Sanitary Sewer Easement with Pacific Links, Limited Company for The Club at Spurwing 814Mayor Tammy de Weerd
E IDIAN~-- ~ity Council Members:
Keith Bird
i+- Brad Hoaglun
Charles Rountree
D Q ~"~ 0 David Zaremba
TO: Mayor Tammy de Weerd
Members of the City Council
FROM: Steve O'Brien
DATE: 11/06/12
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
Page l of l
AOA COUNTY RECORDER Christopher D. Rich AMOUNT .00 ;
BOISE IDAN012l12112 11:07AM
DEPUTY Che Fouler III IIIIIII'IIIIIIIIIIIIIIIIII~IIII III
RECORDEO-REOUEST OF
City of Meridian 11~134~14
SANITARY SEWER EASEMENT
THIS INDENTURE, made this ~~~day of 1~-~~ , 20 IZ.between Ipe~Y1~ L~ruks L~~..~.~(, h°e~"P~N~
parties of the first part, and hereinafter called the Grantors, and the City o MfCity o rie~•'dian, Ada County,
Idaho, the putt' 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 au tmderground pipeline to be
conshucted 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
arty permanent structures, trees, brush, or perennia] 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 grauted shall become part of, or lie witlrin the boundaries
of any public street, Chen, Co such extenC, such right-of way and easement hereby granted
Se~wcr Main Easement Page L of4 EASM'L'.SWR.PACIPIC LINICSdoc.doc
which lies within such boundary thereof or which is a part thereof, shall cease and become
null and void and of no fiuther 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
signatures the day and year first herein above written.
GRANTORS:
PACIFIC LINKS, LIMITED COMPANY
Jo . Hewr ember
STATE OF IDAHO )
ss
County of Ada )
On this ~ day of 1 W/UP~VI~?P~/ , 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 veau~ftc4above written.
~,pT ~s y C~/r/ QG~~ =?~Gti/~
~~" NOTARY PUBLIC FOR IDAH
pUBV~` Residing at
4
J~ `Z Commission Expires: ~
EASMT.SWR.PACIFIC L1M{Sdoc.doc
GRANTEE: C'IT4' bP MERIDIAN
Attest by Jaycee L. Holman, City Clerk
Approved By City CoLmcil On:~l /Q~ o.,.._~u.~ ,~/~ ~~~~
STATE OF IDAHO )
ss
County of Ada )
On this ~ day of.P , 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. `
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OT'~+Q~,•,~t NOTARY PU LI 'FOR IDAHO
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Sewer Mein Easement Page 3 oC4 EASMT.SWR.PACIFIC LdNI{Sdoc.doc
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November 20, 2012
EXHIBIT B
Spurwing Challenge Subdivision
Offsite Sanitary Sewer Easement
Easement D
An easement located within a portion of Lot 78, Block 1 of the Plat of Spurwing Subdivision,
Book 69, Pages 7104-7108, Ada County records; said easement being situated in a portion of the
Southwest'/ 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 Southwest corner of said Section 23, thence along the South line of said
Section 23 South 89°11'21" East 2627.61 feet to the South'/ corner of said Section 23, thence
leaving said South line North 0°27'09" East 955.95 feet along the North-South centerline of said
Section 23, thence leaving said North-South centerline North 89°32'51" West 131.34 feet to the
POINT OF BEGINNING, thence
South 49°12'37" West 46.00 feet, thence
North 40°47'23" West 20.05 feet, thence
North 89°10'47" West 341.13 feet to the East Right-of--Way line of North Spurwing Way and
the Westerly boundary line of said Lot 78, thence continuing along said East Right-of--Way line
and said Westerly boundary line
20.73 feet along a curve to the right; said curve having a radius of 30.00 feet, a delta angle of
39°36'01", and a chord bearing and distance of North 11°04'18" East 20.32 feet, thence leaving
said East Right-of--Way line and said Westerly boundary line
South 89°10'47" East 341.18 feet, thence
North 38°14'41" West 74.22 feet to the Southerly Right-of--Way line of North Pencross Way and
the Northerly boundary line of said Lot 78, thence continuing along said Southerly Right-of--Way
line and said Northerly boundary line
20.31 feet along a curve to the left; said curve having a radius of 375.00 feet, a delta angle of
3°06'09", and a chord bearing and distance of North 61°40'58" East 20.30 feet, thence leaving
said Southerly Right-of--Way line and Northerly boundary line
South 38°14'41" East 76.41 feet, thence
North 49°12'37" East 10.25 feet, thence
South 40°47'23" East 26.00 feet to the POINT OF BEGINNING.
Said easement contains approximately 0.22 acres more or less.
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1904 W. Overland Boise, ID 83705 Phone (208) 342-0091 Fax (208) 342-0092 www.quadrant.cc
Civil Engineering Surveying