Loading...
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 ~~ r % ~~ Ig v G~ 1 ~ ~', .< 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, ••...••' 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 3~ F ~ ~ ~lO b~ NI N 89'13'22" W 20.00' POINT OF BEGINNING 3, ~ w Z W ~ `ao• 'o o o o M M ' I ~ °I' c O c o d. `O W O ~ .r M "~ fn Z o' •o rn ~ z ~20.00~ S 89' 13'20" E is 51214120661 2155 STEVEN BAINBRIDGE/DAVID CONLEY