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HomeMy WebLinkAboutSanitary Sewer and Water Main Easement with Touchmark of the Treasure Valley for Touchmark Living Center,, i.,~; r-1lT~S~ ~k i^4~~1'Vd 44~1.~ i - r Z~fl2 sA { 4 A~{ 10~ 1 ~ R~CQRD~O-1t~QUEST Ur" S~'~ 1O2a~35O1 rows corr. ~. SANITARY SEWER AND WATER MAIN EASEMENT ...~.~ THIS INDENTURE, made this 22 day of ~~b4', 2001 between TOUCHMARK OF THE TREASURE VALLEY, 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 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. Sanitary Sewer and Water Main Easement Page 1 0901- sewerwaterease#2.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: Werner G. Nistler, Jr., resident STATE OF OREGON County of Washington ss On this 22 day of (~ ~i~lb~ , 2001, before me, the undersigned, a Notary Public in and for said State, personally appeared Werner G. Nistler, Jr. ,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 fist above written. .__.__ OFFICIAL SEAL THERESA M. ©ATES NOTARY PUBLIC F OREGON NOTARY PUBLIC-0RE(iON • COMMISSION NO.348889 //~~ MY COMMISSION EXPIRES AUG. 14, 2005 Residing at ~ (/1v1 CI.L- C~(~ Commission Expires: Sanitary Sewer and Water Main Easement Page 2 0901- sewerwaterease#2.doc GRANTEE: CITY OF MERIDIAN ~}~~tit~k~t*€~ rr~a~~.. obe D. Corrie, Mayor `~~- ~.~ ~~'~ '~~~ ,~* ~+;~' %/J~ 4'' G... j Attest by William G. Berg, ity Jerk ~ ~` ~, +,~ Approvel sy City Guncil On: // 7 4/ ~'°,~ 9~p- ~~` ~~'~ Sanitary Sewer and Water Main Easement Page 3 0901- sewerwaterease#2. doc Exhibit "A" City of Meridian Sanitary Sewer and Water Easement Easement No. 1 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 N06°50'24"E 39.01 feet to a point; Thence N89°26' 11 "W 32.19 feet to a point; Thence S06°50'24"W 39.01 feet to the Real Point of Beginning of this description. City of Meridian Sanitary Sewer Easement Easement No. 2 Commencing at the Northwest corner of Section 16, T.3N., R.IE., 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 % of the NW '/4 of said section 16; Thence S89°26'11"E 738.37 feet along said north line; Thence S44°54'04"E 42.77 feet to the Real Point of Beginning of this description; Thence S44°54'04"E 28.52 feet to a point; Thence S89°26' 11 "E 370.56 feet to a point; Thence NO°33'49"E 20.00 feet to a point; Thence N89°26' 11 "W 390.89 feet to the Real Point of Beginning of this description. C:\2000\09\0901\Correspondence\Out-going\Exhibit A.doc EXHIBIT ~w B ~~ ~ S oGSO'24' W PARCEL 7 ROS NO. 5304 39.01' I _ N 89'26'11" W L_ _ 32.19' r I ~ EASEMENT N0. 1 ~ I - Vf • I N S N 08'50'24' E ~ 39.01' I ~ 1 I ~~~ I ~ I ~ ~ GRANTOR: 20'- TOUCHMARK OF THE I TREASURE VALLEY. LLC I 1 5150 SW GRIFFTH DRIVE PARCEL 8 I 150, BEAVERTONe OREGON 47005 ROS NO. 5304 I I 1 ~ S 44 54'04" E 28.52' PARCEL 3 ~ ROS NO. 5304 EASEMENT N0. 2 -- 20' Z PARCEL 1 RAS NA_ l53AS BRIARS EN~NLERING, INC. BRIAA8 orates Pur~RS suav~rorts teoo w. av~,wo aaen ~ eox~, nuio error ~ (~oa)3++-e~ao T lixxb a°"'"ya ar ~' portlon tliereof, shall not °° used DESIGN on airy Project or extenalorro of this Project except by aAMen apiaenwR tram ~ ire. ha. N 00'33'49" E \ 20.00' MERIDIAN CITY SANITARY SEWER AND WATER EASEMENT TOUCHMARK OF THE TREASURE VALLEY, LLC PORTION LOCATED IN THE NW 1 /4 OF SECTION 16, 3N., R.1 E., B.M., MERIDIAN, ADA COUNTY, IDAHO DRAFT SCALE DATE DWG.NO. MEM NTS 9/6/01 0901 REVISION SHEET 1 OF 1