Sanitary Sewer and Water Main Easement with Mussell, Tim J. and Carol M., Kuna Victory, LLC and Victory Corner, LLC for Mussell Corner
ABOD,ASCOUNTY RECORDER J, DAVID NAVARRO AMOUNT .00
E IDAHO 06/29/05 10'59 AM 6
DEPUTY Pall¡ Thompson' IIII
~i~~rg~~~~EaUEsT OF 1111111 illU~J~l~ !" I III III III
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SANIT ARY SEWER AND WATER MAIN EASEMENT
THIS INDENTURE, made this ~ day of ~ 2005 between Tim J. Mussell and Carol M.
Mussell. husband and wife. Kuna Victory. LLC. and Victory Comer. LLC, 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 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 ofthe 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 the Grantee, in making future repairs, will expediently replace and restore the premises
to a condition comparable to that existent prior to undertaking such repairs and replacement.
However, the Grantee will not be responsible for repairing, replacing or restoring any
permanent 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, large trees or brush within the area described for this easement,
Sanitary Sewer and Water Main Easement Page 1 C036402
EASMT.S&W 042805 pag~Lk
which would interfere with the use of said easement, for the purposes stated herein.
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.
tiOrÆt 117 ~
C . Mussell
KUNA VICTORY,LLC
. OAAS LANEY, LLC., its member
By: S Laney, its member
member
VICTORY CORNER, LLC
: STEWART LANEY OAAS, INc., its member
By: Ste aney, its secretary
Secretary
EY OAAS, INC.
STATE OF IDAHO)
) ss
)
On this aV\.Å day of ~ - ,2005, before me, the undersigned, a Notary
Public in and for said State of Idaho, personally appeared Tim J. Mussell and Carol M.
Mussell, known or identified to me to be the persons whose names are subscribed to the
within instrument, and acknowledged to me that they executed the same.
County of Ada
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
Sanitary Sewer and Water Main Easement
EASMT.S&W 042805
Page 2
C036402
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NOT. RY PU LIC FO IDAHO
Residing at:
Commission expires on:
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County of Ada
STATE OF IDAHO)
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On this 4- ~ day of ~ ,2005, before me, the undersigned, a Notary
Public in and for the State ofIdaho, p onally appeared Steven Laney, known or identified
to me to be a member of OAAS LANEY, LLC, an Idaho limited liability company, one of
the members of KUNA VICTORY, LLC, and the member or one of the members who
subscribed said limited liability company name to the foregoing instrument, and
acknowledged to me that he executed the within instrument on behalf of said OAAS
LANEY, LLC, and that such limited liability company executed the same in said limited
liability company name.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
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STATE OF IDAHO)
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County of Ada )
On this ~ day of ,2005, before me, the undersigned, a Notary
Public in and for the State ofId 0, rsonally appeared Steven Laney, known or identified
to me to be the Secretary of STEWART LANEY OAAS, INC., one of the members of
VICTORY CORNER, LLC, and the member or one of the members who subscribed said
limited liability company name to the foregoing instrument, and acknowledged to me that he
executed the within instrument on behalf of said STEWART LANEY OAAS, INC., and that
such corporation executed the same in said limited liability company name.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
Sanitary Sewer and Water Main Easement
EASMT.S&W 042805
Page 3
C036402
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GRANTEE: CITY OF
DIAN
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STATE OF IDAHO)
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County of Ada )
On this ).ßt- day of Jltll\t. ,20 05 , before me, the undersigned a Notary Public in and
for the State of Idaho, 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 by official seal the day and
year first above written.
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Sanitary Sewer and Water Main Easement
EASMT.S&W 042805
Page 4
C036402
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EXHIBIT A
COMMON USE PUBLIC WATER AND SEWER EASEMENT
FOR MUSSELL CORNER SUBDIVISION
A common use public water and sewer easement over, under and across a parcel of land being a
portion of U.S. Government Lot4 of Section 19, Township 3 North, Range 1 East, Boise
Meridian, Ada County, Idaho and more particularly described as follows:
Commencing at an aluminum cap marking the SW Corner of said U.S. Government Lot 4, thence
along the West line of said u.S. Government Lot 4, also being the centerline of S. Kuna-Meridian
Road, NOo055'37"E a distance of 668.21 feet to a point ÍÌ"om which a 5/8 inch rebar marking the
NW Comer of said U.S. Government Lot 4 bears NOo055'37"E a distance of 662.12 feet, thence
leaving said West line S89°04'23"E a distance of70.00 feet to a point being the POINT OF
BEGINNING;
Thence S89°04'23" E a distance of20.00 feet to a point;
Thence SOO055'37"W a distance of20.00 feet to a point;
Thence N89°04'23"W a distance of 10.00 feet to a point;
Thence SOO055 '37"W a distance of 12.00 feet to a point;
Thence S89°04'23" E a distance of20.00 feet to a point;
Thence SOO055'37"W a distance of20.00 feet to a point;
Thence N89°04'23"W a distance of20.00 feet to a point;
Thence SOO055'37"W a distance of 10.00 feet to a point;
Thence S89°04'23"E a distance of9.00 feet to a point;
Thence SOo055'37"W a distance of20.00 feet to a point;
Thence N89°04'23"W a distance of9.00 feet to a point;
Thence SOo055'37"W a distance of 100.42 feet to a point;
Thence S89°04'23"E a distance of 234.10 feet to a point;
Thence SOo055'37"W a distance of 173.71 feet to a point;
Thence S89°04'23"E a distance of25.90 feet to a point;
Thence SOO055'37"W a distance of20.00 feet to a point;
Thence N89°04'23"W a distance of 45.00 feet to a point;
Thence S45°55'37"W a distance of52.33 feet to a point;
Thence SOO055'37"W a distance of 192.86 feet to a point;
Thence S89°59'31"W a distance of22.00 feet to a point;
Thence NOO055'37" E a distance of 199.51 feet to a point;
Thence N45°55'37"E a distance of68.01 feet to a point;
Thence NOO055'37"E a distance of 146.33 feet to a point;
Thence N89°04'23"W a distance of 163.21 feet to a point;
Thence SOooOO' OO"W a distance of 28 .31 feet to a point;
Thence N90000'00"W a distance of20.00 feet to a point;
Thence NOOOOO'OO"E a distance of28.64 feet to a point;
Thence N89°04'23"W a distance of 30.89 feet to a point being 70.00 feet east of said West line as
measured perpendicular to said West line;
Thence parallel with said West line, NOo055'37" E a distance of212.42 feet to the POINT OF
BEGINNING;
CO36402 _sewer-water - easement_legal- 022305hwe.doc