Sanitary Sewer and Water Main Easement for Franklin Rd, Black Cat to Ten Mile with Richard and Nancy Ellis ADA COUNTY RECORDER Christopher D.Rich 2015-116563
BOISE IDAHO Pgs=5 BONNIE 12/23/2015 10:19 AM
MERIDIAN CITY NO FEE
IIIIIIIIIIIIIII 11111111111111111 I III
00178074201501165630050053
SANITARY SEWER AND WATER MAIN EASEMENT
THIS INDENTURE, made this aa day of Dere Hz; 20 l between Richard and Nancy Ellis,
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.
Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc
•i '
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 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
signatur s the day and year first herein above written.
.;I
GRA, ''I' R•
President
Secretary
A, . -C3\Co—C-RC-0-*
Address
STATE OF IDAHO )
: ss.
County of Ada )
On this 4/#7--day of ;444^,b1„Slt ,20 /5,before me, he undersigned,a Notary
12:017
Public in and for said State,personally appeared 4'aen-/---c- and
/(/al , 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 first abcvv ; ,en.
+ of
OA' i FOR IDAHO
(SEAL) ,e NOTARY PUBLIC
I• Residing at: net& GOv, -)11
• : ; Commission Expires: 3/307
Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc
•
GRANTEE: CITY OF MERIDIAN
_--�
Tammy de W erd, Mayor
tcDAuc4,r,
i
1.7st b' aycee L. Holman, City Clerk ,y
`/ IY}Aide
Approved By City Council On: FAL
STATE OF IDAHO, )
: ss
County of Ada )
On this Da day of201 j , 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.
(SEAL�� • , • NOTA'Y 'UBLIC •R IDAHO
• ;� lo9.%
• • . Residing at: P X t c I n
• • Commission Expires: 1 / L/ 7 a O D b
• • •
• • •
• •
•
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Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc
UTILITY EASEMENT DESCRIPTION
FOR THE
CITY OF MERIDIAN, IDAHO
PARCEL 40 — RICHARD ELLIS
An easement for utility purposes located in the SE 1/4 of Section 9, Township 3 North, Range 1
West, Boise Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at a brass cap monument marking the southeasterly corner of said SE 1/4 from
which a brass cap monument marking the northeasterly corner of said SE 1/4 bears N 0°38'55" E
a distance of 265 3. 11 feet;
Thence N 0°38'55" E along the easterly boundary of. said SE 1/4 a distance of 759.69 feet to a
point;
Thence leaving said northerly boundary N 89°21'05" W a distance of 33.71 feet to the POINT
OF BEGINNING;
Thence N 89°04'54" W a distance of 9.67 feet to a point;
Thence N 0°55'06" E a distance of 33.00 feet to a point;
Thence S 89°04'54" E a distance of 10.73 feet to a point on the westerly right-of-way of Black
Cat Road;
Thence S 2°45'07" W along said westerly right-of-way a distance of 33.02 feet to the POINT OF
BEGINNING.
This parcel contains 337 square feet (0.008 acres) and is subject to any other easements existing
or in use.
Prepared by: Glenn K. Bennett, PLS
Civil Survey Consultants, Incorporated
May 8, 2015r 7z,�:o�
EXHIBIT
SKETCH
TO ACCOMPANY EASEMENT
DESCRIPTION
LOCATED IN THE SE 1/4 OF SECTION
9,
TOWNSHIP
3 NORTH,
RANGE 1 WEST,
BOISE MERIDIAN,
ADA
COUNTY, IDAHO.
I1/4
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LINE DATA
CIVIL SURVEY83 SMR D AN ROAD' INC.
LINE BEARING DISTANCE
MERIDIAN, IDAHO 83642
L-1 N 89'04'54 " W9,
67'
(208)888-4312
L-2 _ _ S 89'04'54" E
10.73'