Loading...
Sanitary Sewer and Water Main Easement with Van Auker, Ronald for Ronald Van Auker portion , . ; 'J.~CT-16-2002 10:25 ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 12112102 09:27 AM DEPUTY Bonnie Oberbillig RECORDED-REQUEST OF MERIDIAN CITY AMOUNT ,nn 1111111111111111111111111111111111111 102148791 SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, madethis16f~ayofOck, x;{ ,2~etween Ronald Van Auker. a married man. 3084 Lanark. Meridian. ill 83642 , 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 caned the Grantee; WITNESSETH: 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 wíl1 be necessary to maintain and service said pipelines 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 casement for the operation and maintenance of sanitary sewer and wat,er mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) 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, withthe tree right ofaceess tosuch faeílìties at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successo;s 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 prerwses to a'condition comparable to that existent prior to undertaking suchrcpairs and replacement. However, the Grantee will not be responsible for repairing, replacing or restpring anypennanent structures, large trees or brush placed 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, trees, brush or perennial shrubs or flowers within the lITea described for this easement, which would inteñere with the use of said easement, for C:\pco.iecls\200 I \0 t \10107 - MarCon Sllb\Correspondence\Out-going\sanitarysewer&waterV Acas.doc Page 1 EASMT.SW.doc Receive~ Time Oct.lS, IO:14AM ~CT-16-2002 10:25 """ " P,13 the purposes stated herein. THE GRANTORS hereby covcnant and agree with the Grantee that should any part of the right-oFway and easement hereby granted shall become part or, or lie within thc boundaries C¡f any public street, then, to such extent, such right-or-way and easement hereby gtanted which lies within such boundazy thereof or which is a part thereof, shall cease and b~come null and void and of no further effect and shall be completely relinquished. THE GRANTORS do herebycovcnant with the Grantee that they are lawfully seized and possessed ot 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 hereinabove written. STATE OF IDAHO ) ) ss: County of ADA On this !Jí5rh day of October, 2002, before me, the undersigned, a Notary Public in and for said State, personally appeared Ronald W. Van Auker known or identified to me to be the person that executed the foregoing instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereto set my hand and affixed my official seal the day ¡¡ndyear,¡p this certificate firs '!ten. /<;.'i D. "ïoQ~q,~ ./":\:.Y~~c"'oo""o.:Cb "~<à it' $? .r~ °" :,p ~ {,:, { o} *} \ \, if $ ,,", <P <¡'o ,;' a ¡ "" ~-1 0000.0.'-'- ~~ $ ""~" 4'8 (':"< ,,))'.,,~,~~ ",....,.~..",.,." C:\projcctsI200 ¡ \0 t \10107 - MarCon Sub\CoIrc>l'ondcnce\Out-goinglsanitaryscwer&waterV A..as.doc Page 2 EASMT.SW,doc (-..2/-oL/.. Received Time Oct,16, IO:14AM ,,", , !OCT-16-2002 10:26 '". GRANTEE: CITY OF MERIDIAN P.14 dI4~Þ~I(~' Attest by William G. Berg, City Clerk Approved by City Council on: N~V~b~V h 1--001- C:lprojeCIS\2001 10 1\1 0 107 - MnrCon SubICorrespondenceIOut.goinglsanitarysewcr&watorV A.eaS.doc Pnge 3 EASMT,SW.doc Received Time Oct,16. IO:14AM EXHIBIT "A" DESCRIPTION OF CITY OF MERIDIAN SANITARY SEWER AND WATER LINE EASEMENT RONALD W. VAN AUKER PORTION October 15, 2002 An easement for sanitary sewer and water line facilities located in the SE Y. of Section 11, Township 3 North, Range 1 West of the Boise Meridian, Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the southeast corner of Section 11, T. 3 N., R. 1 W., B.M., thence N 0°58'56" W 1302.11 feet along the east line of said Section 11 to a point; Thence S 89°30'19" W 1172.03 feet to a point on the easterly boundary of the Van Auker property, the REAL POINT OF BEGINNING of this description; Thence S 89°30'19" W 12.00 feet to a point; Thence N 0°58'55" W 30.00 feet to a point; Thence N 89°30'19" E 12.00 feet to a point on the easterly boundary of the Van Auker property; Thence S 0°58'55" E 30.00 feet along said boundary to the REAL POINT OF BEGINNING of this description. Michael E. Marks, P.L.S. lOlO7Swease3 EXHIBIT "B" UNPLATTED 0IIDIIIt~.- 01 ..JI «I ZI 01 0:: BRIGGS ENGINEERING. INC. , "'"" CITY OF MERIDIAN SANITARY SEWER AND WATER UNE EASEMENT RONALD W. VAN AUKER PORTION LOCATED IN THE SE 1/4 OF SECTION 11. T.3N., R.1W,. 8.M., MERIDIAN, ADA COUNrv, IDAHO DRAFT DATE DWG,NO, MEM 10/15/02 10107 EXHIBIT REVISION BRIGGS SHEET 1 OF 1 (208)344-9700 1800 W, OVERlAND ROAD 801SE, IDAHO 83705 DESIGN