Sanitary Sewer and Water Main Easement with Elnora L. Johnson Trustee of the Testimentary Trustee of Floyd T. Johnson for Johnson Property Easement
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98012513£
AD!" ,;,ECORDER
: DA'j1U rLWAP,RO
SANITARY SEWER AND WATER MAIN EASEMEwt'O' S F \ n '
ill ~~~
THIS INDENTURE, made this ¿"I) day of 'FA.brlA.o..T'7 l'ì~ ~t~Il1 O~
ELNORA L. JOHNSON, individually and as Trustee of9~Œ~ stàmentary
Trust of Floyd T. Johnson, deceased, the parties of the firs+ part,
and hereinafter called the Grantor, and the City Õ£~«n~-~
County, Idaho, the party of the second part, and ti&øe~~aft~r~ã~led'
the Grantee; 98FfØ/P ?(lJIOcJ
WITNESSETH 1 JlI2- ~
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 and service 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 for the operation and maintenance
of sanitary sewer and water mains over and across the fol-lowing
described property:
A portion of a parcel of land situated in the NW 1/4 of the NE
1/4 of Section 7, Township 3 North, Range 1 East, Boise
Meridian, Ada County, Idaho, more particularly bounded and
described as follows:
Commencing at the 1/4 corner common to Sections 6 and 7;
thence S89°28'06"E along said section line a distance of
330.00 feet to a point; thence SOo034'46"W a distance of
42.42 feet to the corner between the Johnson and Kouba
parcels on the South Right-of-Way line of Fairview Avenue,
THE POINT OF BEGINNING;
thence SOo034'46"W a distance of 629.75 feet to the South
line of the North 1/2 of the NW 1/4 of the NE 1/4 of
Section 7, marked by a 5/8 inch iron pin and cap marked
"PLS 943",
thence S89°42'38"E a distance of 40.00 feet along the South
line of the North 1/2 of the NW 1/4 of the NE 1/4 of
Section 7, to a point;
thence leaving the South line of the North 1/2 of the NW
1/4 of the NE 1/4 of Section 7, NOoo34'46"E a distance of
615.72 feet, parallel to the West line of the Johnson
parcel to a point of curvature;
thence along a curve to the right, having a delta of
88°48'13", a radius of 15.00 feet, a chord bearing of
N44D58'52"E, and a chord distance of 20.99 feet, an arc
Page 1 of 3
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length of 23.25 feet, to a point on the South Right-of-Way
of Fairview Avenue;
thence along the South Right-of-Way of Fairview Avenue on a
curve to the left, having a delta of 00003'22", a radius of
55916.02 feet, a chord bearing of S89O21'18"W, and a chord
distance 54.70, an arc length of 54.70 feet, to The POINT
OF BEGINNING.
(SEE ATTACHED DRAWING "EXHIBIT A")
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 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 the Grantee, in making future repairs, will
expediently replace and restore the premises to a condition
comparable to that existent prior to undertaking such repairs
and replacement. However, the Grantee will not be responsible
for repairing, replacing or restoring any permanent structures,
large trees or brush within the area described in this easement.
THE GRANTORS hereby covenant and agree that they will not place
or allow to be placed any permanent structures, large trees or
brush within the area described for this easement, which would
interfere with the use of said easement, for the purposes stated
herein.
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
hereunto subscribed their signatures
hereinabove written.
¿(~J ;f~
ELNORA L. JO SON, individually and
as Trustee of the Testamentary Trust
of Floyd T. Johnson, deceased.
of the first part have
the day and year first
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STATE OF IDAHO)
)ss.
County of Ada)
[). 'F..J.ru.ø.r'1 <-""'c:-
On this ~ day of J~.~ary, in the year 1998, before me, the
undersigned, a Notary Public in and for said State, personally
appeared ELNORA L. JOHNSON, individually and as Trustee of the
Testamentary Trust of Floyd T. Johnson, deceased, known or
identified to me to be the person whose name is subscribed to
the within instrument, and acknowledged to me that she executed
the same.
have hereunto set my hand and affixed my
and year first above written.
~.eu
Notary ublic for State of Idaho
Residing at: ~~. JC~~ho
My Commission E iies:/o'¿~-2OQ$
IN WITNESS WHEREOF, I
official seal the day
Page 3 of 3
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"EXHŒIT
A"
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S 89'28'06" E
180,00'
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KOUBA
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S 37'42'18" E
48,16' PROPOSED
S 47'50'37" E
42,12'
N 00'34'4u/
77,91 '
S 87'04'47"
42,09'
U1
AV E N U E SEWER AND 'WATER EASEMENT
PDB JOHNSON TO
BASIS OF BEARING CITY OF MERIDIAN
~ S 89"28'06" E -L -
150,00'
C-2
C-1
FOUND JUB 5/8"
0.25' NORTH OF
ALCULATED POSITION
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...., S 89'42'38" E 261,65' "
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49.81 "
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CURVE TABLE
280,19'
CURVE RADIUS DELTA
C-1 15.00' 88'48'13"
i C-2 55916.02' 00'03'22"
1c-3 55916.02' 00'08'33"
LENGTH ,TANGENT BEARING CHORD
23.25' 14.69' N 44'56'52" E 20.99
54.70' 27.35' S 69'21'16' W 54.70'
139.06' 69.53' N 89'15'20" E 139.06'
SEWER AND WATER EASEMENT
N ~ t?!r t\c ~~~ftIA~O
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~ PROPOSED WATER MAIN
40 FOOT UTI LlTY AND
ROADWAY EASEMENT
INSTRUMENT NO, 97021084
JOHNSON TO KOUBA
SEWER AND WATER EASEMENT
JOHNSON TO CITY OF MERIDIAN
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NOT TO SCALE
SEWER AND WATER EASEMENT
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