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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: ~ ~`~ ~ ~ ~ ,~ ~ ,, Commission Expires: , ,~ Documentl GRANTEE: CITY OF MERIDIAN Tammy de, rd, Mayor `~ Gty of E IDIAN~.. i IDgPSO Fm. S~ ~ 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 ~ • o ~oRnrcunU~tsr G r '9 0 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. ~_~ ~Ty ~~~~~~ ~'.1 ~:~ ,r ~ ' ~r ~ ~. .~~ f ~ ~~ ~~ ~ ~ `=~' i ~' ~ '~°' i ~,~l~C, /i t, ;' ~, , ' ~, _,. I ~, L ~~~ ~ ~' ~9~~' ~~~~ ~ ®F N m N ~ N ~ ~ 0 ._ W N 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'