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Home My WebLink AboutSanitary Sewer and Water Main Easement with Primeland Development for Bridgetower Subdivision..F ' Y 1 V~1_ `w~ `. i~u~ l.Ut~~ y '~ ~t.~r ~l~lr J. ~,r~~r,~'1 4.m ~!l~,Ri~CI r~,. t i!~ r v R ~a 7~D i MR 2 9 P ~~1 ! ~ ! ~ f7tC4 pE0-F~~O ST 0`" 7 i 142579 SANITARY SEWER LINE AND WATER MAIN EASEMENT THIS INDENTURE, made this 24~day of ~1~~- , 20 ~~ ,between Primeland Development Company, LLP, 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 desire 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: 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. SEE ATTACHED EXHIBITS A, B, C, AND D. IT IS EXPRESSLY UNDERSTOOD AND AGREF,D, 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. 0601/Sews Sanitary Sewer and Water Easement.doc THE GRANTOR does hereby covenant with the Grantee that he is lawfully seized and possessed 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. Frank S. Varriale, Managing artner 1111 S. Orchard, Suite 115 Boise, Idaho 83705 ACKNOWLEGMENT: STATE OF IDAHO ) ss. County of Add ~~)~ ~/ On this ~ day of ~~'~~-`~ ~ , 20 ~r ,before me, the undersigned, a Notary Public in and for said State, personally appeared Frank S. Varriale, Managing Partner ,known or identified to me to be the person who executed the within instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~ n ~ /~ gb~~,~,~~d~~,, e ~ ~ ~+ to ~' i3 _ ~ s ~~" ~ ~ F3~ ~ %~ ems Cf •, ` ~( i. ~ 6' 1 ~I.y Y. ~ ~~ - ! QTY J ~_ ;~ J 0601/Bews Sanitary Sewer and ~~~~r~E~~einent.da~ ,~ ~ ,, ~~~~`.~c .~~~x4` ~~ 1'~o ary Public for the State of Idaho siding at: 4a My Commission Expires: CITY OF MERIDIAN ACCEPTANCE: D. Corrie, Mayor \•tih ~ ,~ I ~: ;~ ~.~L e ~~ 9 ~ ~~, .Y ~~ Attest By William G. Be , C' y Clerk `'YIQV~ch ~, 2DO/ Date Approved by City Council 0601/Bews Sanitary Sewer and Water Easement.doc E~iIBIT A DESCRIPTION FOR WATER EASEMENTS PROPOSED BRIDGETOWER SUBDIVISION NO. 1 February 15, 2001 Two easements for water line construction and maintenance, located in the South % of Section 35, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Water Easement No.1 Commencing at the southeast corner of the Southwest'/4 (South'/4 comer) of Section 35, Township 4 North, Range 1 West, Boise Meridian; thence N 00°26'55" E 618.30 feet along the east line of said Southwest'/4 to a point, thence N 00°00'00" E 48.77 feet to the REAL POINT OF BEGINNING of this easement description; Thence N 14°35'53" E 37.54 feet to a point; Thence S 75°24'07" E 22.50 feet to a point; Thence S 14°35'53" W 37.54 feet to a point; Thence N 75°24'07" W 22.50 feet to the REAL POINT OF BEGINNING of this easement description, said easement covering 845 square feet, more or less. Water Easement No.2 Commencing at the southeast corner of the Southwest'/4 (South'/4 corner) of Section 35, Township 4 North, Range 1 West, Boise Meridian; thence N 00°26'55" E 765.45 feet along the east line of said Southwest'/4 to a point, thence N 00°00'00" W 88.83 feet to the REAL POINT OF BEGINNING of this easement description; Thence N 69°52'20" W 25.00 feet to a point; Thence N 18°37'23" E 21.00 feet