Sewer Main Easement Revised with Bainbridge, Steve and Conley, Dave for Parcel 19 #1E 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 21, 2013
Mayor Tammy de Weerd
Cky Cornell Membeeu
Keith Btrd
Brad Hoaglun
Charles Rountree
David Zaremba
SUBJECT: APPROVE THE REVISED SEWER MAIN EASEMENT WITH STEVE
BAINBRIDGE AND DAVE CONLEY FOR A SANITARY SEWER MAIN TO
THEIR PROPERTY AS PART OF THE ACHD FRANKLIN -TEN MILE TO
CINDER PROJECT
(NEXT AVAILABLE CONSENT AGENDA)
L RECOMMENDED ACTION
A. Move to:
1. Approve a revised sewer main easement with Steve Bainbridge and Dave
Conley for a sanitary sewer main to their property as part of the ACHD
Franklin Road -Ten Mile to Linder Project
And
2. Authorize the Mayor to sign the document.
II. DEPARTMENT CONTACT PERSONS
John Boyd, (Project Manager) ....................................
Clint Dolsby, Assistant City Engineer .........................
Warren Stewart, Engineering Manager ........................
John McCormick, Deputy Director of Public Works ..
Tom Barry, Director of Public Works .........................
....489-0347
....489-0341
....489-0350
....489-0378
....489-0372
Page 1 of 2
III.
DESCRIPTION
A. Back rg ound
1. A sanitary sewer easement was previously acted on and approved at the April
9`" 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.
IV
B. Proposed Revised Easement
1. This revised sanitary sewer easement will allow future development of the
subject property without having to enter Franklin Road to connect to sanitary
sewer.
IMPACT
A. Fiscal Impact:
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
VI.
TIME CONSTRAINTS
A. The revised easement needs to be acted on and recorded so the City can maintain and
service the installation if needed.
LIST OF ATTACHMENTS
A. Signed and notarized Easement Agreement with Exhibits A and B for the following
property:
Parcel No Property Owner Easement Tvne
S 1214120661 -Parcel 19, Easement 1 Bainbridge/Conley Sewer Main
Approved for Council Agenda: Z3
Warren Stewart, PE, Engineering anager Da e
Page 2 of 2
ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00
BOISE IDAHO 05!29!13 09:57 AM
DEPUTY Bonnie Oberbillig III IIIIIIIIIIIIIIIIIIIIIIIIIIIII II III
RECORDED-REQUEST OF 113~5~51~
Meridian City
SEWER MAIN EASEMENT -REVISED
PARCEL 19 -EASEMENT NO. 1
BAINBRIDGE/CONLEY
~~
THIS INDENTURE, made this ~ day of _ , 2013 between
Steve Bainbridge and Dave Conley, the parties of the f t 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 sewer main right-of--way across the
premises and property hereinafter particularly bounded and described; and
WHEREAS, the sewer main is to be provided for through an underground pipeline to be
constructed by others; and
WHEREAS, it will be necessary to maintain, service and subsequently connect to said
pipeline from time to time by the GRANTEE;
NOW, THEREFORE, in consideration of the benefits to be received by the GRANTORS,
and other goad 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 main 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 sewer line
and its allied facilities, together ~x~ith its maintenance, additional connection thereto, 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 construction, making repairs, performing other maintenance or making subsequent
connection to the sewer line, GRANTEE shall restore the area of the easement and adjacent
property to that existent prior to undertaking such construction, 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.
Sewer Main Easement -Revised Page 1 of 3
Parcel 19 Easement No. 1-Bainbridge/Conley
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.
County of Ada
ss
On this ~~ day of ~~~ ~ , 2013, before me, the undersigned, a Notary
Public in and for said State, personally appeared Steve Bainbridge and Daue Conley, identified to me
to be the owners that executed the within instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
fist above written:'. ~ .
~TA~
~~~ nG ~ = NOTARY U FOIZ IDAHO
~~E ~Q~ Residing t: ~~-e M1
f~' - c~~ ~ Commission Expires: c
Sewer Main Easement -Revised Page 2 of 3
Parcel 19 Easement No. 1-Bainbridge/Conley
STATE OF IDAHO )
GRANTEE: CITY OF MERIDIAN
Tammy de Weer ,Mayor ~~_.~~~L° ~U~UST
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City of
. I;IID~ IAN*-'
IDAHO
L. Holman, City Clerk ~ ~.
~, SEAL ~1
F.L _ _.A
Approved By City Council On:
STATE OF IDAHO )
ss
County of Ada )
On this ag ~ day of /,~~ , 20~, 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.
~SICA J~•.•• -
h'~,,~~t
,~~ ~ ARY PUBL C FOR I AHO
(SEAI~~ ,' w Residing at: l~P,r tG~ (twz ~ L7
• Commission Expires: c~ ot,~t ~ _ ayl ~
~.~q .~gL~G 4~ sus,
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Sewer Main Easement -Revised Page 3 of 3
Parcel 19 Easement No. 1-Bainbridge/Conley
EXHIBIT A
UTILITY EASEMENT DESCRIPTION
FOR THE
CITY OF MERH)IAN, IDAHO
PARCEL 19 - BAINBRIDGE/CONLEY
EASEMENT NO. i -REVISED
An easement for utility purposes located in the NE Y 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 %n
from which a brass cap monument marking the northeasterly corner of said NE Ya 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 951.75 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 continuing S 0°46'38" W a distance of 36.00 feet to a point;
Thence S 89°13'22" E a distance of 20.00 feet to a point;
Thence N 0°46'38" E a distance of 36.00 feet to a point;
Thence N 89°13'22" W a distance of 20.00 feet to the POINT OF BEGINNING.
This parcel contains 720 square feet (0.016 acres) and is subject to any other easements existing
or in use.
Prepared by: Glenn K. Bennett, PLS
Civil Survey Consultants, Incorporated
Apri125, 2013
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
951.75' 1706.14' 14 13
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51214120661
2155
STEVEN BAINBRIDGE/DAVID CONLEY