Sanitary Sewer and Water Main Easement with Kouba, Lamont and Lynn for Kouba Easement
980125 6 ~
ORIGINAL :,D/; cC'. ~ECORDER
J. DAViD tiAVARRO
SANITARY SEWER AND WATER MAIN EASEMEN'JBOiSE ID
THIS INDENTURE, made this ~ day of .J1a~, l~~oíf~
LAMONT KOUBA AND LYNN KOUBA, husband and wife, th~Upà~t~~ ~f th~
first part, and hereinafter called the Grantors, ~rd the C~~ of
Meri~ian, Ada County, Idaho, the party of these'ìtÈl}~ffi:';~ffiuEST OF
here1.nafter called the Grantee; 110 ~ li ,j
7IJrt!lJ//). r'/n IOy
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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
WITNESSETH
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 following
described property:
#1
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 along the North line of said Section 7, S89°28'06"E
a distance of 180.00 feet to a point; thence SOo034'44"W a
distance of 45.78 feet to the South right-of-way line of
Fairview Avenue, a 5/8 inch iron pin and cap ma:çked "RAJ
943"; thence along said right-of-way line N89°11'04"E a
distance of 10.98 feet to a Brass Cap set in concrete,
marked station 47+16.6; thence continuing along said
right-of-way on a curve to the right having a Delta of
00°08'33", a Radius of 55,916.02 feet, a Tangent of 69.53
feet, a Chord Bearing of N89°15'20"E, a Chord distance of
139.06 feet, an Arc Length of 139.06 feet to a point which
bears SOo034'46"W a distance of 0.25 feet from a 5/8 inch
iron pin and cap marked "JUB 944"; thence. leaving said
right-of-way line SOO.03.4'46"W a distance of 257.58 feet to
a 5/8 inch iron pin and cap marked "RAJ 943", THE POINT OF
BEGINNING;
thence N89°28'O6"W
thence SOo034'46"W
thence Sa9°28'06"E
thence NOo034'46"E
BEGINNING.
a distance of 120.00, feet to a point;
a distance of 20.00 feet a to a point;
a distance of 120.00 fe.e.t to a point;
a distance of 20.00 feet to THE POINT OF
Page 1 of 3
TOGETHER WITH:
#2
Commencing at the 1/4 corner common to said Sections 6 and
7; thence along the North line .of said Section 7,
Sa9°28'06"E a distance .of 180.00 feet to a point; thence
SOo034'44"W a distance of 45.78 feet to the South
right-.of-way line .of Fairview Avenue, a 5/8 inch ir.on pin
and cap marked "RAJ 943"; thence along said right-of-way
line N89°11'04"E a distance of 10.98 feet t.o a Brass Cap
set in c.oncrete, marked station 47+16.6; thence continuing
along said right-of-way on a curve to the right having a
Delta of 00°08'33", a Radius of 55,916,02 feet, a Tangent
of 69.53 feet, aCho:rd Bearing of N89°15'20"E, a Chord
distance of 139.06 feet, an Arc Length of 139.06 feet to a
point which bears SOo034'46"W a distance of 0.25 feet from
a 5/8 inch iron pin and cap marked "JUB 944"; thence
leaving said right-of-way line SOo034'46"W a distance of
257.58 feet to a 5/8 inch iron pin and cap marked "RAJ
943"; thence continuing SOo034'46"W a distance of 372.17
feet to a 5/8 inch iron pin, THE POINT OF BEGINNING;
thence N89°42'38"W a distance of 280.19 feet to a point;
thence N03°45'32"W a distance .of 103.17 feet to a point;
thence S87°04'47"W a distance of 42.09 feet to a point;
thence NOo034'44"E a distance .of 77.91 feet to a point;
thence S37°42'18"E a distance of 48.16 feet to a point;
thence S47°50'37"E a distance of 42.12 feet to a point;
thence S03°45'32"E a distance of 92.64 feet to a point;
thence S89°42'38"E a distance .of 261.65 feet to a point;
thence SOo034'46"W a distance of 20.00 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 G:rantee, 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 a11.ow t.o 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.
Page 2 of 3
THE GRANTORS d.o hereay covenant with the Grantee that they are
law£ully seized and possessed of the a£orementioned ßIld
des=ibed trac.t .of land and that they have a gaad and lawful
right ta convey said easement, and that they will warrant and
forever defend the title and quiet possessian thereof against
the lawful claims .of all persons whamsaever.
IN WITNESS WHEREOF, the said parties
hereunto subscribed their signatur
einabove written. .
STATE OF IDAHO)
)ss.
County .of Ada)
On this ~ day .of ~~ ' in the year 1998, before
me, the undersigned, a Natary ublic in and fer said State,
persenally appeared LAMONT KOUBA and LYNN KOUBA, husband and
wife, knewn .or identified te me te be the persons whese names
are subscribed to the within instrument, and acknew1edgedto me
that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my
.official seal the day and year first above
affixed my
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Page 3 of 3
" EXHIBIT
A"
FAIRVIEW
AV E N U E SEWER AND WATER EASEMENT
POB JOHNSON TO
BASIS OF BEARING CI;} OF MERIDIAN
S 89"28'06" E -L- -
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¡ i ~/PROPOSED WATER MAIN
W~ 40 FOOT UTILITY AND
¡, ROADWAY EASEMENT
';;' : INSTRUMENT NO. 97021084
~ I : SEW~~H~~gNW1~E~0~ÆtEMENT
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, SEWER AND WATER EASEMENT
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S 89'28'06" E N
180.00' M'/
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S °2J.~O~6" W
S 89"28'06" E
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N 00"34'44" E
77.91 '
S 81'04'47" W"
42.09'
S 37"42'18" E
48" 16' PROPOSED SEWER MAIN
S 41'50'37" E ...............
42,12'
LENGTH IT ANGENTI BEARING JJ:l:!o-RDi
23.25' 14.69' N 44'S8'52" E 20:991
54.70' 27.3S" S 89'21'18" W 54.70'
139.06' 69.53' N 89'15'20" E 139.06'