Sanitary Sewer and Water Main Easement with Moore, W.H. for Shell
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 5
BOISE IDAHO 05118/06 02:03 PM
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Meridian Citv 106078394
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SANITARY SEWER AND WATER MAIN EASEMENT
THIS INDENTURE, made this 2i day of~. 20 Obbetween k: I ~bolJ... P"1lfw/¡1l.5 U1, 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 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 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
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THE GRANTORS hereby covenant and agree that they ~-i]] 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 ofthe first part have hereunto subscribed their
signatures the day and year first herein above written.
STATE OF IDAHO)
) ss
County of Ada )
On this ~ day of ---Af'¡I!JI, , 20b..Ç" befor~ ~the undersigned, a Notary
Public in and for said State, personally appeared £J I VlJ~ Hi /2æ¡r-t!- and 1'~'7~
, kno~o~ identified to me to be the President !tnd
~t:;\ry, r@gp~wtiv81,', of the ~ {I1at executed the within instrument, and
acknowledged to me that such eerporatiWl,executed the same.
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IN WITNES S WHEREOF, I have hereunto et my hand and affixed my official seal the day
an:¿~~~: written.
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GRANTOR:
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Secretary
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GRANTEE: CITY OF MERIDIAN ,,\\\\lIIIII/!;1111
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Tammy
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Approved By City Council On:
STATE OF IDAHO, )
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County of Ada )
On this---14-day of~'llíU~ ' 2ŒJ...B 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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NOTARY PUBLIC OR IDAJ;IO
Residing at: 2/ l J /-i ,Yc/
Commission Expires: I tl-/j-/(
Sanitary Sewer and Water Main Easement
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TOOTHMAN ..ORTON ENGINEERING COMPANY
CONSULTING ENGINEERS, SURVEYORS AND PLANNERS
9777 CHINDEN BOULEVARD
BOISE, IDAHO B3714-2008
208-323-2288 . FAX 208-323-2399
boise@toengrco.com
Project: 05191
Date: April 25, 2006
Page: 1 of I
EXIllBIT "A"
Waterline Easement - Lot 11, Block 4 of Bonito Subdivision No.2
A 10-foot wide strip of land situated within Lot 11, Block 4 of Bonito Subdivision No.
2, in the NE \14 of Section 20, Township 3 North, Range 1 East, Boise Meridian, City of
Meridian, Ada County, Idaho, as filed in Book 92 of Plats at Pages 10877 through 10879,
located 5-feet on each side of the following described centerline:
COMMENCING at a point marking the northeasterly corner of said Lot II; thence,
along the easterly line of said Lot 11,
A) S.OooOO'OO"W., 49.14 feet; thence, leaving said easterly line,
B) S.90o00'OO"W., 10.78 feet the POINT OF BEGINNING; thence, continuing
1) S.90o00'00"W., 48.00 feet to the POINT OF TERMINUS.
, .
BOISE. COEUR d'ALENE . CALDWELL
Page 4- nQ
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EXHIBIT "B WATERLINE EASEMENT
LOT 11, BLOCK 4-BONITO SUBDIVISION NO.2
LOCATED IN THE NE 1/4 SECTION 20,
TOWNSHIP 3 NORTH, RANGE 1 EAST, 8.M.
CI1Y OF MERIDIAN, ADA COUN1Y, IDAHO
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R.O.S. NO. 6826
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PROPOSED BUILDING
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BONITO SUBDIVISION NO.2
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ENGINEERS SURVEYORS PLANNERS
9777 CHINDEN BOULEVARD. BOISE, IDAHO 83714-2008
PHONE: 208-323-2288 . FAX: 208-323-2399
E-FlLE: H:\O5191\Xref\Base\ExhibitB.OWG DATE: 04/ 5/ 6 JOB: 05191
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