Sanitary Sewer and Water Main Easement with McKague Family Revocable Living Trust for Locust Grove Utility Improvements
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 03123/05 09:50 AM
RMDi~~ÓE~~nN~Q~~:n~g 111"'1"1111"'1"'"'1""1'111"1'
Iridian ell\, Public Works 11351334663
'--------
---
AMOUrlT .00
SANITARY SEWER AND WATER MAIN EASEMENT
THIS INDENTURE, made this ~ dayoA'\\o.\Ùì , 2o(fLbetween McKague Family
Revocable Living Trust, the parties of the first part, and hereinafter called the Grantots, 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 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 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 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
of this easement.
II~
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 boUIldaries
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 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 of the first part have hereunto subscribed their
signatures the day and year first herein above written.
GRANTOR:
(...
President, McKagu amily Revocable Living Trust, Property Owner
885 S Locust Grove Rd
Meridian ill 83642
--.
Secretary
PagA,:y nf 5-
STATE OF IDAHO)
) ss
County of Ada )
On this ~ day of ~\Ùì ,2 befor me, the dersigned, a Notary
Public in and for said State, personally appeared ('{\ £.., and-
, known or identified to me to be the Pres' ent and Secretary,
Respectively, that executed the within instrument and acknowledged to me that such
corporation executed the same.
/~
Tammy d e d, Mayor
ß~£~ ~
Attest by William G. Berg, ity lerk
Approved By City Council On:
STATE OF IDAHO, )
: ss.
County of Ada
Onthis~day of tJ\~rtk , 20oS,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, of the City of Meridian,
Idaho, and who executed the within insti-ument, 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.
..,...."""~
.,.- ~ \... SAt¡~-
l ~C""""'";\~~"
l.:;..F 1AR '\
(SEAL) .': +° }' '" :
, : _.- ~ :
. ... t (,'
\ ... pu»\"\ () E
\ ú',"" . § ¡
. "......' '9,.,
"'...:' ) c or "-.,,,-
..........,,'
T Y PUBLIC FOR IDAHO
Re idin at: fIIIeridl4.IA
Co lssion Expires: 0'/ bot '>7
I I
~
EXHIBIT A
EASEMENT DESCRIPTION
FOR
McKAGUE F AMIL Y REVOCABLE LIVING TRUST
SEWER AND WATER MAIN EASEMENT
An easement for sewer and water main purposes located in the NE Y. of the SE 'j,¡ of Section 18,
Township 3 North, Range I East, Boise Meridian, Ada County, Idaho, more particularly
described as follows:
Commencing at a brass cap monument marking the northeasterly comer of said NE Y. of the
SE Y. from which an aluminum monument marking the southeasterly corner of the SE 'j,¡ of said
Section 18 bears S 0°30'32" W a distance of2659.49 feet;
Thence S 0°30'32" W along the easterly boundary of said NE Y. of the SE 'j,¡ a distance of
453.34 feet to a point;
Thence leaving said easterly boundary S 89°32'05" W a distance of 240.55 feet to the POINT
OF BEGINNING;
Thence N 0°27'55" W a distance of 10.00 feet to a point;
Thence S 89°32'05" W a distance of25.00 feet to a point;
Thence S 0°27'55" E a distance of 10.00 feet to a point;
Thence N 89°32'05" E a distance of25.00 feet to the POINT OF BEGINNING;
This parcel contains 0.006 acres (250 sq. ft.) and is subject to any other easements existing or in
use.
Prepared by: Glenn K. Bennett, PLS
Civil Survey Consultants, Incorporated
November 10, 2004
page~
SECTION 18,
EXHlBfT B
SEWER AND WATER MAfN EASEMENT
LOCATED IN THE NE 1/4 OF THE SE 1/4 OF
TOWNSHIP 3 NORTH, RANCE 1 EAST, BOISE MER/ÐlAN, ADA COUNTY.
LOCUST GROVE ROAD UTILITY IMPROVEMENTS
IDAHO.
EASEMENT GNAMOR' McKAGUE FAMILY REVOCABLE UVING TRUST
ADDRESS: 885 S. LOCUST GROVE ROAD
MERIDIAN. ID 83842
0
t
50
100
200
300
I
I I
SCALE: 1"=100'
0
""""'"
"""" 0<0,"
ŒJ
"",." ""'" '"oe"", "W" ""'"
18 17
/920