Clerk
Approved By City Council On:~ Q C~y~,EzP~ /~, Q~/o2,
STATE OF IDAHO )
ss
County of Ada )
On this_~ day of , 20 l Z.. ,before me, the undersigned, a Notary
Public in and for said State, personally appeared 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.
NOTARYP BLIC" FOR IDAHO
Residing at
Commission Expires: 'T ~~ lS3
Sewcr Maio Easement Page 3 of A EASMT.SWR.PACIPIC LINKSdoc.doc
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November 20, 2012
Page 1 of 2
EXHIBIT B
Spurwing Challenge Subdivision
Offsite Sanitary Sewer Easement
Easement A
An easement located within a portion of Parcel "C" as shown on Record of Survey Number
7826, Ada County records; said easement being situated in a portion of the Southwest %4 of
Section 23, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County,
Idaho being more particularly described as follows:
Commencing at the South''/a corner of said Section 23, thence along the South line of said
Section 23 North 89°11'21" West 2627.61 feet to the Southwest corner of said Section 23,
thence leaving said South line North 0°20'51" East 1745.72 feet along the West Section line of
said Section 23 to the POINT OF BEGINNING, thence continuing along said West Section
line
North 00°20'51" East 20.00 feet, thence leaving said West Section line
South 90°00'00" East 32.62 feet, thence
South 43°35'28" East 49.23 feet, thence
South 00°00'00" West 261.90 feet, thence
South 90°00'00" East 230.39 feet, thence
North 00°55'49" East 79.33 feet, thence
South 60°38' 19" East 52.42 feet, thence
North 68°17'56" East 24.40 feet, thence
South 49°06'03" East 61.21 feet to the Westerly Right-of--Way of West Balata Court, thence
continuing along said Westerly Right-of--Way
27.11 feet along a curve to the left; said curve having a radius of 50.00 feet, a delta angle of
31°03'37", and a chord bearing and distance of South 26°13' 10" West 26.77 feet, thence leaving
said Westerly Right-of--Way
North 60°38' 19" West 63.36 feet, thence
South 67°07'03" West 31.01 feet, thence
South 00°55'49" West 20.55 feet, thence
South 90°00'00" East 12.00 feet, thence
South 00°55'49" West 24.00 feet, thence
North 90°00'00" West 12.00 feet, thence
South 00°55'49" West 295.29 feet, thence
South 79°Ol' 12" East 11.83 feet to the Westerly line of Parcel "B" as shown on said Record of
Survey, thence continuing along said Westerly line
1904 W. Overland Boise, ID 83705 Phone (208) 342-0091 Fax (208) 342-0092 vvvdw.quadrant.cc
Civil Engineering Surveying
Page 2 of 2
^^
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Consulting.lnc.
South 10°58'51" West 24.00 feet, thence leaving said Westerly line
North 79°01'12" West 7.98 feet, thence
South 10°58'48" West 101.88 feet, thence
South 32°10'34" East 11.66 feet to said Westerly line, thence continuing along said Westerly
line
South 10°58'51" West 51.17 feet, thence leaving said Westerly line
North 79°01'12" West 27.97 feet, thence
North 10°58'48" East 161.56 feet, thence
North 79°01'12" West 14.13 feet, thence
North 10°58'48" East 24.00 feet, thence
South 79°O1' 12" East 9.97 feet, thence
North 00°55'49" East 283.10 feet, thence
North 52°54' 18" West 25.40 feet, thence
North 90°00'00" West 203.56 feet, thence
South 00°00'00" West 2.00 feet, thence
North 90°00'00" West 42.00 feet, thence
North 00°00'00" East 24.00 feet, thence
South 90°00'00" East 8.00 feet, thence
North 00°00'00" East 260.31 feet, thence
North 43°35'28" West 21.06 feet, thence
North 90°00'00" West 24.17 feet to said West Section line and the POINT OF BEGINNING.
Said easement contains approximately 0.70 acres more or less.
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1904 W. Overland Boise, ID 63705 Phone (208) 342-0091 Fax (208) 342-0092 vaww.quadrant.cc
Civil Engineering Surveying