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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 G Sewer MainEaseiP yen� UBL� O •�•= Rushmore-Sewer- Main-Ease.doc �'�,� T9 •a•u ��O•` �••i 7'g pF ��.��` 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) ' • •• OF 1VQ'•• ••8660•• Sewer Main Easement Main-Ease.doc TARY PU IC FOR HO 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' -________________ 4s 3 _ — — _ _ _ _ — — _ — _ ¢ W I 1 m N C 1 3 � � I / WATER MAIN c_2 ¢ EASEMENT SEWER & WATER 5 I I MAIN EASEMENT BLOCK I _ I I I I I 1 1 I � ® O I 1 R1 0cK 1 R0"1;KCRE-E-K SUBDIVISION! 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