Holly Plaza LLC Sanitary SewerADA COUNTY RECORDER Christopher D. Rich 2016-113894
BOISE IDAHO Pgs=5 VICTORIA BAILEY 11/23/2016 10:52 AM
CITY OF MERIDIAN, IDAHO NO FEE
SANITARY SEWER EASEMENT
THIS INDENTURE, made this/ qday of NO 20 i l�--between /4"/'y?(' -V2 A LC..'C�— 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 right-of-way across the premises_
and property hereinafter particularly bounded and described; and
WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be
constructed by others; and
WHEREAS, it will be necessary to maintain and service said pipeline 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 for the operation and maintenance of a sewer
line over and across the following described property:
(SEE ATTACHED EXHIBIT A and B)
The easement hereby granted is for the purpose of construction and operation of a sanitary
sewer line and their allied facilities, together with their maintenance, repair and replacement
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 malting 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
of this easement.
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
Sewer Main Easement REV. 08/15/16
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 shall 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:
'.✓yam . --_.®�
President
Address
Secretary
STATE OF40AHO�"—
) ss
County of d ) V.I C Sh0- 2
On this I LA ' day of !\Ad \ 1 , 20ASip, before me, the undersigned, a Notary
Public in and forsaid State, personally appeared T�� ►��S r2W Sc ��1 �t NQ -Y and
- N tl , known or identified to me to be the President aW—
, 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 fist above written.
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j KIMURLY SANFORD tl§%
Wary Public o State of Nevada
App*wnt Rewrded In Washoo County
Not 16.2702!2 • Expires June 25, 2024
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Sewer Main Easement
jv�
NOARY PUBL,I OR IDAH
Residing at: R--ovtD I
Commission Expires: u
REV. 08/15/16
GRANTEE: CITY OF MERIDIAN
Tammy d0, /)Kee
d, Mayor
by CU6y Coles, - City Clerk
410<11-
Approved. By City Council On: 6! ��/ G( V�
STATE, OF IDAHO:
S8
County of Ada
On this r 2A day ofA&z14
, n_L� , before me, the undersigned, a,146taty
LZ -
Public in and for said State, personally appeared TAMMY DE WEERD and CJAY COLES,
known to me to be the Mayor and City Clerk, respectivelyof the City of Meri'dian, Idaho, and
who executed the within instrument, and AckaQwkdged to mo that the City of Moridlan'.6keouted
the same,
IN WITNESS. WHEREOF, I have hereunto set my hand and affixed my official seat the day and.
year first -above written.
(SEAL)
+ io
�VLY
T
NOTARY.PUBLIC FOR IDAHO
R6idihk at: A
Commission Expires: 7- 3Q-AQ91)
Sewer:Main Easemetit REV. 08/J5/16
January 12, 2016
Carl's Jr.
Project No. 12-063.
Legal Description
City .ofMeridian
.Sewer Easement
92 3 WEST STATE STREET I BOISE, 1DM7!4 1 208.639 6939 1 FAX 208.639:6930
EXHIBIT 'V
A sewer easement situated Ina portion of Lot 1, Block I of VanAuken Subdivision (Book 104 at
Pages 14,174 through 14,170, records of Ada County, Idaho) and further situated in a.portion of
GoVernment Lot -7 cif Section 6; Township 3 North, Range I East, Boise Meridian. City pf.M'Jeridlan,
Ada County, Idaho, and More particularly described as follows:
Cornmericing. at a 5/8 inch rebar marking the southeast corner of said Lot 1 on the northerly right-of-
way lineof E. Fairview Avenue, thenciefoll6wing said northerly right-of-way line 5880OV53"W.a distance
of'37.0$ feet to -the POINT OF BEOINNING
Thence along said northerly right -Cif waV lineS88008'53"W a distance of ZO.00 feet to a point
Thence leaving said northerly right -of way lihe N00&07'04"W a dista nte of 25,42 feet to a point;
ThehCO.N.69024120'E 8 distance of 3-3,83. feet to: 4 point;,
Thence N01`23'50" a distance of 72.22 feet to. a point,*:
Thence N78029,136V a, distance of 30'.61 feet to a point;
Thence -NOO-003'51"W a distance of 22.88 feet to a point on the northerly -boundary line of said Lot
Thence following
Ilowing said northerly boundary line 1\188*08'53"E a distance of 20.00 feet to a point,
Thence 'le said northerly boundary -line 50*08`51"Ea distance of 7.1-9 feet to a point;
aving sp
Thence S7902.986"E a distance of 30.23 feet to a pojht;,
Thence S01'23'$01 a distance of 1a2`.37 feet to a point;
Thence 569614'.201V a.. distance o. - f 34.17 feet to .0 point;
Thence SO'05'46(it a distance of 10.99 fkt-to the POINT OF BEGINNING,
Said parcel contains ins 3,698;scitlare feet more Or less.
Attached hereto is Exhibit B and.by this reference is made a part hereof.
,x L A Np
Of
ENGINEERS I 80RVEYOF S I PLANNERS,
ot�
0 -20 40, 80
Plan Scale
. e
NEERS.:SURVEYOM - PLAI
9733 WEST STATE STREET
BOISE, IDAHO 437]4
PHONE J?00) 639.6939
FAX 068) 63.9-ano
LINE TABLE
LINE.#
LENGTH
DIR,ECTION
Ll
7,19
S&ONM —E
L2
30,23
578'29'36"E
L3
34.17
5-69
L411.0.93
$O'05'40E
N 8'08153"E
7
20-00T ' 1
---:4 �-
NOQ'03'51"—W 22.88Li
N78729'36"W 3061,
LOT 1, BLOCK 1, UJ
VANAUKEN SUB.
0
z
N69*24*20"E 33.83?
NOO*01'-04*W 25.42'
POB
�1-4
�
888*OW53"W. '8 S85' 8 0"5 3"W
20.'00" 37.08'
E. FAIRVIEW AVE.
LEGEND
EXIHIRITB
14 E. FARIVI EW AVE.
BOUNDARY LINE
ADJACENT BOUNDARY LINE
EASEMENT
CALCULATED POINT
FOUND 6/8" REBAR
FOUND BRASS CAP MONUMENT
POINT OF BEGINNING
P. ROJ ECT,
SEWER, EASEMENT
SHEET�.
I OF 1 GOVT LOT 7o SEC 6, T31`4jRIE, $.M., - CITY OF MERIDIAN., ADA:CQUNTY, ID,