Sanitary Sewer Easement with Center Point Square, LLC for Bienville Square No. 2T Mayor Tammy de Weerd
Members of the City Council
F Denny Cline
DATE: 3/28/13
U JC°T: Sewer Main Easement for Bienville Square Subdivision No. 2
I. RCMMN ACTT N
A. Move to:
1. Approve a Sewer Main Easement for the City of Meridian, located on the
site of Bienville Square Subdivision No.2, by Center Point Square, LLC.
2. This easement provides the City of Meridian access to a public sewer main
installed to provide service for Bienville Square Subdivision No.2.
3. Authorize the Mayor to sign the easement, and the City Clerk to attest.
II. PARTMNI° CTAT N
Bruce Chatterton, Community Development Director
Bruce Freckleton, Development Services Manager
Denny Cline, Development Analyst II
Denny Cline, Development Analyst I~I
Bruce Freckleton, Development Services Manager
Ph : 208.887.2211 ® -
884-5533
489-0362
489-0371
Recommending
Approval
• Fax 208.887.1297
n,.... n~ i-in~ ~
ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00
BOISE IDAHO 04!10!13 12:03 PM
RECORDED~C REQUEST OF III I I II' II II I II I II II I I II I II II I'I I ~ ~II
Meridian Ciiy 1130~F#365
SANITARY SEWER EASEMENT
THIS INDENTURE, made this ~1 day of A p,-;1 , 2013 between _Center Point Square, LLC
,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 sewerright-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 permanent structures, trees, brush, or perennial shrubs or flowers within the area
described for this easement, which would interfere with the use of said easement, for the
purposes stated herein.
Sewer Main Easement Document!
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
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 ~%~REOF, the said parties of the first part have hereunto subscribed their
signatures the day and year first herein above written.
GR.A~TT~OR: ~ ~~...~~~
~~
Cory Swain; IVlanaging Member
290 Bobwhite Ct #220 Boise Idaho 83'706
Address.
Secretary
~~
IN WITNES S WHEREOF, I have hereunto set my hand and affixed ~ y official seal the day
and year fist above written.
Sewer Main Easement
NOTARY PIT~LIC FOR IDAHO
Residing at: ~ ~`~ ~ ~ ~ ,~ ~
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Commission Expires: , ,~
Documentl
GRANTEE: CITY OF MERIDIAN
Tammy de, rd, Mayor `~
Gty of
E IDIAN~..
i IDgPSO
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Attu by ~lycee L.1~olma~t, City Clerk `q°`'b~ rsensoe~'
Approved By City Council On: ~~r .1 ~ Z o ~~
STATE OF IDAHO )
ss
County of Ada )
On this ~~~ day of ~ ,~,1 , 20 (3 ,before me, the undersigned, a Notary Public
in and for said State, personally appeared TAMMY DE WEERD and , ;~A~ J o,.,.~ s
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.
~"~~SEAL) S ~
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o ~oRnrcunU~tsr
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NOTARY PUBLIC FOR IDAHO
Residing at: ~-~~u_ -~ ~ ~ 3~, ~ ~
Commission Expires: g-~ ~f ` I ~5
Sewer Main Easement Documentl
EXHI IT "A"
®ESCRITI®N F®R CITY ®F ERI®IAN
SANITARY SEWER ASE ENT AT
BI NVILLE SQUARE SUS®IVISI®N N®.2
3/12/2013
AN EASEMENT FOR A SANITARY SEWER LINE IN LOT 23, BLOCK 1 OF BIENVILLE SQUARE SUBDIVISION, AS
RECORDED IN BOOK 102 OF PLATS AT PAGES 13495 THROUGH 13498, ADA COUNTY RECORDERS OFFICE,
LOCATED IN THE NE 1/4 OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, CITY
OF MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE
MERIDIAN, THENCE S 44°11'33" W, 910.67 FEET TO A POINT ON THE BOUNDARY LINE OF AN EXISTING CITY
OF MERIDIAN SANITARY SEWER EASEMENT (INSTR.NO. 1b8013630) LOCATED IN LOT 23, BLOCK 1, BIENVILLE
SQUARE SUBDIVISION, BEING THE REAL P®INT ®F EGINNING OF THIS DESCRIPTION;
THENCE S 36°22'04" W, 86.89 FEET TO A POINT;
THENCE S 04°20'50" W, 399.40 FEET TO A POINT;
THENCE S 02°3715" E, 243.92 FEET TO A POINT;
THENCE S 87°22'45" W, 20.00 FEET TO A POINT;
THENCE N 02°37'15" W, 245.14 FEET TO A POINT;
THENCE N 04°20'50" E, 505.15 FEET TO A POINT;
THENCE S 71°28'10" E, 50.82 FEET TO A POINT;
THENCE S 00°3T20" W, 19.46 FEET TO A POINT;
THENCE S 89°22'40" E, 15.57 FEET TO THE REAL P®INT ®F EGINNING OF THIS DESCRIPTION.
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LIPdE SE~4RING ®IS7ANCE
L1 S 36°22'04" W X6.59'
L2 S 04'20'50" 399.40'
L3 S 02'37' 15" 243.92'
L S 57'22'45" W 20,00'
L5 ~ ®2'37'15" 245.14'
l6 N 04°20'50" E 505.15'
L7 S 71 ° 25' 1 Q" E 50.52'
L>3 S 00'37'20" W 19.46'
L9 S S9°22'40" E 15.57'