Sanitary Sewer Easement with Rushmore Investments, LLC for Rushmore Subdivision No. 1IDIAN--
Community Development
Department
TO: Mayor Tammy de Weerd
Members of the City Council
FROM: Denny Cline
DATE: 7/25/13
Land Development Services
Meridian City Hall, Suite 102
33 E. Broadway Avenue
Meridian, Idaho 83642
SUBJECT: SEWER EASEMENT FOR RUSHMORE SUBDIVISION
I. RECOMMENDED ACTION
A. Move to:
1. Approve a Sewer Main Easement for the City of Meridian, located on the
site of Rushmore Subdivision.
2. This easement provides the City of Meridian access to an existing public
sewer main located adjacent to Rushmore Subdivision.
3. Authorize the Mayor to sign the easement, and the City Clerk to attest.
II. DEPARTMENT CONTACT PERSONS
Bruce Chatterton, Community Development Director 884-5533
Bruce Freckleton, Development Services Manager 489-0362
Denny Cline, Development Analyst II 489-0371
Recommending
Denny Cline, Avelopment Analyst II
Approval
r klet n, Development Services Manager
Ph: 208.887.2211 www.meridiancity.org • Fax 208.887.1297
Rev: 01/2013
ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00
BOISE IDAHO 08114113 09:58 AM
RECORDED -REQUEST OF II ! I II I II II I II I II I I III I II I I II I II III
Meridian City 11 30920.2
SANITARY SEWER EASEMENT
/5 AU a54
THIS INDENTURE, made thisday of U� , 20/3 between�J9ri+�dix�iv�y �<c , 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 sewer 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 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
Sewer Main Easement Rushmore-Sewer-
Main-Ease.doc
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.
GRANTOR:
1�' d oi9E�`T A d/cc'!d, /%N?�/.f�iE� ,�c/.syo`1a�t iVv��i>f 1/�� �<c•
/oo ti
Address
Secr tary
STATE OF IDAHO
) ss
County of Ada )
On this aalloE day of 20 /3, before me, e undersigned, a Notary
Public in and for said State, personally appeared ee-/,� 4 n of
kn w � or identified to me to be he Pwg�
1'yl AWA C�/Z of the-eeM=-. that executed the within instrument, and
acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year fist, 4pyp.vWjt en.
(SEAL �•�4 �OTAR y �y
° NOTARY PUBLIC FOR IDAHO
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Sewer MainEaseiP
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Residing at: ,
Commission Expires: T --
GRANTEE: CITY OF MERIDIAN
,N_ � � 01
Approved By City Council On:
STATE OF IDAHO )
ss
County of Ada )
On this _1 �_ day of A U V , 2013 , 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.
069000
AIR
(SEAL) '
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Sewer Main Easement
Main-Ease.doc
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Residing at: k ck v -
Commission Expires:
Rushmore-Sewer-
TEALEY'S LAND 12594 W. Explorer Drive, Suite 150 • Boise, Idaho 83713
SURVEYING (208) 385-0636
Fax (208) 385-0696
Project. No.: 3682 EXHIBIT "A"
Date: July 18, 2013
DESCRIPTION
OF
SEWER MAIN EASEMENT
FOR
CITY OF MERIDIAN
RUSHMORE SUBDIVISION No.
A parcel of and being a portion of Lot 2 of West Lawn Subdivision, filed for record
in the office of the Ada County Recorder, Boise, Idaho in Book 2 of Plats at Page 94
lying in the SW 1/4 of Section 12, T.3N., RAW., B.M., Meridian, Ada County, Idaho and
more particularly described as follows:
COMMENCING at a brass cap marking the center of said Section 12; thence
along the North boundary of said SW 1/4 of Section 12, which is also the centerline of
West Pine Street
North 89030'16" West 654.34 feet to a point; thence leaving said North boundary
at right angles
South 00°29'44" West 30.00 feet to a point on the South right-of-way line of said
West Pine Street; thence along the extended West boundary and the West boundary of
Tremont Place Subdivision, as filed for record in the office of the Ada County Recorder,
Boise, Idaho in Book 81 of Plats at Page 8849
South 00°32'26" West 582.99 feet to the POINT OF BEGINNING; thence
continuing
South 00°32'26" West 178.18 to a point on the North right-of-way line of West
Broadway Avenue; thence leaving said West boundary
North 54052'17" West 9.72 feet to a point on a line that is parallel with and 8.00
feet West of said West boundary of Tremont Place Subdivision; thence along said
parallel line
North 00°32'26" East 173.38 feet to a point; thence
South 84°21'08" East 8.03 feet to the POINT OF BEGINNING,
Said Parcel of Land Contains1,406 Square Feet, more or less.
W:\3682\Docs\3682-Sewer-Ease-desc.doc-dnm
W
CENTER OF ,�/
SECTION 12 N �—�
0 25 50 100
SCALE IN FEET
I" = 50'
S 00°29'44" W IF .u.w. �yr
1 30.00' rASPAENT S 00°32'2 W z
582.99''
N 84°21'08" W
8.03' �
SEWER MAIN EASEMENT 11
1,4061 S.F. f , I
EXHIBIT "B"
SEWER MAIN EASEMENT
FOR CITY OF MERIDIAN
RUSHMORE SUBDIVISION No.
A PORTION OF THE SW 1/4, SECTION 12,
T.3N., R.IW., B.M.
MERIDIAN, ADA COUNTY, IDAHO
W 178.18' 1 1
TlIZ11ZZlf - ^ -fi-
173.38' N 54°52'17" W
I 9.72'
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SEWER & WATER
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3682-Water-Sewer-Ease.dwg 07-I8-13 07:23:12 dmarks
TEALEY'S LAND SURVEYING
12594 W. EXPLORER DRIVE, SUITE 150, BOISE, ID 83713
208-385-0636
CURVE
TABLE
CURVE
RADIUS I
DELTA ILENGTHI
BEARING
C- 1
48.00
26
C- 2
48.00'
S6°28'10"
47..31'
S 04 °36'08" ECHORD
45
3682-Water-Sewer-Ease.dwg 07-I8-13 07:23:12 dmarks
TEALEY'S LAND SURVEYING
12594 W. EXPLORER DRIVE, SUITE 150, BOISE, ID 83713
208-385-0636
E