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Sanitary Sewer and Water Main Easement with Brighton Development, Inc. for Commercial Southwest Subdivision No. 2A. Move to: 1. Approve a Water and Sewer Main Easement for the City of Meridian, located on the site of Commercial Southwest Subdivision IVo. 2. 2. This easement provides the City of Meridian access to public sewer and water mains installed to provide service for Commercial Southwest Subdivision No. 2. 3. Authorize the Mayor to sign the easement, and the City Clerk to attest. II. TM NT T PR S Bruce Chatterton, Community Development Director Bruce Freckleton, Development Services Manager Steve O'Brien, Development Analyst II Steve O'Brien, Development Analyst II `" ®~" ~ Br c rec ton, Development Services Manager Ph: 208.887.2211 ® www.meridiancity.org 884-5533 489-0362 489-0371 Recommending Approval ® Fax 208.887.1297 Rev: 01/2013 ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 E BOISE IDAHO 04117113 03:16 PM DEPUTY Bonnie Oberbillig RECORDED-REQUEST OF III IIIIIIIIIIIIII'I'IIIIIIIIIIIII) Meridian Cary SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this (~C day of ~ ~ ~ 1 , 20 ~3 between J/~~~`I I~t ~V~~~ 1~4he 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 sewer and water main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines 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 sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains 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. Sanitary Sewer and Water Main Easement Commercial-SW-2- Sewer-Water-Ease. doc 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. 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 WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRAI~f TOR: President . °,. ~ ~. Adam e~-~ STATE OF IDAHO ss County of Ada ) IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day ,- ~asld year Est above writteg. k , Sanitary Sewer and Water Main Easement Sewer-Water-Ease. doc ~.. ~, _ -y_ - - --_~ _ __ ~ N`~~I'ARY PUBLT~ F(~h L~).~~HO ~ Residing at: ~ _ _ _ Commission Expires: ~ ~ ~ ' _ ,~~~z ~~ Commercial-SW-2- GRANTEE: CITY OF MERIDIAN of Tammy de~V~erd, Mayor Jaycee L. Holman, City C Approved By City Council On: STATE OF IDAHO, ) ss. County of Ada ) Olaf L'D AUGbgr - ~04~ l ~s ~~ City of ~,~E IDIAN~- ti SEAI- `" ~ V FjT ~~p FR OQ ~~~~ °f he TR~~ On this ~~ o day of ~~r~ \ _ , 203, 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. ~•,~ C A JDIV.'. ~T AI~~:~'r ", ~,~-,, (SEAL) N ARY PUB C FOR I R~` ding at: ~-{e~~c~~av~ l ~~ ~, l~q Commission Expires: ~~v~ ~ 2pl~I •.., Sanitary Sewer and Water Main Easement Commercial-SW-2- S ewer-Water-Ease . doc ' 12504 W. Explorer Drive, Suite 150 '® Boise, Idaho 83713 ~ (208) 385-0636 Fax (206) 365-0696 EASEMENT #1. , A parcel of land being a portion of the SW 1/4 of the SW 1/4 of Section 25, T.4N., R.1W., B.M., Meridian, Ada County, Idaho and more particularly described as follows: COMMENCING at the Southwest corner of said Section 25, marked by a brass cap; thence along the West boundary of said Section 25 North 00°24'56" East 299.14 feet to a point on the extended North boundary of Commercial Southwest Subdivision