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Sanitary Sewer Easement with Concept Investments, LLP for Tates Rent 203 S MainI 1 Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 I. RC MMNDED ACTIN A. Move to: 1. Approve a Sewer Main Easement for the City of Meridian, located on the site of Tates Rent, 203 S Main St.. 2. This easement provides the City of Meridian access to a public sewer main installed to provide service for Tates Rent. 3. Authorize the Mayor to sign the easement, and the City Clerk to attest. II. DEPARTMENT C NTACT PESNS Bruce Chatterton, Community Development Director Bruce Freckleton, Development Services Manager Denny Cline, Development Analyst II Denny Cline, Development Analyst II ~~~~,~~~ Brace Freclleton, Development Services Manager Ph : 208.887.2211 • 884-5533 489-0362 489-0371 Recommending Approval a Fax 208.887.1297 ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 I BOISE IDAHO 05!09113 10:20 AM RECORQED~C REQUEST OF II I II VIII II IIII~II IIIIIIIII II'III III Meridian City 113~~G367E~ SANITARY SEWER EASEMENT ~'''" t--ta.~ THIS INDENTURE, made this day of , 2013 between Concept Investments, LLP, the party 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. The parties acknowledge that at the time of the granting of this easement, there are property improvements constructed over the easement as depicted on Exhibit B. TO HAVE AND TO HOLD, the said easement and right-of--way unto the said Grantee, it's successors and assigns forever. Sewer Main Easement Tates Rents Sewer Easement proposed final v2 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. The structure located on the easement as depicted on Exhibit B shall not be considered to have been placed in violation of this easement as long as the encroachment is not expanded in size beyond what is depicted at the time of execution of this easement. In the event that the structure depicted on Exhibit B is demolished in whole or in part, Grantee's permission to allow the. structure over this easement shall be revoked and the placement of any additional structures upon or over this easement shall not be allowed. 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. GRANTOR: CONCEPT INVESTMENTS, LLP ~~- Eric Tate, Partner ,~~ } ,~ r ~ ~~ Trent Tate, Partner Sewer Main Easement Tates Rents Sewer Easement proposed final v2 STATE OF IDAHO ss County of Ada ) ,~ On this ~~r~ ' 1" day of ~` '.J , 20~, before me, the undersigned, a Notary Public in and for said State, personally appeared Eric Tate and Trent Tate, known or identified to me to be Partners of the Limited Liability Partnership that executed the within instrument, and acknowledged to me that such LLP executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist a~o~~Wt~t~p. ,,,.~~p,N WFq.,,,,,, ,~ ,~~ ,,.....,, ~i ,~ /~ pTARy' F9 - ~' ; ~~ ~° 1 s ®.