Sanitary Sewer Easement with Van Hees Properties, LLC for Hark's Corner
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RECORDEO-REQUE~1~~ A'1.0.f
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MERIDIAN COY
"oÞ. COUl'ITY RECOR[)ER
J [)IIYID NI\.VI\RRO
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SANITARY SEWER EASEMENT
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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
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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)
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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.
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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
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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
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1295 S. Eagle Flight Way
Boi,,; Idaho 83709
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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