Sanitary Sewer Easement with McNelis, Edward and Falcon Creek LLC for Black Cat Sewer Project
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 7
BOISE IDAHO 09/02105 10:40 AM
DEPUTY B~nle Oberbillig 1111111111111111111111111111111111111
RECO~DED. REQUEST OF 105127514
Meridian City
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This sheet has been added to document
to accommodate recording information
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¡ SANITARY SEWER EASMENT !
BLACK CAT SEWER PROJECT
! FALCON CREEK LLC
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No.0023
p. 1 0
EXHIBIT A
SANITARY SEWER EASEMENT
THIS INDENTURE, effective this - day of , 2004, by the undersigned Edward
McNelis, Member of Falcon Creek, LLC, a limited liability company which maintains a
mailing address at 621 North Robinson Road, Nampa, Idaho 83687, hereafter referred to
as 14GRANTOR", for the benefit of the City of Meridian, a municipal corporation of the State
of Idaho that maintains a mailing address of 33 East Idaho Street, Meridian, Idaho 83642,
hereafter referred to as "CITY"..
WITNESSETH:
WHEREAS, the Grantor desires to provide a sanitary sewer right-of-way aCross the
premises and property hereinafter particularly bounded and described; and
WHEREAS, the sanitary sewer is to be provided for through an underground
pipeline to be constructed by others: and
WHEREAS, it will be necessary to maintain and selVice said pipeline from time to
time by the CITY;
NOW, THEREFORE, in consideration of the benefits to be received by the Grantor,
and other good and valuable consideration, the Grantor does hereby give, grant
and convey unto the CITY the right-at-way for the permanent and temporary
construction easements for the construction, operation and maintenance of a
sanitary sewer line over and across the following described property,~
(SEE ATTACHED LEGAL DESCRIPTIONS)
The Dermanent easement hereby granted is for the purpose of con5truction and
operation of a sanitary sewer line and allied facilities, together with maintenance,
repair and replacement at the convenience ofthe CITY, with the free right of access
to such facilities at any and all times.
The temDorarv construction easement is for the purpose ot construction of a
sanitary sewer line and related incidental work. The temporary construction
easement shall expire when the construction contract terminates at which time
payment for the temporary construction easement will be sent by certified mail to
the GRANTOR by the CITY"
SANITARY SEWER EASEMENT, Page 1 of 3
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No.0023
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TO HAVE AND TO HOLD, the said permanent easement and right-ofÞway unto the
said CITY, its successOrs and assigns forever..
1. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between
the parties hereto, that the CITY, in constructing and in making future
repairs, will expediently replace and restore the premises to a
condition comparable to that existent prior to undertaking such
construction, repairs and replacement However, the CITY 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 GRANTOR does 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, which would ¡ntertere with the use of said easement,
for the purposes stated herein.
THE GRANTOR does hereby covenant with the CITY 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"
SANITARY SEWER EASEMENT, Page 2 of 3
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IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures the
day and year first hereinabove written..
(Notarize)
STATE OF IDAHO)
) S8
County of Ada) ~
ON THIS L... day of . in the year ¿t)1.J=---;
before me, a Notary Public in nd 0 said State. personally appeared
£dW4Y,l-- ~lk.¡' r n to me to be a member ofthe limited
liability company that executed the instrument or the person who executed the
instrument on behalf of said limited liability company and acknowledged to me that
such limited liability company execute e same,
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BENEFICIARY:
SANITARY SEWER EASEMENT, Page 3 of3
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No 0023
p. 13
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Engineers
SllTVeyors
Pllinner$
Project: 11873
Grantof: F"alcon Cfeek LLC
Parcel: 15
Date: December 15, 2003
EASEMENT DESCRIPTION
That portion of the Southeast'!4 of Section 34, Township -4 North, Rang,e 1 West, 8oise Meridian,
Ada County, Idaho, as shown on the attached exhibit, and more particularly described as follows:
A permanent easement lylnll within the following described line:
Commendng itt the Southeast corner of Section 34, marked by a bfðSs cap¡ thence along the
Southerly boundary of said section, North 89"07'08" West, 923.68 feet to the No.1 POINT OF
BEGINNING¡
thence continuing Westerly alonll said line, North 89.0708" West, 11..27 feet¡
thence North 36.49"49" West, 734.84 feet;
thence North 36 ° 21'36" West, 79.35 feet;
thence NOfth 03' 00"54" East, 453.34 feet¡
thence South 86 "15'23" East, 15..00 feet;
thence South 03" 00"54" West, 447,078 feet;
thence South 36°21'36" East, 815,61 feet to the POIN'r OF BEGINNING,
Containing 0,384 acres (16,745 squ~re feet), more or less..
TOGETHER WITH:
A temporary easement lying within the following described line:
Commencing at the Southeast corner of Section 34, marked by a brass cap; thence along the
Southerly boundary of said section, North 89.07'08" West, 885..99 feet to the No, 2 POINT OF
BEGINNING;
thence continuing West!trly along said line, North 89" 07'08" West¡ 37..68 feet;
thence North 36'21'36" West, 815..61 feet¡
thence NOfth OJ" 00'54" East, 447.78 feet;
thence South 86" 1 5'23" East, 66..82 feet;
thence South 02" 45'07' West, 20..00 feet;
thence North 86. 1 5'2)" W@st, 36,,91 feet¡
thence South or 00'54" West, 416..66 feet;
thence South 36°21'36" East, 827..68 feet to the POINT OF BEGINNING..
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No.0023
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EngÎlleers
Surveyors
Planners
Easement Description
December 15, 2003
Page 2
Containing 0.887 acres (38,656 square feet). more or less"
ALSO:
A temporary easement lying within the foltowing described line:
Commencing at the Southeast corner of Section 34. marked by a brass cap; thence North 51.41'41"
West, 1,807..63 feet to the No.3 POltl4T OF BEGINNING;
thence South 03'00'54" West, 20.00 feet;
thence North 86 '15'2]" West, 42.10 feet;
thence North 02' 45'0; East. 20,,00 feet;
thence South 86 '15'23" East, 42,19 feet to the POINT OF BEGINNING..
Containing 0.019 acres (843 square feet), more or less,
END OF DESCRIPTION
Prepared by:
J-U-B ENGINEERS. Inc.
Ronald M:. Hodge. P.LS,
RMH/mrc:lhc
F:\ProjectMlmagers\PHK\1 t8n'BliCk (ilt\11873,Sur\OI:scriptiOllS\PARCEl15(penn).cloc
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FIVE MILE ORA
LINE TABLE
LINE LENGTH BEARING
L1 66,82' 58615'23.E
L2 20.00' S02'45'07.W
IN LJ 36,9" NB6'S'23.w
L4 20.00' SOJ'OO'54.W
L5 42.10' NB6' S'23.W
L6 20.00' NO2'45'07.E:
L7 42.19' 586'5'23"E
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LEGEND
- - - PROPERTY UNE
PER~ANENT EASEMENT
TEMPORARY CONSTRUCì10N
EASEMENT
R/W EXISllNG RIGHT OF WAY
- - - - CENTER UNE
- - - SECTlON LINE N.
~ BRASS CAP
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R/W
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R/W
N89"O7'oa"W
11..27'
~9'O7'08rs", 88 ,99'
N89'Ol'O8"W 37.68'
N89'O7'OS.W 923,6S'
NO.1 POINT OF
BEGINNING
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34 35
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