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Release of Easement with Bainbridge, Steve and Conley, Dave for Franklin Ten Mile to Linder ProjectE IDIAN~- Public ~ D A H O Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: John Boyd Engineering Technician II DATE: May 22, 2013 Mayor Tammy de Weerd CHy Ceunell Mem6eryr Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: APPROVE THE RELEASE OF AN EXISTING SEWER MAIN EASEMENT WITH STEVE BAINBRIDGE AND DAVE CONLEY THAT WAS PREVIOUSLY RECORDED AS PART OF THE ACRD FRANKLIN -TEN MILE TO CINDER PROJECT (NEXT AVAILABLE CONSENT AGENDA) I. RECOMMENDED ACTION A. Move to: 1. Approve the release of an existing sewer main easement with Steve Bainbridge and Dave Conley as part of the ACRD Franklin Road -Ten Mile to Linder Project And 2. Authorize the Mayor to sign the documents. II. DEPARTMENT CONTACT PERSONS John Boyd, (Project Manager) ....................................... ...................489-0347 Clint Dolsby, Assistant City Engineer ............................ ...................489-0341 Warren Stewart, Engineering Manager ........................... ...................489-0350 John McCormick, Deputy Director of Public Works ..... ...................489-0378 Tom Barry, Director of Public Works ............................ ...................489-0372 Page 1 of 2 III. DESCffiPTION A. Background 1. A sanitary sewer easement was previously acted on and approved at the April 9~h City Council meeting and was recorded on April 10'h. When the time came to construct the sewer stub to the property the conflicts that were present (a home and power line) necessitated moving the stub to the east to avoid them. B. Proyosed Release of Easement 1. In order to record a new easement for the revised location of the sewer stub to this property, the City must release the existing easement. IV. IMPACT A. FiscalIm~act: 1. There is no fiscal impact to the City as this sewer stub was included in the project cost and the City has received reimbursement from the property owners. V. TIME CONSTRAINTS A. The release of the existing easement needs to be acted on and recorded so the City can record a new easement far the relocation of the sewer main. VI. LIST OF ATTACHMENTS A. Release of Easement with attached original Exhibits A and B (for reference). Approved for Council Agenda: ,~ z 13 arren Stewa ; PE, Engineering Manager DD t~ Page 2 of 2 ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 ; BOISE IDAHO 05!29113 09:57 AM DEPUTY Bonnie Oberbillig III I I III II II I II III II III II I II IIII II III RECORDED-REQUEST OF 1 Meridian City 113~~8~ 12 CITY OF MERIDIAN RELEASE OF EASEMENT WHEREAS, by easement dated April 9, 2013 and recorded on April 10, 2013 as Instrument Number 113038355 of the records of Ada County, State of Idaho, Steve Bainbridge and Dave Conley granted to the City of Meridian, an Idaho Municipal Corporation, a sanitary sewer main easement for the construction, operation and maintenance of a sanitary sewer line over and across the real property legally described and visually depicted on Exhibits A and B, attached hereto and incorporated herein. WHEREAS, the continuance of this easement is no longer necessary or desirable because the easement description does not accurately reflect the location of the easement. A separate easement that correctly identifies the location has been recorded and will not be affected by this release. NOW, THEREFORE, in consideration of the premises, the said City of Meridian does hereby release and abandon the said rights and easements hereinabove referred to and described, with the intent that the same shall forthwith cease and be extinguished. 1N WITNESS WHEREOF, THE CITY OF MERIDIAN has caused these presents to be executed by its proper officers thereunto duly authorized this ~ay of , 2013. CITY OF MERIDIAN ~~SfiD AUg~S 4`~. rl ~9 Tammy de eerd, Mayor ~' c`ty "f ~„ ~~E IDIAN~ DAHO ATTEST ~- w Jaycee L. olman, City Cler ``'~, w ~~~' ~F~`~~~de iRE ~S~'~'@ STATE OF IDAHO ) ss County of Ada ) On this~~' day of 1"l ~ , 2013, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holma ,know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument on behalf of said City, and acknowledged to me that such City executed the same. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) ®•"ZCA Jp'•. ~,'e~~ ~ • • , e • ~ ~ i . • ~ e • • ~ . ..~~ ~~. :.~ Note Public for aho Residing at: ~~-Q~~~ L~l d~-~'1 , Commission expires: ~~ a ,-~ y . d ~ ~ EXHIBIT A UTILITY EASEMENT DESCRH'TION FOR THE CITY OF MERIDIAN, H)AHO PARCEL 19 - BAINBRIDGE/CONLEY EASEMENT NO.1 An easement for utility purposes located in the NE'/a of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a 5/8 inch diameter iron pin marking the northwesterly corner of said NE '/4 from which a brass cap monument marking the northeasterly comer of said NE '/n bears S 89°13'22" E a distance of 2657.89 feet; Thence S 89°13'22" E along the northerly boundary of said NE'/, a distance of 811.76 feet to a point; Thence leaving said northerly boundary S 0°46'38" W a distance of 48.00 feet to the POINT OF BEGINNING; Thence wntinuing S 0°46'38" W a distance of 37.00 feet to a point; Thence N 89° 13' 22" W a distance of 20.11 feet to a point; Thence N 0°56'56" E a distance of 37.00 feet to a point; Thence 5 89° 13'22" E a distance of 20.00 feet to the POINT OF BEGINNING. This parcel contains 742 square feet (0.017 acres) and is subject to any other easements existing or in use. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated February 22, 2013 ,-, t~ ~ ~ E® '~0$t \~ F ~ ~ ~4' K, 8E~% EXHIBIT B SKETCH TO ACCOMPANY EASEMENT DESCRIPTION LOCATED IN THE NE 1 /4 OF SECTION 14, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO. 1/4 ~ SCALE: 1"=20' S 89'13'22" E 2657,89' 11 12 811.76' 1846.13' 14 13 3~ M ~ ~~ ~ m of "" NI POINT OF ~ BEGINNING S 89' 13'22" E 20.00' w I- 3 in' O W ~ b • ~ o g o :`~ ~~^ w O ~I~ O'M 4~ Z M•p ~ Z W to ~20.11~ N 89'13'20" W i i is i ~ 51214120661 2155 i STEVEN BAINBRIDGE/DAVID CONLEY I