Sanitary Sewer and Water Main Easement for Franklin Rd, Black Cat to Ten Mile with Rick Aberasturi i
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ADA COUNTY RECORDER Christopher D. Rich 2015-116561
BOISE IDAHO Pgs=S BONNIE 12/23/2015 10:19 AM
MERIDIAN CITY NO FEE
III 11111 111111 11111111111111 III I I 1111111 MI II III
00178072201501165610050059
SANITARY SEWER AND WATER MAIN EASEMENT
THIS INDENTURE, made this Q day of Dtcembe-r , 20 IS- between Rick Aberasturi ,
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,
ifs 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
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
signatures the day and year first herein above written.
GRANTOR:
dew) Ct_LI=L
Rick Aberasturi
(-/3 8 U . nota.>ci e. Uic T X34 cLt 2E 8326 y.6
Address
STATE OF IDAHO )
: ss.
County of Ada )
On this S day of AuiL5-fr , 20 /I , before me, Gore f B46ee`-'
personally appeared Rices /h erfSl.ri , proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the within instrument,and
acknowledged that he 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) ,Al**� NOTARY PUBLIC FOR IDAHO
• 014114'`r�p t Residing at: 9da GUS►��rj
0; w.ts Commission Expires: 3f30,'
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• 4 , •
Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc
GRANTEE: CITY OF MERIDIAN
iiir
Tammy de , Mayor
LA i: yr%_12...,),\...) C)^ '''
Attest Jaycee L. Holman, City Clerk ( ;,y,,;
1 ��1:i, i i l } .w i
Approved By City Council On: /a a- '° ,
°" EAL
STATE OF IDAHO, )
: ss
County of Ada )
On this day of --Ccc e mbear- , 20 1S- ,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 w ititga..
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Pal
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(SEAL) ' , ; ; NOTARY 'UBLIC Fe ' IDAHO
' Residing at: -2x- .c k\0V-1 k
. , °: Commission Expires: ��,, -1 Li D 0 a 0
OFT.•
Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc
EXHIBIT A
UTILITY EASEMENT DESCRIPTION
FOR THE
CITY OF MERIDIAN,IDAHO
PARCEL 11 —RICHARD ABERASTURI
An easement for utility purposes located in the SW 1/4 of Section 10, Township 3 North, Range 1
West,Boise Meridian,Ada County, Idaho, more particularly described as follows:
Commencing at a brass cap monument marking the southwesterly corner of said SW 1A from
which a brass cap monument marking the northwesterly corner of said SW 1A bears
N 0°38'55"E a distance of 2653.11 feet;
Thence N 0°38'55" E along the westerly boundary of said SW 1A a distance of 347.49 feet to a
point;
Thence leaving said westerly boundary S 89°21'05" E a distance of 41.00 feet to the POINT OF
BEGINNING;
Thence S 89°43'14"E a distance of 10.00 feet to a point;
Thence N 0°38'55"E a distance of 13.15 feet to a point;
Thence S 89°34'15"E a distance of 8.05 feet to a point;
Thence N 0°25'45"E a distance of 20.00 feet to a point;
Thence N 89°34'15" W a distance of 17.97 feet to a point on the easterly right-of-way of Black
Cat Road;
Thence S 0°38'55" W along said easterly right-of-way a distance of 33.17 feet to the POINT OF
BEGINNING.
This parcel contains 492 square feet (0.011 acres) and is subject to any other easements existing
or in use.
Prepared by: Glenn K. Bennett, PLS ° "'
Civil SurveyConsultants, Inco orated � ��� at' , ' '
May 8, 2015
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EXHIBIT B
SKETCH TO ACCOMPANY EASEMENT DESCRIPTION
LOCATED IN THE SW 1 /4 OF SECTION 10,
TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN,
ADA COUNTY, IDAHO.
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SCALE: 1"=20'
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I CIVIL SURVEY CONSULTANTS,INC.
I 2893 S.MERIDIAN ROAD
MERIDIAN,IDAHO 83642
(208)888-4312
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9,10 LINE DATA
16 "15 LINE BEARING DISTANCE
L-1 I S 89'43'14" E 10.00'
L-2 N 03855" E 13.15'
1-.3 .c R.9'.34'15" F 8.05'