Sanitary Sewer Main Easement with Red Tail Communities, LLC for Redwing SubdivisionE IDIAN:--
Community Development
Department
Land Development Services
Meridian City Hall, Suite 102
33 E. Broadway Avenue
Meridian, Idaho 83642
TO: Mayor Tammy de Weerd
Members of the City Council
FROM: Denny Cline
DATE: 6/27/13
SUBJECT: Sewer Easement for Redwing Subdivision
I. RECOMMENDED ACTION
A. Move to:
1. Approve a Sewer Main Easement for the City of Meridian, located on the
site of Redwing Subdivision.
2. This easement provides the City of Meridian the ability to construct a
future public sewer trunk main to be installed adjacent to Meridian Road
within Redwing Subdivision's parcel.
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,
opment Analyst II
884-5533
489-0362
489-0371
Recommending
Approval
n, Development Services Manager
Ph: 208.887.2211 • www.meridiancity.org Fax 208.887.1297
ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 ;
BOISE IDAHO 07103!13 01:52 PM
RECORDED~nREQUEST OIF ~~ ~ ~ ~ ~~ ~ ~~ ~~ ~ ~~ ~~~~ ~ ~~ ~~ ~ ~~ ~~~~~~ ~ ~~~
Meridian City i 1.~~~4~,9?
SANITARY SEWER MAIN EASEMENT
THIS INDENTURE, made this~'~, day of ~~. ~,, c ! l ~, ( 2013 between Red Tail
Communities, LLC, 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;
WIT'NESSETH:
WHEREAS, the Grantors desire to provide a sanitary sewer main right-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, 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 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
sanitary sewer main at the convenience of the Grantee 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 main and its allied facilities, together with maintenance, repair, replacement and
subsequent connection thereto of sanitary sewer mains 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, its
successors and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,
that after making repairs performing other maintenance or making subsequent connection
to the sanitary sewer main, 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.
City of Meridian, Idaho
Sewer Main Easement EASMT.SEW 1-29-09 1-
29-09.doc
TI-lE, GRANTORS hereby covenant and agree that they will not place or allow to be placed
any permanent structures, trees, brush or perennial shrubs or dowers within the area
described for this easement, which would interfere with the use of said casement, 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 ot; 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 an of no further effect and shall be completely relinquished.
THE GRAN"FORS 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 parties of the first part have hereunto subscribed their signatures
the day and year first herein above written.
GRAN'COR:
Red Tail Communities, LLC
By: l~¢-1Vd Y ~~~11~f~~~
Its: Manager
STATE OF IDAI-10 )
ss
County of Ada )
-, ~ ~;
On this / ~~ day of . ~~~ {~ , 2013, before me, the undersigned, a Notary Public
in and for said State, personally appeared j~~;;,~ll,,;~ ;",,,_',i i~;., f; known or identified to me to be the
Manager of the Corporation that executed the within instrument, and acknowledged to me that
such company executed the same.
IN WITNESS WHEREOF, I have hereunto- set my hand and affixed my official seal the day and
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yeat• fist above written. a'y,=,t kr°:, ~ ~ . ,,..
~o~ ! 4~~NOTARY PLI~ 1L,IC FOR
9ot'1DL~~ ;'Residing at: ...~;~'~__~____
at .,~ .~~ Commission Cxnif•es: ','?
City of Meridian, Idaho °~'+v~~,.~.;:,°~..;~ew~'`
Sewer Main Easement EASMT.SEW I-29-09 1-
29-09.doc
GRANTEE: CITY OF MERIDIAN
T-a~n ,Mayor
Holman, City
Approved By City Council On
ly
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STATE OF IDAHO )
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County of Ada )
On this ~,~,~;~ da of
y ~~ ~) ~ ~~ , 2013, before me, the undersigned, a Notary Public
in and for said State, personally ap eared TAMMY DE WEERD and JAYCEE 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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1~I,0 ARY PUBLIC~FOR IDAILO
Residing at: ~teu • ~~ ~~, , - ~~
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City of Meridian, Idaho
Sewer Main Easement
29-09.doc
EASMT.SEW 1-29-09 I-
~~ ~ °~`" Page 1 of 1
May 10, 2013
Project No. 112168
City of Meridian Easement Description
Red Wing Subdivision
7,224 Sq. Ft.
Exhibit "A"
A tract of land situated in a portion of the Northwest One Quarter of Section 30, Township 3 North,
Range 1 East, Boise Meridian, Ada County, Idaho, described as follows:
COMMENCING at a found aluminum cap which monuments the Northwest Corner of said Section
30, which bears North 89°42'14" East a distance of 2,450.84 feet from a found brass cap which
monuments the North One Quarter Corner of said Section 30, thence following the northerly line of
said Section 30, North 89°42'14" East a distance of 89.29 feet;
Thence leaving said northerly line, South 0°17'46" East a distance of 56.67 feet to a point on the
southerly right-of-way line of East Victory Road, and being the POINT OF BEGINNING.
Thence leaving said southerly right-of-way line, South 0°25'49" West a distance of 375.63 feet to
the centerline of the Ridenbaugh Canal;
Thence following said centerline, North 44°08'23" West a distance of 28.50 feet to the easterly
right-of-way line of South Meridian Road;
Thence following said easterly right-of-way line, North 0°25'49" East a distance of 346.74 feet to
a point on the said southerly right-of-way line of East Victory Road;
Thence following said southerly right-of-way line, North 67°11'27" East a distance of 21.77 feet
to the POINT OF BEGINNING.
The above-described tract of land contains 7,224 square feet, more or less.
Attached hereto is Exhibit "B"and by this reference is made a part hereof.
Prepared By: THE LAND GROUP, INC
462 E. SNORE DRIVE, SUITE 100
EAGLE, IDAHO 83616 l~~yPL LA~rDs
208-939-4041 ~ Sf ~~'~
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Situated in a portion of the Northwest 1/4 of Section 30,
Township 3 North, Range 1 East, B.M.,
Ada County, Idaho
24 19 2013 E. Victory Road
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ENGINEER/SURVEYOR I PROJECT INFORMATION Scale: l"=60'
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Meridian, Idaho Exhibit B