No. 1, filed for record in the office of the Ada County Recorder, Boise, Idaho in Book 101 of Plats at page 13250; thence along said extended North boundary and said North boundary South 89°35'04" East 260.54 feet to the POINT OF BEGINNING; thence leaving said North boundary North 00°24'56" East 110.00 feet to a point; thence continuing North 89°35'04" West 23.00 feet to a point; thence continuing North 00°24'56" East 30.00 feet to a point; thence continuing South 89°35'04" East 55.00 feet to a point; thence continuing North 00°24'56" East 89.56 feet to a point; thence continuing North 47°06'41" West 109.53 feet to a point; thence continuing North 00°24'56" East 85.30 feet to a point; thence continuing North 89°35'04" West 25.00 feet to a point; thence continuing North 00°24'56" East 25.00 feet to a point; thence continuing South 89°35'04" East 25.00 feet to a point; thence continuing North 00°24'56" East 83.58 feet to a point; thence continuing North 89°35'04" West 25.00 feet to a point; thence continuing North 00°24'56" East 20.00 feet to a point; thence continuing South 89°35'04" East 25.00 feet to a point; thence continuing North 00°24'56" East 33.00 feet to a point; thence continuing North 89°35'04" West 25.00 feet to a point; thence continuing North 00°24`56" East 20.00 feet to a point; thence continuing South 89°35'04" East 25.00 feet to a point; thence continuing North 00°24'56" East 92,43 feet to a point on a curve on the South right-of-way line of West Deer Crest Street; thence along said South right-of-way line along the arc of a curve to the left whose radius is 1029.00 feet, whose central angle is 1 °40'20", whose length is 30.03 feet and whose long chord bears North 87°44'01" East 30.03 feet to a point; thence leaving said South right-of-way line South 00°24'56" West 361.07 feet to a point; thence continuing South 47°06'41" East 60.33 feet to a point; thence continuing North 42°53'19" East 10.00 feet to a point; thence continuing South 47°06'41" East 20.00 feet to a point; thence continuing South 42°53'19" West 10.00 feet to a point; thence continuing South 47°06'41" East 15.64 feet to a point; thence continuing 3687-water-sewer-ease-desc.doc-dnm Page 1 of 2 TEALE'Y' -5 1~ -~ V~i 12594 W. Explorer Dr., Ste # 150, Boise, iD 837 ] 3 * (208) 385-0636 City of Meridian Water and Sewer Main Easements Page 2 of 2 Commercial Southwest Subdivision No. 2 South 00°24'56" West 238.36 feet to a point on said North boundary of Commercial Southwest Subdivision No. 1; thence along said North boundary North 89°35`04" West 52.00 feet to the POINT OF BEGINNING. Said Parcel of Land Contains 24,533 Sq. Ft., more or less. Together With: EASEMENT 2: A parcel of land being a portion of the SW 1 /4 of the SW 1 /4 of Section 25, T.4N., R.1 W., B.M., Meridian, Ada County, Idaho and more particularly described as follows: COMMENCING at the Southwest corner of said Section 25, marked by a brass cap; thence along the West boundary of said Section 25 North 00°24'56" East 299.14 feet to a point on the extended North boundary of Commercial Southwest Subdivision No. 1, filed for record in the office of the Ada County Recorder, Boise, Idaho