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HomeMy WebLinkAboutSanitary Sewer and Water Main Easement with Western Ada Recreation District for Storey ParkAOA COUNTY RECORDER Christopher D. Rich AMOUNT .00 BOISE IDAHO 07!21111 12:49 PM DEP~Y ~c~ Allen III IIIIIIIIIIIIIIIIIIIIIIIIIIII III III RECORDED-REQUEST OF 1110~5~089 City of Meridian SANITARY SEWER AND WATER MAIN EASEMENT ~~ THIS INDENTURE, made this ~~ / day of ~ v~v~a~ , 200 between ~Q~~r~ ~a ~~C~'ea~7~v~ ,Dis~rt~C'~' the arties of the first art, and hereinafter called the p p 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 an assigns orever. 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 EASMT.S&W.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: President Secretary STATE OF IDAHO County of Ada ss On this ~~-~' da of ~~~ ~ ~ 20 ~ before me the undersi ed aNo Y ~ ~ ~ _gn ~ ~'Y Public in and for said State, personall appeared ~~ ~~ r"-o~ v ~ and ~ ~ ~. ~~ r ~ known or identified to me to be the President and Secretary, respectively, 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 wri ,,,•~'~~ . sr~'~~•. .• 4~ .~ ~ ~ ~~ ~' ~T A~ ~ ~ •~~' i ~ ; ~ • p 1G ~ ~ 81~ •.~-~. os Sanitary Sewer's ~al~~l1~ +~asement :.~~~~ ,~ NOTARY PUBLIC FOR IDAHO Residing at: ~~ ~~ "~--~ ~ Commission Expires: ~ ~,~ 6 ~~ Z.. EASMT.S~W.doc GRANTEE: CITY OF MERIDIAN Tammy de ,Mayor S ' !y /~ `~3~r~*.,rt~" ord. \' ~ ~~~~ C ~ F ~ 1 ~ E,fi, Attest by J~~ee L. Holman, City Clerk r N Approved By City Council On: STATE OF IDAHO County of Ada ss ." .,~~ .,.~ ~~ .. ]jt R Y.. >~ ~``~> y~,.,,g" w,. Mt r ~ X t ~ M 'gyp ,• f C.~ i? `: + ~ ~'S, 4 F' ~, ~s On this day of ~ , 20 ~ ~ ,before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE L. HOLMAN, 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. ~, ~..~ o~~ •. ti-'~,AR~~~~ : N ARY PUB IC FOR AHO ~' 0 ~' ~~ Residin at: ~ . ~~ ~ ~ g :~'; Commission Expires: ~,h ~ ~ r ~p• ~~ Q"1 ~ 4 1`-~~j '~.. ///~ "~:i~• Sanitary Sewer and Water Main Easement EASMT,S&W.doc TEALEY'S LAND SURVEYING 187 E. 50th Street ~ Garden Gity, Idaho 83714 (208 385-0536 Fax (208) 385-0696 Project. No.: 3365 EXHIBIT ~~A~~ Date: January 21, 2010 DESCRIPTION OF CITY OF MERIDIAN SEWER MAIN EASEMENT AT MERIDIAN COMMUNITY POOL A parcel of land being a portion of the Northwest 114 of Section 18, T.3N., R.1E., B.M., Meridian, Ada County, Idaho, and more particularly described as follows: COMMENCING at the North 1l4 corner of said Section 18, marked by a brass cap; thence along the North line