•~ a ~ s _ AR PUBLIC OR IDAHO • , PUBS-~G ••~= Residing at: ~itt~; `~~. 1i~i.~r~4~~;,f ~S'I(`? ;, s`• ~ .r Commission Expires:. 'e , ~~( GRANTEE: CITY OF MERIDIAN /'1 ~ i Tammy de W,e~r~l; Mayor aycee L. lJ n U<;L t9 o~ ~~,~` csry ~f ~.~YC E I~,DI'~ IDAHO ~' SEAL City Clerk , r~9 o USE°~ ~ the THE#b Approved By City Council On: STATE OF IDAHO ) ss County of Ada ) /3 ih On this - day of , 20 t3 ,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. ~. s • • •. • .••1CA J01j,•. ~~pTAR~,t~~: ,~ • ~ • • s , • (S~Af,) • ;r,I~1G, ~~: Sewer Main Easement ~ ~ ~ jF 1~~' Easement proposed fmal v2 ° ° '' ~ ` G NO RY PUB~,I , FOR IDAHO Residing at: (~•teXldla-rl 1 ~ Tates Rents Sewer Commission Expires: -X01.11 1'l ~ 070 ~ Sewer Main Easement Easement proposed final v2 Tates Rents Sewer Fe~r~aa~~ ~~, ~ 3 ~"a~es ~enfs l~r~jec~: ~~. ~ ~-~~` Legal ~escripLicarr ~aniia~ ~ev~Jer ~~s~~ r~~~~. "~ ~~~ ~~-fi vie easement i~r the ~~ pose ~ access and r~°~ain~enance ~i ~~ existing sani~a~y sev~e~ r~raain situated in ~ p~rti~n ~~ c~ve~-n~rten'i Lit. `~ ~~ ~ecti~rr ~ ~, i unship ~ ~rth, Range ~ fast, ~~ise ieri~ian, ~it~ ~i ~€ idian, ,~~~ ~~a~nty, lah~ ~~~ rn~re particula~'I+~ descril~ecl as ~nll~+~~y~s: ~~t~nlrnencing ~~ ~~ the ~Ic~rth~~vest corner ~~ ~ecti~n '~ ~, ~h~r-~~~ ~~,iic~~rin~ the ~~~~ I~~~-i+~ lire ~i~ s~i ~ecti~n, 1~~9°~.9'~3"~ ~ distance c~~ ~-d~l.~~ feet ~c~ ~ pQin`~; ~ hence leavin ; saki r~~~herl+~ line and ~~lla~+~in,~ the ~.vesterle~J ~°igl~~v-~,~-~~a+~ line ~i ~~uth I~Jlain ~tree~, ~~°15'~~~„~ a distance psi 3~5.6~ ~eei it3 ~ paint; Whence leaving said ~vesterl~J sight-~~~-~a~~ line, ~~~9°~~'3~"J ~ distance ~~ ~.~~3, ~i'ee'~ i~ ~~he u ~ ~~ T fence ~~?°~~'t~~"'~~l a distance cat ~~~.~:~ feet tc~ a pint; hence ~~°5~°~'~"~ a dis~ance ~s ~~.7~ Beet tc~ a pc~in~; Thence i~3~~°3.~'~"~J a distance ~i ~~.~ ~ee~ tc~ a ~®int; Thence ~Ofl°5'3~"E a distance ~~ ~2,9~3 feet tc~ a pni~~t; -i-hence ~~°S~'[~" a is~ance fli ~~~.~-9 ~ee~ ~c~ a p~ir~~; Thence S~9°1o'36'°~ a distance ~f ~~.~~ feet t~ the i~~ ~n ~ ~ ~~ '~ ~a ~aicl parcel cc~n~ains 5,~~~~ square feet g~~~re car less anti is s~~~ajec~ t~ all e3cis~ing easernen~s anal/~r r~igh~s- ~~-+a~ay tai rec®rci ur i~-nplied. f=it~~~~e l~ei"e~~ is ~;~htl~~'~ ~ ~;~hi=r i~~J i.l"9~~ f"~erc~"~Ce i~ i"il~~~ ~ ~~c~~$ ~'~l~..r~~. i i i I d 60 30 -- ~- 0 - - r _ 60 - ~ -- ~ ; I j , -- ~ ~ , ~ I ~ ~ ,I ~,~~J~~:il iii ~li~ ~J- 'i~'i~'f .~ - - it ENGINEERS. SURVEYORS. PLANNERS 9233 WEST STATE STREET ~~~ BOISE, IDAHO 83714 PHONE (208) 639-6939 FAX (208)639-6930 ~E ~~ _ - 12459 ~~ ~® `~ I;~ ~ ~~ ~,~ _-_ -- SECTION CORNER O PROPERTY CORNER CALCULATED POINT PARCEL BOUNDARY ------ -EASEMENT LINE - - - SECTION LINE s s EXISTING SEWER MAIN DATE: 4-15-2013 ~I~ III PROJECT: 13-ODl SHEET; ~~F1 XH I IT 13 TATES RENTS - SANITARY SEinlR EASEi~/IENT A PRTfC~N F ~~i/'T LET ~, SCTI N 1~, T3N, R1E, 13f0~, 'I - - - CITY F 11~fRIf~IAN, Af~A C~I~NTY, t®AN - - _~i