Sanitary Sewer and Water Main Easement with Bryson, Bart L. for Redfeather Subdivision
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 04/22104 11:00 AM
DEPUTY Bonnie Oberbillig
I RECORDED-REQUEST OF
Meridian City
, AMOUNT ,DO
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104048418
SANITARY SEWER AND WATER MAIN EASEMENT
THIS INDENTURE, made this - day of March, 2004, between BART L. BRYSON, the party of
the first part; hereinafter called the Grantor, and the City of Meridian, Ada County, Idaho, the party
of the second part; 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 wiII 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 grant unto the Grantee the
right-of-way for a permanent easement for the operation and maintenance of sanitary sewer
and water mains over and across the following described property:
(EXHIDIT "A" ATTACHED)
The permanent 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 ofthe Grantee, with the ftee right of access to such
facilities at any and all times.
TO HAVE AND TO HOLD, the said permanent easement and right-of-way unto the said
Grantee, it's successors and assigns forever.
Sanitary Sewer and Water Main Easement - 1
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pagel-oLL
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
ofthis easement.
INDEMNIFICATION: Subject to the provisions of, and limitsofliability set for the in the
Idaho Tort Claims Act, Grantee shall indenmifY, defend and hold harmless Grantor from and
against all claims, actions or judgments for damages, injury or death caused by or arising out
of its' use ofthe Servient Estate.
THE GRANTOR hereby covenant and agree that they wiII not place or allow to be placed
any permanent structures or trees within the area described for this permanent easement,
which would interfere with the use of said permanent easement, for the purposes stated
herein.
THE GRANTOR hereby covenant and agree with the Grantee that should any part of the
right-of-way and permanent easement hereby granted become part of, or lie within the
boundaries of any public street, then, to such extent, such right-of-way and permanent
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 GRANTOR does 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 grant said permanent easement, and that they wiII warrant and forever defend
the title and quiet possession thereof against the lawful claims of all persons whomsoever.
Sanitary Sewer and Water Main Easement - 2
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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.
GRANTOR:
~~~
Sanitary Sewer and Water Main Easement - 3
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GRANTEE: CITY OF MERIDIAN
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STATE OF IDAHO)
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County of Ada)
On this ,,;¿~ day of ~ ,2004, before me, the undersigned, a Notary
Public in and for said State, personally appeared Bart L. Bryson, known or identified to me to be the
person who executed the within instrument, and acknowledged to me that he 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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NO 'ARY PUBLIC OR IDAHO
Residing at: Boise, Idaho
Commission Expires:
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STATE OF IDAHO )
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County of Ada)
On this ).1)#1 day of Aft;} ,2004, before me, the undersigned, a Notary
Public in and for said State, personally appeared Tammy de Weerdand William G. Berg, Jr., 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 fust above written.
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Sanitary Sewer and Water Main Easement - 4
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EXHIBIT A
CITY OF ~ERIDIAN SEWER/WATER LINE
EASE~ENT EXHIBIT FOR
REDFEATHER SUBDIVISION
LVING IN THE SW 1/4 OF THE NW 114, SECT, 4. T.3N..
R.IE.. B,"'..
AOA COUNTY. IDAHO
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0 2S SO 100
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SCALE IN FEET
I" 50'
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