of said Section 18 South 89°20'05" West 1309.06 feet to the Northeast corner of Government Lot 1 of said Northwest 1l4 of Section 18; thence along the East line of said Government Lot 1 South 00°40'03" West 414.24 feet to the POINT OF BEGINNING; thence continuing South 00°40'03" West 2.52 feet to a point; thence North 51°52'37" West 154.27 feet to a point; thence North 38°52'29" East 18.75 feet to a point; thence South 51°07'31" East 19.67 feet to a point; thence South 38°52'29" West 16.49 feet to a point; thence South 51°52'37" East 133.04 feet to the POINT OF BEGINNING. Said Parcel Contains 634 Sq. Ft., more or less. F ~ ~~~ ~' 0. e ?.>, z ~~ [~ YI ~,~~'~ ~~ ~ ,~ _ ,~ ~. }t ,. ^a~Y ~ ..:; r~ r T,w. ~~ ~; ._ ` g ~~ ~,, ~ .~, ~AY ~p4`F' 41.7 ~kt, -~ ~`yl ~; • / wS~~'JS~C~"' 7 l 3365-sewer-ease-Desc.doc jdw EX~IIIBIT "B" CITY OF MERIDIAN SEWER MAIN EASEMENT EXHIBIT AT STOREY PARK LYING IN THE NW I/4, SECTION 18, T.3N., R.IE., 6.M., MERIDIAN, ADA COUNTY, IDAHO NE COR. NORTH GOV. LOT I I/4 COR. E. FRANKLIN ROAD ° " 2401.71' 7 (2 ~ N 89 20 05 E 13 18 1092.65' i 1309.06' 18 I p I Z Q I I ~ I I ~ I W I ~ ° I II S 51 07 31 E I 19.67' I i I I I ~- I N O I ~t ~ d~ S 38°52'29" W ~ i 3 16.49' I _ I cn I o I o I ~. I ° 2.00' ~ EXISTING SEWER I o MAIN LINE I ~~~'~ 4 ., r . l I U, ~ MAIN EASEMENT ` ~ %~~ ~ '~, ~~.:~ %~r~' I ~ ~ ~> '~ = 634 S Ft. ,~ S + ~ ~~ '' ~k ~ C'^4~ I~ ~ } ail ~i ff ~~~...,///J M1 /'l /.. ~ ~ wr.Jf eo.. i /~ Y, iv 1 J "ID . ~ ~ ~~ t: b e `> o F, I ~~#~ - /}.aa. .~ . 0 15 30 60 SCALE IN FEET I" = 30' 13365-EXHIBITS.dwg 12-28-09 13:35:22 JWargo ,i~ ~l. ~. t• /`' S 00°40'03" W °~. ~-- ,-, 2.52' ~;- ~-~ ~ r ,y- i ,p I.I ~~1 S l1J ~~~ I`, ll. ~ ~ 1-/ !-\ t-~ /~~ I Ll. ~- ,, ,. , -rFe~ ~v~~ i eNn ~~ ~RV~v~N~ Iti/ ~.RS I 7U1t1 5 I Ktt I ~---~ (,AKUtN (.I I Y , IU. tS,~/ 14 208-385-0636 N 38 ° 52' 29" E 18.75' d T TEALEY'S LAND SURVEYING 187 E. 50th Street • Garden City, Idaho 837 4 ~2as~ ~8~-066 Fix ~~08 j 385-0696 Project. No.: 3365 EXHIBIT ~~A~~ Date: January 21, 2010 DESCRIPTION OF CITY OF MERIDIAN WATER MAIN EASEMENT AT MERIDIAN COMMUNITY POOL A parcel of land being a portion of the Northwest 1/4 of Section 18, T.3N., R.1 E., B.M., Meridian, Ada County, Idaho, and more particularly described as follows: COMMENCING at the North 114 corner of said Section 18, marked by a brass cap; thence along the North line of said Section 18 South 89°20'05" West 1309.06 feet to the Northeast corner of Government Lot 1 of said Northwest 114 of Section 18; thence along