The URL can be used to link to this page

Home My WebLink AboutSanitary Sewer Easement with Green Village Development for Heritage Grove No 3 ADA COUNTY RECORDER Christopher D.Rich 2016_035527 BOISE IDAHO Pgs=S DAWN TRIVOLIS 04/2812016 08:40 AM MERIDIAN CITY NO FEE 1111 III 1111111 111 1111 III 00218910201600355270050057 SANITARY SEWER EASEMENT THIS INDENTURE, made this 9(r, day of Cipr‘1 , 20l(a between Green Village Development, Inc.,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, 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 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 sewer line and their allied facilities, together with their maintenance, repair, replacement and subsequent connection 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,performing maintenance,replacements or subsequent connections to the sanitary sewer mains, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such procedures. 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. Sewer Main Easement—Heritage Grove No. 3 - pg 1 EASMT SEW 11-15-13.doc THE GRANTORS hereby covenant and agree that they will not place or allow to be placed 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: Tucker M. Johns.n Green Village t evelopment, Inc., President 372 S. Eagle Rd, Ste. 328 Eagle, ID 83616 STATE OF IDAHO ) : ss. County of Ada ) On this OZD day of Cl f I V , 2016 before me,the undersigned, a Notary Public in and for said State,personally appeared Tucker M. Johnson known or identified to me to be the President of the corporation 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 first above written. NI111Nf11 34) (SEWbb AR Y''•.� O 'Y PUB 1�, COR IDAHO :Jr Residing at: e = a Commission Expires: a/00R PU- gr \ F .`��,. yIflllllllllNttttllATE ON Sewer Main Easement—Heritage Grove No. 3 - pg 2 EASMT SEW 11-15-13.doc GRANTEE: CITY OF MERIDIAN � goRp,TED Au° (i9,.. `p Tammy de I,eer•, 'ayor E IDIArj , IOAMO �� '� SEAL �'i 2T �,P Attest by : •-- : - ., , ity Clerk Of the TREAS�` Approved By City Council On: 4/ 7oi(o STATE OF IDAHO, ) : ss County of Ada ) On this oho day of P►-'p r,\ , 20 t(c) ,before me,the undersigned, a Notary Public in and for said State,personally appeared Tammy de Weerd and Jaye-ft-L. Holman,-so j J°yes 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. • • C•` •• qae-k L L • . ' NO�� IDAHO (SEALS a, .4%%• NOTARY PUB C FOR exi: Residing at: -C f2 I/V' � D •••.v,• •,,, �,;. Commission Expires: 8-a=3_I �S • Sewer Main Easement—Heritage Grove No. 3 - pg 3 EASMT SEW 11-15-13.doc EXHIBIT A SANITARY SEWER EASEMENT DESCRIPTION FOR GREEN VILLAGE DEVELOPMENT INC. An easement located in the SE 1/4 of the SE 1/4 of Section 31,Township 4 North,Range 1 East, Boise Meridian, Ada County, Idaho,more particularly described as follows: Commencing at a brass cap monument marking the southeasterly corner of said SE '/4 of the SE 1/4, from which an aluminum cap monument marking the northeasterly corner of the SE 1/4 of said Section 31 bears N 0°31'11"E a distance of 2659.05 feet; Thence N 0°31'11" E along the easterly boundary of said SE 1/4 of the SE '/4 a distance of 983.52 feet to a point; Thence leaving said easterly boundary N 89°46'17"W a distance of 828.45 feet to the POINT OF BEGINNING; Thence continuing N 89°46'17"W a distance of 327.27 feet to a point; Thence S 0°34'10"W a distance of 20.00 feet to a point; Thence S 89°46'17"E a distance of 327.27 feet to a point; Thence N 0°34'10"E a distance of 20.00 feet to the POINT OF BEGINNING. This parcel contains 6,545 square feet (0.150 acres) acres and is subject to any other easements existing or in use. Prepared by: Glenn K. Bennett,PLS Civil Survey Consultants, Incorporated E< _{ August 24,2015 , Wzt! ta 5r 3l.> n 1 S 0'34'10" W - - - -I 20' I II' Yr o PRO o ` H � i-y"oou, o t' / kit.l. FS \..,47 i o - - a 11;1 �� . (0 0o 1 N 'ZC) O � Ill ` i Z, 0 III r11 (18466) 1 ---i FA ___ o k NI 20' � yO M 4-'0 x7) x N0'34'10" E J � � � mm Z c) $ zcD..< cooQ - m0 Wf C RNA' W � qqoo Iv N -{ ch NN 1;1Rl -2 A rn 983.52' 1675.53' 44' , uti N 0'31'11" E 2659.05' LOCUST GROVE ROAD •