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Home My WebLink AboutSanitary Sewer and Water Main Easement with Bear Creek, LLC for Bear Creek Subdivision{ 1��/ 1 EC RDC R ftL ,{)L/",,Yl.)../1( +J! `�C.li�IlU4.�-i\�QVL i �F A A COU?' Y RECORDER .1.0A'V10 ?gAVARR0 lii,"4'<1 (► FEA kDEP -- 6 2001MRI5 PM f:26 101023s23 SANITARY SEWER LINE AND WATER MAIN EASEMENT THIS INDENTURE, made this P day of �I�.Gk, , 20V�--, between Bear Creek, LLC , the party of the first part, and hereinafter called the Grantor, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantor desires to provide sanitary sewer line and water main rights-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer line and water main are to be provided through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the rights-of-way for an easement for the operation and maintenance of sanitary sewer line and water main over and across the following described property: See Exhibits "A and B", attached. The easement hereby granted is for the purpose of construction and operation of sanitary sewer lines and water main 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 rights-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantee, in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such repairs and replacement. However, the Grantee will not be responsible for repairing, replacing or restoring any permanent structures, large trees, or brush placed within the area described in this easement. THE GRANTOR hereby covenants and agrees that he will not place or allow to be placed any permanent structures, large trees, or brush within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR does hereby covenant with the Grantee that he is lawfully seized and possessed 990211 \Johnson Temporary Sanitary Sewer and Water Easements.doc of the aforementioned and described tract of land, and that he has a good and lawful right to convey said easement, and that he will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. That said easement shall be discontinued and ordinary use shall revert back to the underlying owner, in the event that the described property is properly constructed and completed in accordance with Ada County Highway District Standard Specifications and accepted as a public street through recordation of a final plat. IN WITNESS WHEREOF, the said party of the first part has hereunto subscribed his signature the day and year first hereinabove written. P. O. Box 344 Meridian, Idaho 83680 ACKNOWLEGMENT: STATE OF IDAHO ) ss. County of Ada ) On this � day of r , 20 iL_, before me, the undersigned, a Notary Public in and for said State, personally appeared Greg Johnson, Member, Bear Creek, LLC , known or identified to me to be the person who executed the within instrument, and acknowledged to me that said limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day 191134 and year 41- 1*se9MV4P first above written. «� N tary Public for the State of Idaho Residing at: _1=7r�j SR, %�+$�� My Commission Expires: d V 990211 \Johnson Temporary Sanitary Sewer and Water Easements.doc CITY OF MERIDIAN ACCEPTANCE: �" • • � 1Corrie,• ,/, &-,- a Aakr1 t (o, 2OO/ Attest By William G. Berj,'Citf Clerk Date Approved by City Council 990211 \Johnson Temporary Sanitary Sewer and Water Easements. doc Exhibit "A" DESCRIPTION FOR TEMPORARY WATER AND SANITARY SEWER (EASEMENT #2) BEAR CREEK, L.L.C. PROPOSED BEAR CREEK SUBDIVISION February 5, 2001 AN EASEMENT LOCATED IN THE NE Y4 OF SECTION 24, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SW CORNER OF THE NE V4 (CENTER Y4 CORNER) OF SECTION 24, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, THENCE N 00°51'53" E 819.43 FEET ALONG THE WEST LINE OF SAID NE % TO A POINT; THENCE S 90°00'00" E 350.00 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE N 00051'53" E 50.00 FEET TO A POINT; THENCE S 89008'07" E 21.00 FEET TO A POINT; THENCE S 00051'53" W 50.00 FEET TO A POINT; THENCE N 89008'07" W 21.00 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION. MICHAEL E. MARKS, P.L.S. NO. 990211\BC.UT.WSS.ease2.des Page 1 Exhibit "A" DESCRIPTION FOR TEMPORARY WATER AND SANITARY SEWER (EASEMENT #1) BEAR CREEK, L.L.C. PROPOSED BEAR CREEK SUBDIVISION February 5, 2001 AN EASEMENT LOCATED IN THE NE % OF SECTION 24, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SW CORNER OF THE NE % (CENTER % CORNER) OF SECTION 24, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, THENCE N 00°51'53" E 1075.43 FEET ALONG THE WEST LINE OF SAID NE % TO A POINT; THENCE S 90000'00" E 1196.72 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE N 90000'00" E 50.00 FEET TO A POINT; THENCE S 0000'00" E 17.00 FEET TO A POINT; THENCE S 90000'00" W 50.00 FEET TO A POINT; THENCE N 00000'00" W 17.00 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION. MICHAEL E. MARKS, P.L.S. NO. 990211\BC.UT.WSS.ease Ldes Page 2 »B> OVERLAND RD ---------EXHIBIT ------- j; o Z I+: ;Ir I.I. ii.. N. I� II I I.I ..I TEMPORARY WATER AND SANITARY SEWER lil EASEMENT No. 1 (850 SF) TEMPORARY WATER AND SANITARY SEWER jil' EASEMENT No. 2 (1050 SF) o Ili I. O !i. PROPOSED PARK SITE m N I�I CENTER 1/4 CORNER SECTION 24 _ 'I It POINT OF COMENCINGOf I Y w W a ill �► O N �Ilil --1-�-1- w I.. V) III LLJ VICTORY RD. ss \� BRIGGS ENGINEERING, INC. TEMPORARY WATER AND SANITARY SEWER EASEMENTS REVISION BEARCREEK, L.L.C. EIJGWEE RIG ' BRIG G S BEAR CREEK SUBDIVISION SHEET LOCATED IN THE E 1/2 OF SECTION 24, T.3N., R.1 W., B.M. (208)344-9700 MERIDIAN, ADA COUNTY, IDAHO 1800 W. OVERLAND ROAD DESIGN DRAFT SCALE DATE DWG.NO. BOISE IDAHO 83705 PM 1" — 1 1 9 1 1 L-- I A ra :. EL B 1 OF 1 D — 500 0 /29/0 902 990211 UTIL.DWG