Sanitary Sewer and Water Main Easement with Ernest, Anna Beth and Gary L., Ross, Virginia J. and Kisler, Kathy for Turtle Creek #3
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ORIGINAL
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 11121102 11:19 AM
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SANITARY SEWER AND WATER MAIN EASEMENT
t/1 tVðtlehlb:r
THIS INDENTURE, made this L day of~, 2002 between Anna Beth Ernest, Gary L.
Ernest, Virginia J. Ross and Kathy Kisler, the parties of the first part, and hereinafter called the
Grantors, and the City of Meridian, Ada County, Idaho, the party ofthe second part, and hereinafter
called 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 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:
(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, with the free right of access to such facilities
at any and all times.
TO HA VB 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 performing 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
ofthis easement.
Sanitary Sewer and Water Main Easement
Water Agreement
Page 1
Sewer and
,"
"
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 area
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 ofthe aforementioned and described tract ofland, 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 ofthe first part have hereunto subscribed their
signatures the day and year first herein above written.
GRANTORS:
4!~M fMtdl
a Beth Ernest
Gary !i~Y: ~
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Sanitary Sewer and Water Main Easement
Water Agreement
Page 2
Sewer and
."
STATEOF;foJl/;'"";J-.7;,,, )
~)ss
County of ~ )
On this t/-..fh day of October, 2002, before me, the undersigned, a Notary Public in and for said
State, personally appeared ANNA BETH ERNEST, known or identified to me to be the person that
executed the within instrument, and acknowledged to me that she executed the same.
IN
fist bove written.
Notary Publici
SUIte 01. Wl8h1ngtOll
ItE8ECCA G. ,-EIUlUIt
.., AppoInImInt ErpIIn .., 3. -
to set my hand and affixed my official seal the day and year
STATE OF ~ )
) ss
Countyof-r:-~rJ )
On this ~day of October, 2002, before me, the undersigned, a Notary Public in and for said
State, personally appeared GARY L. ERNEST, known or identified to me to be the person that
executed the within instrument, and acknowledged to me that he executed the same.
IN WITNE_~~~~OF, I have hereunto set my hand and affixed my official seal the day and year
fi,t "',:",""!":'1"".'" ~
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STATE oÞ 'MnJ~
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County of I)('?A-It...--/ )
On this LL-day of October, 2002, before me, the undersigned, a Notary Public in and for said
State, personally appeared VIRGINIA J. ROSS, known or identified to me to be the person that
executed the within instrument, and acknowledged to me that she executed the same.
Sanitary Sewer and Water Main Easement
Water Agreement
Page 3
Sewer and
, '.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
fist above written.
@ ELIZABETH RODRIGUEZ "
- Commission # 122Ii439'"
~ ~ Notay ~~~ -
~ - - - -My:C:~~":J~I:~f,
STATE OF "'¡~rrØ,J)
) ss
County of-1íJ~,.J )
On this -LCi.-day of October, 2002, before me, the undersigned, a Notary Public in and for said
State, personally appeared KATHY KISLER, known or identified to me to be the person that
executed the within instrument, and acknowledged to me that she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
fist above ~1:OOtl':""\\
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GRANTEE~"Cmt>F MERIDIAN
Approved By City Council On:
NøVt/'l'l6e.r ð¡ Z( ( 2
Sanitary Sewer and Water Main Easement
Water Agreement
Page 4
Sewer and
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'ð'208 323 9336
J-U-B ENG. BOISE
~O04/005
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, J~U-B ENGrNEERS. Inc.
ENGINEERS. SURVEYORS' PLANNERS,
Regional Office
250 South Beechwood Avenue, Suite 201
, ,Bolsa,ID 83709-0944
, 208-:376-7330
, Fax: 2OS-:32:3-m6
.EXHIBIT A
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';bate:
11759
July 25, 2002
PROPOSED TURTLE CREEK,SUBDIVISION NO,3
SEWER, WATER,~ EASEMENT
" '<-Atteesement being a portion of the South 11\ of the Northeast'" of Section 2, T.3N., R.1W.,
i:~,~,ie~ßi..Ada County, Idaho; being more particularly described as fallows:
t;'To..+OiifrmIëncing at a 5/S inch iron pin arId cap marking the Northeastcorner of Section 2, 'T,3N.,
i;,"'1W;~'_¡Meñdlan. Ada County, Idaho; thence South 00000'5S" East, 1366.11 feet along the'
~ of said Section 2 to a 2 inti' steel axle rod marking the Northeast corner of said
NOrtheast 14 of Section 2; therce leaving the easterly boundary of said Section 2 South
... West, 1888.41 feet to a point on the westerly boundary of said proposed Turtle Creek
No. 3 as shown on Exhibit "13" sa;:, point being the POINT OF BEGINNII'IG; said point also lies
'~ith" ,'.' ,,' '4/Þ"West, 2264,13 feet from an ¡'on pin marking the Southeastcomerp,haid South y, of
.' tlieNortlIeast 14 of Section 2; ,
-- 0-,-
._ce South 03°20'08" East, 50.12 feet to a point;
00°20'16" West, 50.01 feet to a point;
89°17'39", Eàst, 55,66 teet to the POINT OF BEGINNING.
,Prepared by:
J-u-t; ENGINEERS, Inc.
d":
Gary A. lee, P,E.lL,S.
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:-~~~l~prOjeCtMan'8ersIGAL\11759\De5CIiPtiDn'\OFF SITE S5 EASEMENT. doc
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"208 323 9336
J-U-B ENG. BOISE
141005/005
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EXHIBIT 8
'PROPOSED TURTLE CREEK SUBDIVISION NO~3
SEWER, WA TER, ~S~ENT
T.4N., R.1W, 8.M.
35
36
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TURlI.£ CREEK
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2" STEEL ÞJa..E Rolf"
N 1/16 CORNER SECTION 2
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CP&<F #8923767
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