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Home My WebLink AboutSanitary Sewer and Water Main Easement with Seagle Three, LLC for Doris Subdivision r e ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 5 BOISE IDAHO 02101/07 01 :43 PM ~~~~~~E~:~~~u~:f OF 11/111111111/111111111111111111111111 Meridian City 1121712115560 ........~~ ---------._- -..-- -,"' SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this 3rd day of November, 2006 between Seagle Three, LLC, 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 and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for 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 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 sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains 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 HA VB 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 perrorming 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. Sanitary Sewer and Water Main Easement EASMT.SW MAIN! Page \ nQ ,,~. e e 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:~ ! AM-?t ~ .President J11 JtTJ<4c.. b~ - St:--J46 LC' Th 12- G"~ t ~ C- I Secretary ~ ~ - County of Ada STATE OF IDAHO) ) ss ) On this .....3 day of Alove/J~""'--- , 20 ~ before me, the undersigned, a Notary Public in and for said State, personally appeared 1101v/1::. p. i2f.. f;{ 0/, and , known or identified to me to be the resident and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. j M&RCUSHlNG Naby PublIc SIaIe 01 Idaho IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. Sanitary Sewer and Water Main Easement EASMT.SW MAINl page~oQ .,-",. ,---......, e GRANTEE: CITY OF MERIDIAN Approved By City Council On: zf~~~l- STATE OF IDAHO, ) ss. County of Ada ) On thisU day of Jt:t lUi a/L-l-~/ , 20~ before me, the undersigned, a Notary Public in and for said State, personally appeared AMMY DE WEERD and WILLIAM G. BERG, JR., 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. (SEAL) ........ .!.,;sglf~4i;:.~ l~OT~.A~" . : I .. . , I . . I I . . I , . . .. / . · ,(l,.' A-...' · · .;.::.I'i.;.Y..ljM\v....~.. ..~ OF U).r-.- .... j)j7 {X? "Ii J;y~(ct;p--". NOTARY PUBLIC FOR IDAHO Residing at: '.7"Yu. !/.:JC-. Jj Commission Expires: /6'-/j~-(( Sanitary Sewer and Water Main Easement EASMT.SW MAIN 1 ':)3.ge..~,,3-of 5 PARCEL DESCRIPTION October 25, 2006 PROJECT: PARCEL NO.: 1330 E. Fairview Ave. Utility Easement A parcel ofland being a part of Lots 2 and 3, Block 2, of Doris Subdivision, as shown in Book 16 of Plats at Page 1080, and as shown on Record of Survey 7535, Ada County Records, located in the southeast Y. of the southeast Y. of Section 6, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at a brass cap monument, Comer Record No. 9391309, marking the southeast comer of said Section 6, Township 4 North, Range I East, Boise Meridian; Thence North 89028'27" West coincident with the south line of said Section 6, a distance of 1153.40 feet; Thence North 00020'04" East, 70.54 feet to a 5/8" iron pin marking the southwest comer of Parcel A as shown on said Record of Survey 7573; Thence South 89025'37" East coincident with the south line of said Parcel A, 153.26 feet to the POINT OF BEGINNING; Thence North 00020'04" East, 22.71 feet; Thence North 89036'56" West, 15.99 feet; Thence North 00020'04" East, 10.00 feet; Thence South 89039'56" East, 15.99 feet; Thence North 00020'04" East, 240.97 feet; Thence South 89051'05" East, 25.00 feet; Thence South 00020'04" West, 241.05 feet; Thence South 89039'56" East, 6.01 feet; Thence South 00020'04" West, 10.00 feet; Thence North 89039'56" West, 6.01 feet; Thence South 00"20'04" West, 22.82 feet to the south line of Parcel B as shown on Record of Survey 7535; Thence North 89025'37" West coincident with the south line of said Parcel A and B, 25.00 feet to the POINT OF BEGINNING. The parcel above described contains 7064 square feet or 0.162 acres more or less. Together with and subject to covenants, easements and restrictions of record. Basis of Bearing for this parcel is Record of Survey No. 7~35, Instrument No. 200600003. License No. 5461 D vid S. Short Jr. End of Description page~of 5 EXHIBIT "A" SEAGLE THREE. UC-UTIUTY EASEMENT A PORTION OF LOTS 2 AND 3 BLOCK 2. OF DORIS SUBDIVISION, LOCATED IN THE SE 1/4 OF SECTION 6. T :1 N. R 1 E.. B. M.. CITY OF MERIDIAN. ADA COUNTY, IDAHO 2006 25.00' S 89'51'05" E ;.... ;.., '" <:i "! ... :; '" '" '" ,. ~ . -Ii ... ~ ti S> '< 0 f" 0 ~ 0 0 0 '" <:i Vl '" . ~ S S9!j!n~" 8,p '" .0 0,,", - &v S9'36 56 <: 15.99' ,. 6.01' ~. 5 S9'J9'56" E~8 ~ f'lci 8- 89i8/W WVl S 89'25'J7" E 153.26' .... .... . ?i1) ~~ 8 <: N 89'28'27" W 1153.40' SE COR SEC. 6 COR REC # 9367309 POINT OF COMMENCEMENT 6 5 7 8 J'VMJEY~ TREASURE VALLEY ENGINEERS, INe. 1204 6TH STREET NORTH NAMPA. IDAHO 83687 (208) 463-0305 FAX (208) 463-4391 mailfJTreasure ValleyEngineers. com ENGINEERS. P/.4NNERS . SURVEYORS VISIT OUR /YEB SITE: Jl'Ww,TreasureValleyEngineers.cQm ~ <;..:> ... l::l Page-!:Lof 5