in Book 101 of Plats at page 13250; thence along said extended North boundary South 89°35'04" East 38.00 feet to the Northwest corner of said Commercial Southwest Subdivision No. 1 on the East right-of-way line of North Linder Road, marked by an iron pin; thence along said East right-of-way line North 00°24'56" East 254.50 feet to the POINT OF BEGINNING; thence continuing North 00°24'56" East 20.00 feet to a point; thence leaving said East right-of-way line South 89°35'04" East 28.00 feet to a point; thence continuing .North 00°24'56" East 10.00 feet to a point; thence continuing . South 89°35'04" East 20.00 feet to a point; thence continuing :South 00°24'56" West 30.00 feet to a point; thence continuing North.89°.35'.04."West 48.00 feet to the POINT OF BEGINNING. Said Parcel of Land Contains 1,160 q. Ft., more or less, 26 ° 25 N 00°24'38" E 1318.69' ° I/ 16 CORNER I I ---_.--_.....--..-.---...J-_.-_-_.-.._.-p-' I o-------- ' WEST DEER CREST STREET S 89 °35' ll" E C-2 G- I C-3 140.64 .T.;{~ ---_-Q--' N 00°24'56" E t~ ~ ~~~ i 92.43' :•:~:'~~~'~ I 9 ~:•:~:::;:;~ 13a' I L-~.~ :i r; ~~ L-7 _ :~ o EXHIBI'T' "~ 99 CITY OF MERIDIAN WATER 8c SEWER MAIN EASEMENTS AT COMMERCIAL SOUTHWEST SUBDIVISION No. 2 A PORTION OF THE SW I/4 SW I/4, SECTION 25, T.4N., R.IW., B.M. MERIDIAN, ADA COl1NTY, IDAHO N J ~~ I ;~ .: ;; -'~~.~.: :~ ~ 0 50 loo 200 I ~ I ~ `'' "' ~D I rr ~. ° ~ ~: :~ U, N I ~ :;: N 00 24 56" E ,; ~ o ' :~ m , t.. 83.58 '1~: ::~ N Q ~ ~:~ O ~ L_g o ~ ~ ~'~-~ ~ ~ ~ ~ EASEMENT "2" `~ ~' E J ' ~ w ~I 0 ~-- j: I 1,160 S.F. • : ~ I I ~: ;~ NI N 00°24'56" E ~:~ SCALE IN FEET I" = 100' /~~L LAND ~~Oc G1 S 14;~~? G. 5630 ' ~' ~~ ~ •OgvT o r ~~ ~5 \~ N, M~~' cuRVE TABLE CURVE RADIUS DELTA LENGTH BEARING CHORD C- I !029.00' I°40'20" 30.03' N 87°44'01" E 30.03' C- 2 1029.00' 1°50'38" 33.12' N 89°29'30" E 33.11' C- 3 1029.00' 2°56'22" 52.79' N 85°25'40" E 52.78' = o I 85.30' ~~ ~ ~ z L-17 E• :~ S 47°06'41" E ~ 7 ~ 60.33' ~ '~'~'•`~'~' L-13 L-20 109.53' .'~;:;;;u--•---L-14 I ~~~~'~ EASEMENT "I" P.o.B. "2" N 00°24'56" E 89.56' :~ 24,533 S.E. I 6 S 89°35'04" E ,~i m w I 55.00' ~'~ ~ iD ~ N 00°24'56" E •1 N to o ~,~ ~~ I ~r ~ 30.00' ~ •:;~ 3 I N ~ I N 89°35'04" W k~'~ ~I~~ ;~ ~' I 23.00' _ ~~:: a; :~ N P.o.B ..i.. Qr~•. :I~ _ ro: ;i I .- -- S 89 °35'04' E 260.54 -~''~~~ ~ ,,')( 138.00' ~ 222.54' __._ ~''~°'•..,'.~' ------------- i ~ i ~ _...~-------------I I-------" r- ~ ~ NORTHWEST CORNER OF ~ N 89°35'04" W COMMERCIAL SOUTHWEST No, I 52.00' 'rn SUBDIVISION N 26 25 WEST McMILLAN ROAD 35 36 12594 W. EXPLORER DRIVE, SUITE 150, BOISE, ID 83713 3687-Water-Sewer-Ease.dwg 03-22--13 09:52:58 dmarks 208-38S-0636 A~ ;{~ LINE TABLE LINE BEARING LENGTH L-I N 89°35'04" W 25.00' L-2 N 00°24'56" E 25.00' L-3 S 89°35'04" E 25.00' L-4 N 89°35'04" W 25.00' L-5 N 00°24'56" E 20.00' L-6 S 89°35'04" E 25.00' L-7 N 00°24'56" E 33.00' L-8 N 89°35'04" W 25.00' L-9 N 00°24'56" E 20.00' L-10 S 89°35'04" E 25.00' L-il N 42°53'19" E 10.00' L-12 S 47°06'41" E 20.00' L-13 S 42°53'19" W 10.00` L-I4 S 47°06'41" E 15.64' L-15 N 00°24'Sb" E 20.00' L-(6 S 89°35'04" E 28.00' L-17 N 00°24'56" E 10.00' L-18 S 89°35'04" E 20.00' L-19 S 00°24'56" W 30.00' L-20 N 89°35'04" W 48.00' r