HomeMy WebLinkAboutSanitary Sewer Easement with Van Hees Properties, LLC for Hark's Corner~_
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SANITARY SEWER EASEMENT
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THIS INDENTURE, made this ~$ day of ~~r^~~w,hP,-, 2001 between Van Hees Properties, 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 sewerright-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 and service 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 for the operation and maintenance of a sewer
line 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 sanitary
sewer line 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 in violation
of this easement.
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
Sewer Main Easement
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EASMTSWR
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.
STATE OF IDAHO )
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County of Ada )
On this ~(a~ day of November , 2001, before me, the undersigned,
a Notary Public in and for said State, personally appeared
Larry Van Hees ,known or identified to me to be a Managing Member of the Limited
Liability Company that executed the within instrument, and acknowledged to me that such
Limited Liability Company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year fist above written.
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Sewer Main Easement
NOTARY PUBLIC FOR IDAHO
Residing at Iy0--rnpQ , tda ,41.0
Commission Expires: 3 ~0`l / a ~
Page 2
EASMTSWR
GRANTEE: CITY OF MERIDIAN
Rob D. Corrie, Mayor ~,~,*'~, ~
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Attest by William G. Berg, ty Clerk ~ s:~.
Approved By City Council On: 12 l~ 0 '=,. ~'. ~ ''~~'-w~'
Sewer Main Easement Page 3 EASMTSWR
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PROJECT: 528235-02
DATE: November 7, 2001
EXHIBIT A
SEWER LINE EASEMENT
HARK'S CORNER
An easement being a portion of lots 2, 3, and 4 of Van Hees Subdivision, as filed for'record in the
office of the Ada County Recorder, Boise, Idaho, in Book 12 of Plats, at page 688, and situated in the
Northeast '/4 of the Northeast '/< of Section 14, Township 3 North, Range 1 West, Boise Meridian, Meridian
City, Ada County, Idaho, and more particularly described as follows:
Commencing at a brass cap monumenting the northeast corner of said Section 14, fromwhich an
iron pin monumenting the. northwest comer of said Northeast'/ of Section 14 bears North 89°13' 17" West
2657.87 feet;
..thence along the northerly boundary of said Section 14, North 89°13'17" West 281.64 feet;
thence leaving said northerly boundary South 00°46'43" West 45.00 feet to the southerly right-of-
way of Franklin Road, being the POINT OF BEGINNING;
thence along the centerline of a 20,00 foot wide easement being 10.00 each side of said centerline
the following courses:
South 00°46'43" West 9.17 feet;
thence South 12°32'29" West 106.00 feet;
thence South 00°46'43" West 107.00 feet;,
thence North 89°13'17" West 144.00 feet to the POINT OF TERMINUS.
Prepared by:
POWER ENGINEERS
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SCW/DGP
52823505.doc
POWER Engineers, Incorporated
1295 S. Eagle Flight Way
Boise, Idaho $3709
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Steven C. Wellington, P.L.S.
Page 1 of 1
Phone (208) 378-0022
Fax (208)_ 378-0025
EXHIBIT B
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