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Sanitary Sewer Easement with Van Hees Properties, LLC for Hark's Corner ... t. RECORDEO-REQUE~1~~ A'1.0.f fELÆ_OEPUT~v sir 102003503 MERIDIAN COY "oÞ. COUl'ITY RECOR[)ER J [)IIYID NI\.VI\RRO . .,~:.:c.!íJMi" 2002 JA I 0 A:'\ 10: I Ó .. SANITARY SEWER EASEMENT 'tl,. . D<!<.,_bq,.v- THIS INDENTURE, made this L day of 1>[.Q"~\)'7 , 200 I between V an Hees Properties. LLC , 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 ftom 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 EXHffiIT 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 ftee 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 or perfonning 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 pennanent structures, trees, brush, or perennial shrubs or flowers within the area Sewer Main Easement Page 1 EASMTSWR _. 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 flTst herein above written. L ember STATE OF IDAHO) ) ss County of Ada ) On this ~ day of November ,2001, before me, the undersigned, a Notary Public in and for said State, personally appeared Larry Van Hees , known or identified to me to be a Managing Member of the Limited Liability Company that executed the within instrument, and acknowledged to me that such Limited Liability Company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ~.." ."111"...,., ~.' ~" M. °4 "" ",' -,,~ ........ h... "".. ~ S' .0. '.. (' 'I. i "o';>'l.;.o"£ Al?,¡. ...'/' '\ - o'ç 0- . . . - Ë *£ -.- :* æ ø " . - \ ",'t../ trB 1- '\. ~l.f l ~#.. ~-1..0"....o'~" .'~ ',...l'f] OF '\. ....~ ..,..........." Sewer Main Easement ~ CØh. ~A-~.ÆJ NOTARY PUBLIC FOR IDAHO Residing at !\JQ....m..pa Idtl. M Commission Expires: :3, /01 / CJ c::. Page 2 EASMTSWR GRANTEE: CITY OF MERIDIAN Sewer Main Easement Page 3 EASMTSWR , - ~R,. 7111111£8 ".~ ~~RS PROJECT: 528235-02 DATE: November 7, 2001 EXHIBIT A SEWER LINE EASEMENT HARK'S CORNER An easement being a portion oflots 2, 3, and 4 of Van HeesSubdivision, as filed for'record in the office of the Ada County Recorder, Boise, Idaho, inBook 12 of Plats, at page 688, and sitUated in the Northeast y< of the Northeast Y<ofSection 14, Township 3 North, RAnge 1 West,Boise Meridiari,Meridian City, Ada County, Idaho, and more particularly described as follows: Commencing at a brass cap monwnentiog the northeast comer of said Section 14, ITomwhich an iron pin moll\Jmentiog the northwest comer ofsaid Northeast Y< of Section14 bears North 89° 13 ' 17" West 2657.87 feet; . thence along the northerly boundary of said Section 14, North 89°13'17" West 28J.64 feet; thence 1eavirig said northerly boundary South 00'46'43" West 45.00 feet to the southerlyright-of- way ofFrariklin Road, being the POINT OFBJ¡GINNING; . thence along the centerline of a 20.00 foot wide easement being 10.00 each side of said centerline the following courses: South 00°46'43" West 9.17 feet; thence South 12'32'29" West 106.00. feet;. thence South 00'46'43" West 107.00 feet; thence North 89'13'17" West 144.00 feet to the POINT OF TERMINUS. SCW/DGP Steven C. Wellington, P.LS; 52823505.doc POWER Engin~ers, incorporated , ."ú",*., 1295 S. Eagle Flight Way Boi,,; Idaho 83709 Page lof1 ~ ¡¡ ~ Õ ID Z c: ;0: m ;0 ~ '" i r ,.., <:> ~~ -J~ EXHlBfTa § i~, ~,.i----,'" "-"_U-"~,I ~ ~t.::: ~~~~. h " ~ I t-. , :z: ' 't~~ ~ [; .;g 'ei : t::~: ;: "r;j], , i~, ,.1 ~, "I I ~ ~~,..~~ ! -~~"""','- 1"1"1 C ¡ :g : I "~",,,';S' "'\':,,~~"'~.~ : : ~- '",,-'!~:.u~~ -_lJ<:~'!<:t~OO'~~t ~, -----~--- 0 ," i~ I ' 1 ,-- 1 I~ I:," 1 ~ , I ~ 's ¡~ ~ § I", 00 ~: ~ ~ ti '" j ¡ , '.i ~i '. c_--------~-----~ ~i ¡---- " 1 N: , ~I : 1 "¡ I ! : ¡ : I ¡ I """, '¡ 1 ~,. , 1 ::. - -'------ ,,>' , L-_----'SOO'>3'õã'W~59-- ! . c. -"~DI'R~'-~__n_'-'-î,,' ~, ""","," !-f------------ '" ~!!-- HARK'S CORNER '"INE EASEMENT SEWER l 4 VAN HEES SUBDiViSION SITUATED IN LOTS 2, 3, A~DNE' 1/4 OF SECTION 14 IN THE NE V\ O~.,T~.1 W., B.M:, . ADA COUNTY IDAHO