Sanitary Sewer and Water Main Easement with Kimball Properties Limited Partnership for Bonito Sub No. 2
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 5
BOISE IDAHO 06/29/05 10:59 AM
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City of Meridian 105085930
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SANITARY SEWER AND WATER MAIN EASEMENT
THIS INDENTURE, made this L day of ~t\(., 20 ~etween Kimball Properties Limited
Partnership, 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 additional 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 ofthe 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 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
18073grant
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THE GRANTORS hereby covenant and agree that they will not place or allow to be placed
any pennanent 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 ofthe
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 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:
Winston. Mo er
Kimball Properties Limited Partnership
County of Ada
STATE OF IDAHO)
) ss
)
On this ? ~ day of :r- ù Y\e... , 20 es;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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~ ~~REOF, I have hereunto set my hand and affixed my official seal the day
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GRANTEE: CITY OF MERIDIAN
Sanitary Sewer and Water Main Easement
18073grant
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Approved By City Council On:
STATE OF IDAHO, )
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County of Ada
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On this ;.1 ~+ day of JIl"'-~ , 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, of the 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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Sanitary Sewer and Water Main Easement
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EXHIBIT "A"
DESCRIPTION FOR CITY OF MERIDIAN-ADDITIONAL
SANITARY SEWER AND WATER MAIN EASEMENT
FOR BONITO SUBDIVISION NO.2
February 10, 2005
A PARCEL OF LAND BEING A PORTION OF LOTS 8 AND 10, BLOCK 4,
BONITO SUBDIVISION NO.2 AS RECORDED IN BOOK 92 OF PLATS AT
PAGE 10877, 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 20,1.3 N., R.1
E., B.M., THENCE S 00°14'50" W 1404.50 FEET ALONG THE EAST LINE OF
THE NE % OF SAID SECTION 20 TO A POINT;
THENCE N 90°00'00" W 178.11 FEET AN ANGLE POINT ON THE LINE
COMMON TO LOTS 8 AND 10, BLOCK 4, THE REAL POINT OF BEGINNING
OF THIS DESCRIPTION;
THENCE S 00°00'00" W 5.00 FEET TO A POINT;
THENCE S 90°00'00" W 15.00 FEET TO A POINT ON THE EASTERLY LINE
OF THAT EXISTING SANITARY SEWER AND WATER LINE EASEMENT,
INSTRUMENT NO. 105034661;
THENCE N 00°00'00 E 5.00 FEET ALONG SAID EASTERLY LINE TO A POINT;
THENCE N 90°00'00" E 15.00 FEET TO THE REAL POINT OF BEGINNING OF
THIS DESCRIPTION.
MICHAEL E. MARKS
P.LS. NO. 4998
18073SEW - W AT -EASE3
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SEE PLAT OF BONITO
SUBDIVISION NO.2
PLA T BOOK 92 AT PAGE 10877
ADA COUNTY RECORDERS
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REVISIONS
DRAWN: MEM
EXHIBIT
E. OVERLAND ROAD 17116
C_P_& F. NO- 103135428 20 21
BONITO SUBDIVISION
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CITY OF MERIDIAN-ADDITIONAL
SANITARY SEWER AND WATER LINE EASEMENT
FOR BONITO SUBDIVISION NO.2
NE 1/4, SECTION 20, T.3 N., R.1 E., B.M.
MERIDIAN, ADA COUNTY, IDAHO
C?
Stanley Consultants INc.
1940 S. BONITO WAY
SUITE 140
MERIDIAN, IDAHO 83642
208~288-0573
DATE:
5/23/05
SCALE: NTS
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