HomeMy WebLinkAboutSanitary Sewer Easement with Howell Murdoch Development Corporation for Cedar Springs Subdivison No. 1 through Settlers Park 9/24/02RECORDED•RFQU'~
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SANITARY SEWER EASEMENT
THIS INDENTURE, made this ~ day of ` 2~~-'between Howell Murdoch Development
Corporation, the parties of the first part, and ereinafter 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 right-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.
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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-~vay 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:
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resident
Secretary
STATE OF IDAHO
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County of Ada )
On this ~ day of , 2~i; b ore me, th unde igned, Notary
Public in and for said State, person y appeared ~~Lli~ L~ _ and
5
own or identified to me to be the President a~
of the corporation that executed the within instrument, and
acknowledged to me that such corporation executed the same.
IN WIT'NES , I have he unto set m hand and affixed official seal the day
and year _ ~~ n_,, _
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GRA E: CITY OF MERIDIAN
ert D. Conie, Mayor
,~~~-- ems- ~.
Attest by William G. Berms, Cit Clerk
Approved By City Council On: _ se~~P~.~Qr 24L
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Project:
Date:
11746
August 5, 2002
EXHIBIT A
CEDAR SPRINGS SUBDIVISION N0.1
SANITARY SEWER EASEMENT
J-U-B ENGINEERS, Inc.
ENGINEERS • SURVEYORS PLANNERS
Regional Office
250 South Beechwood Avenue, Suite 201
Boise, ID 83709-0944
208-376-7330
Fax: 208-323-9336
A description for the purpose of a 20.00-foot sanitary sewer easement , being a portion of
Section 36, T.4N., R.1W., B.M., Meridian, Ada County, Idaho, and more particularly as follows:
A strip of land 20.00 feet wide tying 10.00 feet on each side of the following described line,
the sidelines of which to be prolonged or shortened at the respective terminating line;
Commencing at an Aluminum Cap marking the Southeast corner of Section 36, T.4N.,
R.1W., B.M., Meridian, Ada County, Idaho; thence North 20°05'12" West, 2108.96 feet to a point
lying on the Southerly Boundary of Cedar Springs Subdivision No.1 as shown on the official Plat filed
in the office of the recorder of Ada County, Idaho, said point being the TRUE POINT OF BEGINNING;
from which a Brass Cap marking the East 1 /4 corner of said Section 36 bears North 48°47'05" East,
1015.51 feet;
thence South 38°10'22" East, 95.79 feet to a point;
thence South 17°08'00" East, 92.16 feet to a point;
thence South 00°45'21" West, 483.68 feet to a point lying on the Southerly Boundary of the
Howell-Murdoch Development Inc. property as shown on the official Record of Survey No. 4958,
Instrument no. 100030102 in the office of the recorder of Ada County, Idaho said point of being the
POINT OF TERMINATION, said point lying North 25°46'41" West, 1481.04 feet from the Southeast
corner of said Section 36, said point of termination also lying South 27°27"02" West, 1438.12 feet
from the East 1 /4 corner of said Section 36.
END OF DESCRIPTION
GAL the
F:\projects\11746\descriptions\11746SEwERl.doc
Prepared by:
Gary A. Lee, P.E./L.S.
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J-U-B ENGINEERS, Inc.