Sanitary Sewer and Water main Easement for Franklin Rd, Black Cat to Ten Mile with BuyriteADA COUNTY RECORDER Christopher D. Rich 2016.001010
BOISE IDAHO Pgs=5 DAWN TRIVOLIS 01/06/2016 10:10 AM
MERIDIAN CITY NO FEE
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00181616201600010100060061
SANITARY SEWER AND WATER MAIN EASEMENT
THIS INDENTURE, made this qday of Vcr er %bti,, 20th between Buyrite, LLC, the parties of
the first part, and hereinafter called the GRANTORS, and the City of Meridian, Ada County, Idaho,
the parry 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
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.
TIIE 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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4 esidenl
-Secretary—
Address
STATE OF IDAHO )
. ss.
Comity of Ada )
On this day of L +-c .20 , before me, the undersigned, a Notary
Public in and for said State, personal ppeared and
g , known or identified to me to be the 414esident- • ,.
•Seeretar n 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 above written.
1µJq�-�yK®TL41
(SEAL) ��;�®`f A
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Sanitary Sewer and Water ?Mm
NOTARY PUBLIC FOR IDAHO
Residing at:
Commission Expires: b- -1(42
EASMT S&W 11-15-13.doe
GRANTEE: CITY OF MERIDIAN
Tammy de Vy e , Mayor
�` GOSS O�A'CED l�UCL 11
L. Holman, City Cleric
Approved By City Council On:
STATE OF IDAHO, )
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County of Ada )
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On this ;:�;X day of �p_,cej hr , 20 lam_, before me, the undersigned, a Notary
Public in and for said State, personally appeared Tanury de Weerd and Jaycee L. Holman,
known to me to be the Mayor and City Cleric, respectively, of the City of Meridian, Idaho,
and who executed the withininstrument, and acknowledged to ire 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.
CIA
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Sanitary Sewer and Water Main Easement
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�INOTARY PUBLIC F R IDAHO
Residing at: an
Commission Expires:
EASMT S&W 1 1-15-13.doc
EXHIBIT A
UTILITY EASEMENT DESCRIPTION
FOR THE,
CITY OF MERIDIAN, IDAHO
PARCEL 31— BUYRITE, LLC
An easement for utility purposes located in the NE '/, of Section 15, Township 3 North, Range 1
West, Boise Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at a brass cap monument marking the northwesterly corner of said NE '/4 from
which a brass cap monument marking the northeasterly corner of said NE '/4 bears
S 89°15'24" E a distance of 2640.81 feet;
Thence S 89°15'24" E along the northerly boundary of said NE 1/4 a distance of 1068.11 feet to a
point;
Thence leaving said northerly boundary S 0044136" W a distance of 73.12 feet to the POINT OF
BEGINNING;
Thence continuing S 0°4436" W a distance of 39.00 feet to a point;
Thence S 89'15'24" E a distance of 34.00 feet to a point;
Thence N 0°4436" E a distance of 39.00 feet to a point on the southerly right-of-way of Franklin
Road;
Thence N 89°15'24" W along said southerly right-of-way a distance of 34.00 feet to the POINT
OF BEGINNING.
This parcel contains 1,326 square feet (0.030 acres) and is subject to any other easements
existing or in use.
Prepared by: Gleam K. Bennett, PLS
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Civil Survey Consultants, Incorporated �
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May 8, 2015 r` '{` ' r
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EXHIBIT B
SKETCH TO ACCOMPANY EASEMENT
DESCRIPTION
LOCATED IN THE NE 1/4
OF SECTION
15,
TOWNSHIP 3 NORTH,
RANGE 1
WEST,
BOISE
MERIDIAN,
ADA
COUNTY,
IDAHO.
SCALE: 1 "=20'
IL
S 89'15'24" E
2640,81'
10 11
1068.11'
1/4
1572.70'
15 14
FRANKLIN
ROAD
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N 89'15'24" W
POINT OF
34.00' -
BEGINNING
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UTILITY
EASEMENT
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34.00'
OF SOP A,
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S 89' 15'24" E
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BUYRITE, LLC
31
CIVIL SURVEY CONSULTANTS, INC.
2893 S. MERIDIAN ROAD
MERIDIAN, IDAHO 83642
(208)888-4312