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
,~~ }
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Trent Tate, Partner
Sewer Main Easement Tates Rents Sewer
Easement proposed final v2
STATE OF IDAHO
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County of Ada )
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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.
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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
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Tammy de W,e~r~l; Mayor
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IDAHO
~' SEAL
City Clerk , r~9 o USE°~
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Approved By City Council On:
STATE OF IDAHO )
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County of Ada )
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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 • • •. •
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Sewer Main Easement ~ ~ ~ jF 1~~'
Easement proposed fmal v2 ° ° '' ~
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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
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~aniia~ ~ev~Jer ~~s~~ r~~~~.
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~~~ ~~-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~~.
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it ENGINEERS. SURVEYORS. PLANNERS
9233 WEST STATE STREET
~~~ BOISE, IDAHO 83714
PHONE (208) 639-6939
FAX (208)639-6930
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~~ _ -
12459
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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