Easement with Lynx Investments for Arliss AveADA COUNTY RECORDER Christopher D. Rich 2016-013034
BOISE IDAHO Pgs=5 CHE FOWLER
CITY OF MERIDIAN 02/17/2016 10:35 AM
NO FEE
00194338201600130340050057
SANITARY SEWER AND WATER MAIN EASEMENT
THIS INDENTURE, made this '74 ay of Jay, , 201 between L�1)gi/& M-e—tA 1-,P.
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.
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:
President X,
Secretary
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Address
STATE OF IDAHO )
: ss.
County of Ada )
On this 'A7 day of , 20 It , before me, the undersigned, a Notary
Public in and for said State, personally appeared J n i-14, t„ a- and
, 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 WI)Y/HEREOF, I have hereunto set my hand and affixed my official seal the day
and ?*&written.
NdTARVP LIC FOR IDAHO
}�ZZiding at: T c�
�`�� NT' •.... 1°�` Commission Expires: U 1 - 1 6l - 17
Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc
GRANTEE: CITY OF MERIDIAN
' �''
Tammy de Weeyd, Mayor
Are-
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Attest b aycee L. Holman, City Cler City of JW
Approved By City Council On:
STATE OF IDAHO, )
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County of Ada )
On this ib day of (� %vu a�.,�+., , 20 I b , 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.
.,..Goner,,•
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NOTARY PUB IC FOR IDAHO
Residing at: c GC 2 iii
Commission Expires:
Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc
=f 1515 S. Shoshone St., Boise, ID 83705
L ANi BURN; ' YS' Office (208)342-7957 Fax (208)342-7437
NORTH ARLISS AVENUE UTILITY EASEMENT DESCRIPTION
WITHIN A PORTION OF THE NORTHWEST'/4017 THE NORTHWEST '/o OF
SECTION 25, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN,
THE CITY OF MERIDIAN, ADA COUNTY, IDAHO
The intent of this description is to describe a parcel of land adjoining the north end of N. Arliss
Avenue for Utility Easement purposes: located within a portion of the Northwest % of Northwest
% of Section 25, Township 4 North, Range 1 West, Boise Meridian, the City of Meridian, Ada
County, Idaho more particularly described as follows:
Commencing at a found Brass Cap Monument marking the Section Corner common to Sections
23, 24, 25 and 26, from which a found 5/8" rebar marking the % Corner common to Sections 24 and
25 bears South 89°22'30" East, a distance of 2669.54 feet; thence along the westerly boundary of
Section 25, South 00°55'10" West, a distance of 1328.81 feet to the North 1/16 Corner common to
said Sections 25 and 26; thence along the North 1/161h line of Section 25 South 8925'01" East, a
distance of 843.42 feet to the intersection with the westerly right-of-way of North Arliss Avenue and
the POINT OF BEGINNING;
A. thence along the northerly projection of said westerly right-of-way North 00°37'48" East, a
distance of 50.00 feet to a point;
B. thence along a line parallel with and 50.00 feet north of the said North 1/16th line, South
89°25'01" East, a distance of 52.00 feet to the intersection with the northerly projection of the
easterly right-of-way of North Arliss Avenue;
C. thence along the projection of said easterly right-of-way South 00037'48" West a distance of
50.00 feet to the North 1/16th line;
D. thence along said North 1/16th line North 89025'01" West, a distance of 52.00 feet to the
POINT OF BEGINNING.
Subject to existing easements and rights-of-way as any may exist, of record or not of record.
Containing 2,600 square feet, 0.059 acres, more or less.
Refer to the attached sketch labeled "Arliss Avenue Utility Easement Exhibit". "
Any modification of this description shall render it void. `
E�,�
Prepared by:
Fox Land Surveys, Inc.
Timothy J. Fox, President, PLS 7612
F Can
END OF DESCRIPTION
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