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Sanitary Sewer Easement with Pacific Links, Limited Company for The Club at Spurwing 815E 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 Scott Steckline: Land Development Supervisor Pnge I of I ADA COUNTY RECORDER Christopher D. Rlsh AMOUNT .00 ; BOISE IDAR012112/12 11:07 AM DEPUTY Che Fowler flECOflDED-REQUEST OF III IIIIIIIIIIIIII VIII IIIIIII I II I III Ciry st Meridian 112139815 SANITARY SEWER EASEMENT THIS INDENTURE, made this ~~ day of ~ ~~ , 20 ~Zbetween~-r: f~,~1kc L~ n~.~ ~~ , th~~N ~~ parties of the first part, and hereinafter called the Cnantors, 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 an easement for the operation and maintenance of a sewer line over and across the following described property: (SEE ATTACI-IED 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 agiee that they will not place or allow to be placed any permanent structrtres, trees, brush, or peremiial 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 Sewer Main Easement Pane I of4 EASMT.SWR.PACIPIC LINI<Sdoc.doc which lies within such bormdaiy thereof or which is a part thereof, shall cease and become null and void and of no fiu-ther effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfiilly seized and possessed of the aforementioned and described tract of laid, 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 signatures the day acid year first herein above written. GRANTORS: PACIFIC LEAKS, LIMITED COMPANY John ewitt, Member STATE OF IDAHO ) ss County of Ada ) On this ~ day of ~DUPwI~~-' , 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 herermto set my hand and affixed my official seal the day and year fist above written. ~pT~RY NOTARY PUBLIC FOR IDAHO ~~ Residing at: / ` UBV~~ `~ ~; Commission Expires: ~ Z $GO~QOUPKCD A[ICLS~rr94/ Tammy e eerd, Mayor rryoe ,~, ~j4/~E InI~IA~~ rJT/J/J rowxo n SFAi. nY ~e `~ V m a e °~re°tae ~sog Sewer Main ~asement Page o EASMT.SWR.PACIFICLIMCSdoc.doc Attest by Jaycee L. Holman, City Clerk Approved By City Council On: ~,Df o.w /~, •~-©/~ STATE OF IDAHO ) ss County of Ada ) On this day of~~~-~ . , 20~~, 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. .•°• GY ~~••• . T •~ .• O O ;'~%(SEAL) ~~ ,p~~ ~ S•••~, ~IiLSC'. O ~' NOTARY PU,BLICl~ Residing at: ~~ Commission Expires IDAHO Se~a~er Main Easement Page 3 of 4 GASMT.SWR.PACIPIC LINKSdoc.doc ~~ a ~ _~ C i ;. 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November 20, 2012 EXffiBIT B Spurwing Challenge Subdivision Offsite Sanitary Sewer Easement Easement C An easement located within a portion of Parcel "A" 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 %4 corner of said Section 23, thence along the South line of said Section 23 North 89°11'21" West 901.15 feet, thence leaving said South line North 0°48'39" East 210.37 feet to the Southeast corner of said Parcel "B", thence continuing North 0°48'39" East 725.31 feet along the East line of said Parcel "B" to the POINT OF BEGINNING, thence leaving said East line of Parcel "B" North 00°48'39" East 20.00 feet, thence leaving said East boundary line South 89°51'46" East 295.88 feet to the West Right-of--Way line of North Spurwing Way, thence continuing along said West Right-of--Way line 20.66 feet along a curve to the right; said curve having a radius of 408.00 feet, a delta angle of 2°54'07", and a chord bearing and distance of South 14°24'33" East 20.66 feet, thence leaving said West Right-of--Way line North 89°51'46" West 301.19 feet to said East boundary line of Lot 3 and the POINT OF BEGINNING. Said easement contains approximately 0.14 acres more or less. 1904 W. Overland Boise, ID 83705 Phone (208) 342-0091 Fax (208) 342-0092 www.quadrant.cc Civil Engineering Surveying