Sanitary Sewer Easement with The Club at Spurwing, LLC for Spurwing ChallengeE IDIAN:---
Community Development
Department
TO: Mayor Tammy de Weerd
Members of the City Council
FROM: Denny Cline
DATE: 6/26/13
Land Development Services
Meridian City Hall, Suite 102
33 E. Broadway Avenue
Meridian, Idaho 83642
SUBJECT: Spurwing Challenge Subdivision
I. RECOMMENDED ACTION
A. Move to:
1. Approve a Sewer Main Easement for the City of Meridian, located on the
site of Spurwing Challenge Subdivision within a portion of the vacated
Right-of-way, as recorded as Instrument Number 113060014.
2. This easement provides the City of Meridian access to a public sewer main
installed in the newly created private street N Spurwing Lane.
3. Authorize the Mayor to sign the easement, and the City Clerk to attest.
II. DEPARTMENT CONTACT PERSONS
Bruce Chatterton, Community Development Director
Bruce Freckleton, Development Services Manager
Denny Cline, Development Analyst II
Denny Cline,
ent Analyst II
Development Services Manager
884-5533
489-0362
489-0371
Recommending
Approval
Ph: 208.887.2211 ~vww.meridia~c~ org Fax 208.887.1297
ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00
BOISE IDAHO 07/03113 01:52 PM
DEPUTY Bonnie Oberbillig III IIIIIIIIIIIIIIIIIIIIIIIIIIIIII I III
RECORDED-REQUEST OF 113~7~~~~
Meridian City
SANITARY SEWER EASEMENT
THIS INDENTURE, made this'~'`'"'`day of , 2013 between ~ ~~~-~ ~~UY ,the
~~
parties 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.
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 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 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
Sewer Main Easement EASMT.SWR.doc
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: THE CLUB AT SPURWING, LLC,
an Idaho limited liability company
By: I..-~G-. ~~~.
Its: Manager/Owner
STATE OF IDAHO
ss
County of Ada )
--t~--
Onthis ~(~~'' day of ~~CLL1 , 20 l ~, before me, the undersigned, a Notary
Public in and for said State, personally appeared ~ ~~r iS~-r~ 4->~`~~r . ~- l~~c~er ~~~~
before me, ~`~y'ho, being by me first duly sworn, declared that he/she is the
~'1'1G`~lG~~,ts'(~~,~-~,z~ of THE CLUB AT SPURWING, LLC, that he/she
signed the foregoing document as {`Vl~tv~~~G~e:- lit-.-1- ~'` of THE CLUB AT
SPURWING, LLC, and that the statements therein contained are true.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year fist above written.
DANIELLE SUTTON
Nolary Public
State of Idaho
NOTARY PUBLIC FOR IDAHO
Residing at: `~~~ ~'~(~ (G~G'1
Commission Expires: ~
Sewer Main Easement EASMT.SWR.doc
GRANTEE: CITY OF MERIDIAN
~a~;Cen wUCUST
er ,Mayor ~ ~~~~~~ ~~-> >,~
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W
c~t~ or
L. Holman, City Clerk
Approved By City Council On
STATE OF IDAHO )
ss
County of Ada )
J ~/
. ~~q ~f /A :'CCU F ASV/
On this `~ Yn ~r1 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.
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Sewer Main Easement EASMT.SWR.doc
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Quadrant
Consulting, Inc.
April 16, 2013
EXHIBIT A
North Spurwing Lane
Sanitary Sewer Easement
An easement located within a portion of the Vacated Right-of--Way of North S urwing Way as
described in a Quitclaim Deed ~•ecorded as Instrument Number D ~ ,records of Ada
County. Said easement also being located in a portion of the Southeast'/4 of the Southwest'/4 of
Section 23, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County,
Idaho and being more particularly described as follows:
Commencing at the Southwest corner of said Section 23, thence South 89° 11'21 "East 2627.61
feet along the South line of said Section 23 to the South'/4 corner of said Section 23, thence
leaving said South line North 29°46'40" West 1089.92 feet to the North line of said Vacated
Right-of-Way of North Spurwing Way and t11e POINT OF BEGINNING, thence continuing
along said Vacated Right-of--Way of North Spurwing Way
North 90°00'00" West 20.04 feet, thence leaving said Vacated Right-of--Way of North Spurwing
Way
South 03°40'43" East 119.00 feet, thence
South 02°02' 11" West 299.18 feet, thence
South 87°57'49" East 20.OU feet, thence
North 02°02'11" East 300.18 feet, thence
North 03°40'43" West 118.71 feet to the said
and the POINT OF BEGINNING.
Vacated Right-of-Way of North Spurwing Way
Said easement contains approximately 8,371 square feet, or 0.192 acres more or less.
Page 1 of 1
1904 W. Overland • Boise, ID 83705 Phone (208) 342-0091 Fax (208) 342-0092 www.quadrant.cc
Civil Engineering • Surveying
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SUBDIVISION ~ ~ ~,~
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20 00'
1 :3 ~ ~ LINE TABLE
i LINE BEARING LENGTH
LLq _ _ ~ L1 N90'00'00"W 20.04
L2 503'40'43"E 119.00
L3 502'02'11"W 299.18
~ L4 587'57'49"E 20.00
~ ~ I LS N02°02'11"E 300.18
L6 NO3'40'43"W 118.71
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VACATED ~ _ °~°
N SPURWING WAY ~ 5 9~.
22 2~
27 26 1/--
C.P.F.
//106064774
S 89'11'21" E 2627.61_
W CHINDEN BOULEVARD
GRAPHIC SCALE
~ 1~~ Z~G
( IN FEET )
I 1/1 CIl = 2G~ ft.
- - RICHT-OF-WAY LINE
SPURVlING CHALLENGE SU801VISION LOT LINE
EASEMENT LINE
SECTION LINE
VACATED RIGHT-OF-WAY LINE
1 I SPURWING SUBDIVISION LOT
L~ SPURWING CHALLENGE SUBOMSION LOi
O FOUND AWMINUM CAP
EXHIBIT B ^^
NORTH SPURWING LANE ^^Quadrant
SANITARY SEWER EASEMENT
LOCATED IN A PORTION OF THE Consulting, Inc.
SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 23, T.4N., R.1W., B.M. +9Ga well D~,lo~a Rona
Boise, IOOBO 83)05
CITY OF MERIDIAN, ADA COUNTY, IDAHO (208) 342-0091 PHONE (208) 3a2-0092 FAX
CINL ENGINEERING-SURIEYING
LEGEND
23
1/4 COR C.P.E.
//106139967