Sanitary Sewer and Water Main Easement with Kimball Properties Limited Partnership for Bonito Sub No. 2 Parcel B
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00
BOISE IDAHO 03123105 09:50 AM
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Meridian City Public Works 105034660
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SANITARY SEWER AND WATER MAIN EASEMENT
THIS INDENTURE, made this -15- day 0~2~between Kimball Properties Limited
Partnership, the parties ofthe 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 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 ttom 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 ttee 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.
Sanitary Sewer and Water Main Easement
GRANT.doc
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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 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 first herein above written.
GRANTOR:
Winston H. Moore,
Kimball Properties Limited Partnership
STATE OF IDAHO)
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)
On this 7:!:- day of YlAO-Irc..-k , 20es:before me, the undersigned, a Notary
Public in and for said State, personally appeared Winston H Moore, known or identified to
me to be a partner of Kimball Properties Limited Partnership that executed the within
instrument, and acknowledged to me that such limited partnership executed the same.
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IN ~REOF, I have hereunto set my hand and affixed my official seal the day
~.' "y,e,'fist ab<we \¡itten. J
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County of Ada
GRANTEE: CITY OF MERIDIAN
Sanitary Sewer and Water Main Easement
GRANT,doc
17991SAN-WAT-
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Approved By City Council On:
STATE OF IDAHO, )
: ss.
County of Ada
On this~day of MD.""/"'" 2005, before me, the undersigned, a Notary Public
in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR.,
known to me to be the Mayor and City Clerk, respectively, ofthe City of Meridian, Idaho, and
who executed the within instrument, and acknowledged to me that the City of Meridian executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
(SEAL)
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EXHIBIT "A"
DESCRIPTION FOR CITY OF MERIDIAN
SNAITARY SEWER AND WATER MAIN EASEMENT
FOR PROPOSED BONITO SUBDIVISION NO.2
February 10, 2005
A PARCEL OF LAND BEING A PORTION OF PARCEL "B" OF RECORD OF
SURVEY NO. t..8z.lø ,LOCATED IN THE NE 1/4 OF SECTION 20,
TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN,
MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 20, T.3 N., R.1
E., B.M., THENCE S 00°14'50" W 1761.41 FEET ALONG THE EAST LINE OF
THE NE Y. OF SAID SECTION 20 TO A POINT;
THENCE N 90°00'00" W 123.59 FEET TO THE REAL POINT OF BEGINNING
OF THIS DESCRIPTION;
THENCE 20.03 FEET ALONG THE RIGHT OF WAY OF E. GOLDSTONE
DRIVE ON A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF
376.50 FEET, A DELTA ANGLE OF 03°02'52", A TANGENT OF 10.02 FEET
AND A CHORD BEARING N 86°47'38" W 20.03 FEET TO A POINT ON A
CURVE;
THENCE N 00°19'39" E 134.53 FEET TO A POINT;
THENCE S 89°59'25" W 86.19 FEET TO A POINT;
THENCE S 03°25'38" E 119.80 FEET TO A POINT ON THE NORTHERLY
RIGHT OF WAY OF E. GOLDSTONE DRIVE;
THENCE 21.57 FEET ALONG THE RIGHT OF WAY OF E. GOLDSTONE
DRIVE ON A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF
376.50 FEET, A DELTA ANGLE OF 03°16'54", A TANGENT OF 10.79 FEET
AND A CHORD BEARING N 71 °28'58" W 21.56 FEET TO A POINT ON A
CURVE;
THENCE N 03°25'38" W 112.93 FEET TO A POINT;
THENCE S 89°59'25" W 14.53 FEET TO A POINT;
THENCE N 00°00'00" E 20.00 FEET TO A POINT;
17991SEW-WAT-EASE
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THENCE N 89°59'25" E 13.34 FEET TO A POI NT;
THENCE N 03°25'38" W 177.02 FEET TO A POINT;
THENCE S 90°00'00" E 20.04 FEET TO A POINT;
THENCE S 03°25'38" E 177.02 FEET TO A POINT;
THENCE N 89°59'25" E 107.50 FEET TO A POINT;
THENCE S 00°19'39" W 155.66 FEET TO THE REAL POINT OF BEGINNING
OF THIS DESCRIPTION.
MICHAEL E. MARKS
P.L.S. NO. 4998
1799ISEW-WAT-EASE
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REVISIONS
CITY OF MERIDIAN
SANITARY SEWER AND WATER LINE EASEMENT
FOR PROPOSED BONITO SUBDIVISION NO.2
NE 1/4. SECTION 20, T,3 N,. R,1 E., B.M.
MERIDIAN, ADA COUNTY, IDAHO
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Stanley Consultants INC
1940 S, BONITO WAY
SUITE 140
MERIOIAN, 10AHO 83642
208-288-0573
DRAWN: MEM
DATE:
2/10/05
SCALE: 1"~5D'