the East line of said Government Lot 1 South 00°40'03" West 613.37 feet to the POINT OF BEGINNING; thence continuing South 00°40'03" West 21.91 feet to a point; thence North 65° 14'29" West 93.65 feet to a point; thence North 52°17'11" West 342.72 feet to a point; thence North 89°18'23" East 27.36 feet to a point; thence South 52°17'11" East 291.04 feet to a point; thence North 28°34'49" East 20.69 feet to a point; thence South 61°25'11" East 20.00 feet to a point; thence South 28°34'49" West 22.71 feet to a point; thence South 65°14'29" East 90.54 feet to the POINT OF BEGINNING. Said Parcel Contains 7,910 Sq. Ft., more or less. ~~. ..~- ~:{ ~ 'r,. 4 ~ ~ 11 5 ~ i ~ ~' G' .~. , r'';~ :t: rR G~ G ~. 1 ;1 FY's ~ ~~'~' a ~* !'a ~.~:~ , 7 G- ter, "!' ,,~. lnyy ( 1~ ~ f~ ~ ~ rY ~ Vc'I~ ~ ~i I 1 l..' s fi~ Y 13 :1 ~l ~`~ ..a 4~, : K 1 ~.'f~y p4111 ~,,) r~ 3. `~! t~~ E~ {t~ dfi Q~J1~+' F w ,~~, ~,. 3365-water-ease-Desc.doc jdw EXHIBIT "B" CITY OF MERIDIAN WATER MAIN EASEMENT EXHIBIT AT STOREY PARK LYING IN THE NW I/4, SECTION 18, T.3N., R.IE., B.M., MERIDIAN, ADA COUNTY, IDAHO E. FRANKLIN ROAD I2 7 N 89°20'05" E 2401.71' 13 I$ 1092.65' 0 z a 0 w N 89 ° 18'23" E /27.36' CABLE FENCE 17.00' EXISTING WATER MAIN LINE ~' S S .+ c' ~~~ .°, ~/ ~~~~' ~ ~~~ S~ ° ~ /~, 9~0 /~,, ~ J~A ~, . ?~ :. - , ~, ~~ ~ ~ w c~ • i ` IA I t ~ ~ ~ ~ ~, , -., ,. ,,~ .•, . i; .~' ~ .+ . ~~ JL ~ ~`- 0 30 60 120 SCALE IN FEET I" = 60' 3365-EXHIBITS.dwg 01-21-10 08:13:35 JWargo Q 111 POOL .. ~ ~ ~~ S 28°34'49" W 22.71' ~ S 6S 9~• S4 , WATER MAIN EASEMENT ~4 ~29,~ P ~~ .B AREA = 7,910 Sq. Ft. E ~ 1 ~~~ ~ ~~ 20.00' ~,~ ~~~ ~' ~r~ 6S° S 00°40'03" W 3 rt ~ :r 8,~. ai~o ~ i ,+~(~ 4 s ra '~ 1 ~ ~, / 2 I.9 I' ., i ~ 1 / d e5 ` _ °a f ~ ~ ~(A r' a ~ ~ ~ ~ ~ .:~~ t ~ L ~ ~ (n yy!! I, Et~ F ~ ~ ,~'.~ M_ , ~1y ei~, t ~ f S `~ i,~ ~~~ G.~ ~ ~~. ~ ~ C ~ ~ 0 ~ ~ 26 } K. ~j„Y+'t e? ~ YYY ~~ J 5 y~,., lr ~7 a ~^'~ .r ,rv, s, "' ~. Y ~j ~d R ~ 4d ~'^ ,.,~ •p_R~~Ff a~7 :its v !" ey" ( t'~ ~F' f ~y ~`n ;' ;1 . L a ~ 4 ~ ~ '~ '~ s2S l tl'l~"~'~" ~y ~.''t~,~'~ '~' a z ~- ~s d M ' ~ L y y y 1 ~ `y~ „ ~ ~!„° 4 6A1 V li; ' ~t~ ~ a yi P ~ EYING ND SU TEALE RV 187 EAST 50th STREET GARDEN CITY, ID. 83714 208-385-0636 w NE COR. NORTH GOV. LOT I I/4 COR. 7 i ~~ 1309.06' 18 I I of ~' ., ~~ m~ 1 1 12.54' ---- -~ I I .U~~'~ m .. ~ cri .oa a. ~ .a ~w _ ;,- d ~ ( (''f) ~i. ~.. O ~'i t- •. o ,-, ~, ~.~ «. ~- -, , a ° ~. O , O •'' «. ~ ~ \\~, ~ I~ / N 28 ° 34' 49" E ~ ~ ~ ~ 20.00' ~ ,-, ~-~ Q ,d ~ Ll. I ,-, ti 20.b9,' ~ . ~ a - "~ ~ ~-