HomeMy WebLinkAboutSanitary Sewer and Water Main Easement with St. Luke's Regional Medical Center for St. Luke's PortionRECORDED -REQUEST OF
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SANITARY SEWER AND WATER MAIN EASEMENT
THIS INDENTURE, made this ~ day of f ~~y~i1,' 2001 between ST. LiJKES REGIONAL
MEDICAL CENTER, LTD. ,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 sole and limited 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 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 or performing 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 after the
date of this easement which is in violation of this easement.
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THE GRANTORS hereby covenant and agree that after the date of this easement 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 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.
GRA OR:
UPS/"
Gary F etc er, Executive Vice- resident
STATE OF IDAHO )
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County of Ada )
On this ~~h day of ~~~ , 2001, before me, the undersigned, a Notary
Public in and for said State, personally appeared Gary Fletcher ,known or identified to
me to be the ExecutiveVice-President, of the corporation that executed the within instrument,
and acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I hay
and year fist above 'ten.
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~e hereunto set my hand and affixed my official seal the day
NOTARY PUBLIC2'FOR IDAHO
Residing at /~~~~~~
Commission Expires: ~ • ~7 X00
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GRANTEE: CITY OF MERIDIAN
Ro rt D. Corrie, Mayor
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Attest by William G. Berg, City Clerk
Approved By City Council On:
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Exhibit "A"
City of Meridian Sanitary Sewer and Water Easement
Commencing at the Northwest corner of Section 16, T.3N., R.lE., B.M., thence SO°30'52"E
1331.39 feet along the West line of said Section 16 to a point;
Thence S89°35'25"E 1011.32 feet to the Southeast corner of Montvue Park Subdivision;
Thence NO°20' 17"W 2.21 feet along the east line of Montvue Park Subdivision to a point on the
North line of the South %2 of the NW '/4 of said section 16;
Thence S89°26' 11 "E 344.09 feet along said north line to the Real Point of Beginning of this
description;
Thence S89°26' 11"E 32.19 feet to a point;
Thence S06°50'24"W 30.18 feet to a point;
Thence S89°26' 11 "E 395.88 feet to a point;
Thence S44°54'04"E 28.52 feet to a point;
Thence N89°26' 11 "W 418.40 feet to a point;
Thence S06°50'24"W 77.13 feet to a point;
Thence N89°35'25"W 32.20 feet to a point;
Thence N06°50'24"E 127.52 feet to the Real Point of Beginning of this description.
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BRIGGS ENANlEERMiA~ NC. MERIDIAN CITY SANITARY SEWER AND WATER REVISION
EASEMENT
B R I Q O S ST LUKES PORTION
LOCATED IN THE NW 1/4 OF SECTION 16, SHEET
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~eao w. a~wu aan ~ eon, lava anos ~ (~ae)~--s~ao T.3N., R.1 E., B.M., MERIDIAN, ADA COUNTY, IDAHO 1 OF 1
n~ ~~ « ~, n~.°r ~~ ~ ~ ~.a DESIGN DRAFT SCALE DATE DWG.NO.
°" °"Y °w r,~„ ~~' ~ MEM NTS 9/6/01 0901 EXHIBIT