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HomeMy WebLinkAboutURA RES 2018-39RESOLUTION NO. Zb - q BE IT HEREBY RESOLVED by the Chairman and Members of the Urban Renewal Agency of the City of Caldwell, Idaho, to authorize Chairman Hopper to sign the easement dedication, conveying all easement rights for the area delineated here in to the City of Caldwell for the purpose of utility operation and maintenance as outlined in this Easement Agreement attached. PASSED BY THE COMMISSION of the Urban Renewal Agency of the City of Caldwell, Idaho, this 12th day of November, 2018. APPROVED BY THE COMMISSION of the Urban Renewal Agency of the City of Caldwell, Idaho, this 12`h day of November, 2018. Ap o y: Attest: C ell URA Sec e ry �0.OTY OF % Q�P`TE •�iO�,: 0 Z? ♦ I r Memorandum To: Chairman Hopper and Members of the Urban Renewal Agency of the City of Caldwell Commission From: Robb MacDonald, P.E., City Engineer PA Re: Urban Renewal Agency — Utility Easement Dedication to City of Caldwell Date: Oct 31, 2018 The Urban Renewal Agency of the City of Caldwell Idaho is in possession of 1.35 acres (plus or minus) on the east side of Smeed Parkway, immediately south of 2203 Smeed Parkway (Price Pump) and immediately west of American Food Equipment Company (AMFEC). As depicted on the attached easement documentation, small utility easement is needed to cover a public sewer main line and manhole that resides just inside the north property line on this site. This easement area covers approximately 554 square feet in the northwest corner of the site. Request: Urban Renewal Commission to authorize Chairman Hopper to sign the easement dedication, conveying all easement rights to the City as outlined in this Easement Agreement attached. 2018-051688 RECORDED 11/14/2018 01:59 PM 111111111111111111111111111111111111111111111 00405195201800516880040047 CHRIS YAMAMOTO CANYON COUNTY RECORDER EASEMENT Pgs=4 SDUPUIS NO FEE EASEMENT CITY OF CALDWELL THIS INDENTURE, Made this _A—Z-4 klay of r ((p 6�C . 2018, between _ �ixt n���1cQ r of URBAN RENEWAL AGENCY OF THE CITY OF CALDWELL IDAHO, parties of the first part; and CITY OF CALDWELL, a municipal corporation, situated in the County of Canyon, State of Idaho, party of the second part; WITNESSETH: That the parties of the first part, for good and valuable considerations, the receipt and sufficiency of which is hereby acknowledged, do by these presents grant forever unto the party of the second part, its successors and assigns, for the purpose of constructing, operating, and maintaining general utilities, drainage lines, irrigation lines, sanitary sewer lines, and domestic water lines, with the necessary appurtenances thereto, and for accessing Grantees property, full and free right to enter upon the real property of the parties of the first part, said real property being described as follows: See Exhibits "A" and "B", comprised of one (1) page each, attached hereto and made a part hereof This easement is made subject to the following conditions: I . The easement described above is hereby perpetually reserved for the utility purpose herein set forth and no structures other than those for such utility purposes are to be erected within the limits of said easement. 2. The CITY OF CALDWELL shall have the right at any time to cut, trim, and clear all trees, brush, and other obstructions that may injure, endanger, or interfere with the construction, operation, or maintenance of said utility. 3. In exercising the rights granted herein, the CITY OF CALDWELL will not unreasonably interfere with the normal use of the premises and will, at its sole cost and expense and with due diligence, restore the premises to its original or better condition following any use of the easement either for construction, repair, maintenance, and/or replacement of said facilities and appurtenances thereto. 