to a point; Thence S 69°52'20" E 25.00 feet to a point; Thence S 18°37'23" W 21.00 feet to the REAL POINT OF BEGINNING of this easement description, said easement covering 525 square feet, more or less. Michael E. Marks, PLS 4998 0601/0601.watease.des.doc EXI~IIBIT B DESCRIPTION FOR SANITARY SEWER EASEMENT PROPOSED BRIDGETOWER SUBDIVISION NO. 1 November 10, 2000 An easement for sanitary sewer line construction and maintenance, located in the South'/2 of Section 35, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the southeast corner of the Southwest'/4 (South '/4 corner) of Section 35, Township 4 North, Range 1 West, Boise Meridian; thence N 00°26'55" E 255.75 feet along the east line of said Southwest'/4 to a point on the northerly right-of-way of Fivemile Creek; thence N 62°08'33" W 100.98 feet along said northerly right-of-way to the REAL POINT OF BEGINNING of this easement description; Thence continuing along said northerly right-of-way N 62°08'33" W 15.00 feet to a point; Thence N 28°00'00" E 308.30 feet to a point; Thence N 14°35'53" E 48.57 feet to a point; Thence S 62°00'00" E 26.26 feet to a point; Thence S 28°00'00" W 355.51 feet to the REAL POINT OF BEGINNING of this easement description, said easement covering 5,600 square feet, more or less. LAIyD Michael E. Marks, PLS 4998 ~r q~~o~l~l ~~~~ ~~~~~~ ~,0~~~4 0601 /0601. ssease. des. doc E X H I B T ~~ C ~~ / \\1 \ \ ~~ ~~ ~ WATERRY \ \/ ~ = EASEMENT No.2 \ / / ~~ ~ \\ \ / \ ~ ~ / ~ I \ \ °~ ~ ~ ~ , ~~ ' ~ ' ~~ 0~`QSED BRID 'OW~R ~ \ / SU DIVISION o.1 / ~ / ~ ~~ ~ ,~ ' ~. ~ ' ~ ~ ~ ~ ~ ,r \~ / . ~ '~~~ _`-_ / I I I I 18 19 1 3 24 SECTION CORNER Found Brass Cap C.P.&F. No. 9018195 ~ / I ~ / ~ ~ I F M~~F F/~ CRFF~r T 1 \ I ~ PROPOSED PRIMELAND SUBDIVISION W. USTICK ROAD - - - - - - ~~ ~/~=TEMPORARY WATER EASEMENT S 1/4 CORNER SECTION 35 POINT OF COMENCING BRIGGS ENGINEERING, INC. TEMPORARY WATER EASEMENTS REVISION "~'" Rw PROPOSED BRIDGETOWER SUBDIVISION No.l ~f2I G G S LOCATED IN THE S 1/2 OF SECTION 35, T.4N., R.1 W., B.M. SHEET ADA COUNTY, IDAHO (208)344-9700 1 OF 1 1800 W. OVERLAND ROAD DESIGN DRAFT SCALE DATE DWG.NO. BOISE, IDAHO 83705 DPM 1" = 100' 02/15/01 0601 0601-WATEASE.DWG TEMPORARY WATER EASEMENT No.1 ~Np eRO FR C yTTFO ~FRgsFs sea EXHIBIT D h•A~SF~\ S 62. 0 ~ ~ 2626 ~ ~~~ F ~~ e~A,~ ~'~' ~'LA L c~ o~F ~~ ~.~ yes ~o S~, ~S ~O ~~- ~ \ ~ cposS/~c V ~~~ ~~ i\ / Q~oQ ~~~~ / \ ~~ / _. \ ~ P OPOSED PROPOSED SEWER LINE o~ BRIDC~ETOWER NO. 1 0~ h^ ~ ~~. .4, ^~ / oo r~ .o° °~ / ~~o° N. ~ ti ~ `' ~ SANITARY SEWER EASEMENT 5600 SF +/- REAL POINT OF BEGINNING ~~ ISO N~2 pB. ~ \ ~~ ~ ~ o ~ \ S~~~p~~ ~~ f~ ~ ~` ~ T \ Q,~S ~ ~ ~~ I ~ \ v \ ^~~ I ~ \ C_ ~ ~~~ ~ ~~ ~~ ~ ~vU~b ~\ ~~ ~~ ,9 ~~ c ~ OF ~' ~ \ ~) \ ~ -. ~ ~~ ~ N ~ O~ ~ ZI ~ \ ~ ~ ~ ~ ~ \ W. USTICK ROAD I SOUTH 1~4 CORNER - -----~ SS ECTI O N 35 BRIGGS ENGINEERING, INC. SANITARY SEWER EASEMENT REVISION ENGINEERWC BRIDGETOWER SUBDIVISION N0 1 $ f2 I G G S LOCATED IN THE SOUTH 1/2 OF SECTION . 35 SHEET ' T.4N., R.1W., B.M., MERIDIAN, ADA COUNTY, IDAHO 1 of 1 (208)344-9700 i800 W. OVERLAND ROAD DESIGN DRAFT SCALE DATE DWG. NO. BOISE. IDAHO 83705 BKB 1" = 100' 11/10/00 0601 0601-SSEASE.DWG