Sanitary Sewer and Water Main Easement with A. Lee and Dianne Centers for Biltmore Estates ADA COUNTY RECORDER Christopher D. Rich 2014-102387
BOISE IDAHO Pgs=S VICTORIA BAILEY 12/19/2014 10:48 AM
MERIDIAN CITY NO FEE
1111111 IIII III I IIIIIIIIIIIII 11111111111111111 I III
00050433201401023870050051
SANITARY SEWER AND WATER MAIN EASEMENT
THIS INDENTURE, made this \ day of DeLernb07, 20 etween A. Lee and
Dianne Centers, husband and wife, 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, service and subsequently connect to 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 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,
replacement and subsequent connection 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,performing maintenance,replacements or subsequent connections
to the sanitary sewer and water mains,GRANTEE shall restore the area of the easement and
adjacent property to that existent prior to undertaking such procedures. 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.
Biltmore Estates Subdivision No. 1 Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.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.
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THE GRANTORS hereby
covenant and agree with the GRANTEE that should any part of
the right-of-way and granted easementhereby become part of,or lie within the boundaries of
any public street, right-of-way then,to such extent,such ri ht-of-way and easement hereby granted which
lies within such boundarythereof or which is a part thereof,shall cease and become null and
void and of no further effect and shall be completely relinquished.
with the GRANTEE that they GRANTORS do hereby covenant are lawfully seized
and possessed
of the aforementioned and described tract of land, and that they have a good
and lawfulrightto cone
said easement, and that they will warrant and forever defend the
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title and
uiet possession thereof against the lawful claims of all persons whomsoever.
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IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their
signatures the day and year first herein above written.
GRANT• ' S:
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A ee Centers
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Dianne Centers
P. O. Box 518, Meridian, ID 83680
Address
STATE OF IDAHO )
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County of Ada )
this )-'i ov r4A,r 20 before me,the undersigned,a Notaryn of � � loday
Public in and for said State, personally appeared A. Lee Centers and Dianne Centers,
husband and wife, known or identified to me to be the persons that executed the within
instrument, and acknowledged to me that they executed the same.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day
and year first above written.
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GRANTEE: CITY OF MERIDIAN
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Tammy de rd, Mayor
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Attest b ycee L. Holman, 'L.)1/1 1-.).:',c„.11,_.,,,,i.(,-\„,:',1 1,i----
City Clerk 045,f,"_it.,,
Approved By City Council On: , :a t ;
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STATE OF IDAHO, )
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County of Ada )
On thisday of ILO 20 \21 , before me,the undersigned, a Notary
Public in and for said State, personally appeared a eared Tammy de Weerd and Jaycee L. Holman,
known to me to beMayor
the and CityClerk, 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.
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Biltmore Estates Subdivision No. 1 Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc
August 19, 2014
Description for Meridian City Sanitary Sewer & Water Easement
Biltmore Estates Subdivision No. 1
An easement located in the SW % of the NE 1/4 of Section 25, Township 3 North, Range 1 West,
Boise Meridian, City of Meridian, Ada County, Idaho, being a strip of land 33.00 feet in width, left
of and adjacent to the following described easement line:
Commencing at a Brass Cap monument marking the southeast corner of the NE % of said
Section 25, from which a Brass Cap monument marking the northeast corner of said NE 1/4
bears N 00°25'47" E a distance of 2642.94 feet;
Thence N 89°29'05" W along the southerly boundary of said NE % a distance of 1320.30 feet to
a 5/8 inch diameter iron pin marking the southwesterly corner of Meridian Heights No. 3
Subdivision as shown in Book 62 of Plats on Pages 6274 and 6275, Records of Ada County,
Idaho, also being the southeast corner of the SW% of the NE % of said Section 25;
Thence along the westerly boundary of said Meridian Heights No. 3 Subdivision and easterly
boundary of said SW 1/4 of the NE 14 N 00°25'59" E a distance of 1323.12 feet a 5/8 inch
diameter iron pin marking the northeast corner of said SW "1/4 of the NE %;
Thence along the northerly boundary of said SW 1/4 of the NE 1/4 N 89°23'26" W a distance of
89.90 feet to the BEGINNING POINT of said easement line;
Thence S 00°36'34"W a distance of 120.26 feet to the ENDING POINT of said easement line.
Said easement containing 3,969 S.F., more or less.
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SCALE 1'1=100' MERIDIAN CITY SANITARY SEWER ENGINEERING
DWG.DATE 08/19/14
AND WATER EASEMENT
PROJ. NO. 140219
PROPOSED BILTMORE ESTATES SUBD. NO. 1 SOLUTIONS
SHEET
1 OF 1
LOCATED IN THE SW 1/4 OF THE NE 1/4, 1029 N. ROSARIO ST., STE. 100 SECTION 25, T.3N., R.1 W., B.M. MERIDIAN, IDAHO 83642Phone (208) 938-0980 Fax (208) 938-0941
140219-SSEASE.DWG bkb MERIDIAN, ADA COUNTY, IDAHO ,