4. Utility easement shall be vacated upon the recordation of a final plat over the subject property providing public right-of-way to and over these facilities. Ez U1z-I8 TOGETHER With the right of ingress and egress on said real property for the purpose of constructing, operating, and maintaining said facilities and the necessary appurtenances thereto. IN WITNESS WHEREOF, The parties of the first part have hereunto set their hands and seals the day and year first above written. By: Title: STATE OF V4�15 ) Ss. County of /' On this �� day of �Vdf h1bZ-(' , in the year 2018, before me the undersigned, a Notary Public in and for said State personally appeared, known or identified tome to be the —of of the company that executed the foregoing instrument, or the person who executed the instrument on behalf of said company, and acknowledged to me that such company executed the same. ao �yA KtAy . A ti,• .� i COMMISSION _ Z NUMBER ++ tf►�+.� ('9113 ++.��C)OF ,�r 4A�' Notary P lic Residing at� My Commission Expires I Exhibit "A" A parcel of land located in the SW 1/4 SE 1/4 of Section 25, Township, 4 North, Range, 3 West, Boise Meridian, Canyon County, Idaho, the description of which is based on a Record of Survey recorded in Canyon County, Idaho as Instrument No. 2018002284, and is more particularly described as follows: COMMENCING at the S 1/4 Corner of said Section 25; thence along the West Boundary of said SW 1/4 SE 1/4 N00°40'40"E a distance of 1324.92 feet to a point marking the CS 1/16 of said Section 25; thence leaving said West Boundary along the North Boundary of said SW 1/4 SE 1/4 N89°36' 12"E a distance of 108.56 feet; thence leaving said North Boundary S44°16'31"E a distance of 753.97 feet to the Northwest Corner of Parcel C described in said Record of Survey: thence along the North Boundary of said Parcel C N89°36'53"E a distance of 41.63 feet to THE POINT OF BEGINNING; thence continuing along said North Boundary N89°36' 53"E a distance of 27.75 feet; thence leaving said North Boundary along a line 50.00 feet from and parallel with the Westerly Boundary of said Parcel C, said Westerly Boundary being coincident with the Easterly Right -of -Way line of Smeed Parkway S44016'3 1"E a distance of 27.75 feet; thence along a line 20.00 feet from and parallel with said North Boundary of Parcel C S89036'53"W a distance of 27.75 feet to a point 30.00 feet from said Westerly Boundary of Parcel C; thence along a line parallel with said Westerly Boundary N44116'31"W a distance of 27.75 feet to THE POINT OF BEGINNING. CS 1/16 CORNER SECTION 25 r S 1/4 CORNER SFcnON 25 LEGEND t _ _ 3 SUBJECT EASEMENT EXISTING PARCELS PRKWY ESTATE LLC E PUMP ;TURING CO. URBAN RENEWAL AGENCY OF THE CITY OF CALDWELL IDAHO (PARCEL "C INST NO. 2018002284) AL : 1"=150' CITYapm CF c�jIR-A�i R�EEN EWAL AGENCY �nui marv; DfPARfA�EM °�'" � "` afa® er. oto 621 UvOM 8M. OF TIIE CITY OF CAL,I)bVL1.L IDAHO GVE 7/31/2018 C?I.Gmif IDW 83605 ChLQWELLIL S (208) 455--.3006 F,11'I'sR LA�iL'1�I NT s FAX (203) 455-3012 EXHIBIT lIBIT "B" 1 OF 1 LINE TABLE LINE BEARING DISTANCE LI N8936'12"E 108.56' L2 N8936'53"E 41.63' L3 N89'36'53'E 27.75' L4 $44'16'31"E 27.75' L5 S89'36'53"W 27.75' L6 N44'16'31"W 27.75' LEGEND t _ _ 3 SUBJECT EASEMENT EXISTING PARCELS PRKWY ESTATE LLC E PUMP ;TURING CO. URBAN RENEWAL AGENCY OF THE CITY OF CALDWELL IDAHO (PARCEL "C INST NO. 2018002284) AL : 1"=150' CITYapm CF c�jIR-A�i R�EEN EWAL AGENCY �nui marv; DfPARfA�EM °�'" � "` afa® er. oto 621 UvOM 8M. OF TIIE CITY OF CAL,I)bVL1.L IDAHO GVE 7/31/2018 C?I.Gmif IDW 83605 ChLQWELLIL S (208) 455--.3006 F,11'I'sR LA�iL'1�I NT s FAX (203) 455-3012 EXHIBIT lIBIT "B" 1 OF 1