Sanitary Sewer Easement with Charter Builders, Inc. for SIlver Oaks
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 12115/05 02:25 PM
DEPUTY Vicki Allen
RECORDED -REQUEST OF
Meridian City
AMOUNT .00
8
1111111111I1/11111111111111111/111111
1051 '31330
This sheet has been added to document
to accommodate recording information.
SANITARY SEWER EASEMENT
TH IS INDENTURE, effective this 21 ST day of November, 200~, by the undersigned Charter
Builders Inc., who maintains a mailing address of 2084 S. Eaale Road, Meridian, 10 83642,
hereafter referred to as "GRANTOR" 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 service said pipeline from time to
time by the CITY;
NOW I 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-of-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 EXHIBITS A-1, A-2, & A-3)
The permanent easement hereby granted is for the purpose of construction and
operation of a sanitary sewer line and allied facilities, together with maintenance,
repair and replacement at the convenience of the CITY, with the free right of access
to such facilities at any and all times.
The temporary construction easement is for the purpose of construction of a
sanitary sewer line and related incidental work. The temporary construction
easement shall expire when the construction contract terminates.
TO HAVE AND TO HOLD, the said permanent easement and right-of-way 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.
SANITARY SEWER EASEMENT, Page 1 of 2
THE GRANTOR(S) do 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 interfere with the use of said easement,
for the purposes stated herein,
THE GRANTOR(S) does hereby covenant with the CITY that he is lawfully seized
and possessed of the aforementioned and described tract of land, and that he has a
good and lawful right to convey said easement, and that he will warrant and forever
defend the title and quiet possession thereof against the lawful claims of all persons
whomsoever.
IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures
the day and year first hereinabove written.
CGr~A. /! O~
Charter Builders Inc.
By: George P. O'Neal, President
STATE OF IDAHO)
) ss
County of Ada )
On this 3O..yt-- day of ;tjv'~ ,2005, before m~ jlA ~/~ ,
personally appeared~6~ P oA.JeA ( , proved to me on the
basis of satisfactory evidence to be the persons whose names is subscribed to the
within instrument, and acknowledged that they executed the same.
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Beneficiary: CITY OF MERIDIAN
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NOTARY PUBLIC FOR IDAHO
My Commission Expires on6/Q /-ZOID
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Date approved by Council:
SANITARY SEWER EASEMENT, Page 2 of 2
STATE OF IDAHO. )
ss.
County of Ada )
On this Lv day Of~CvVh beL> , 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)
Shttl\ m ~~c/-t~
NOTARY PUBLIC FOR IDAHO
RESIDING AT: C/fYl-<- L0o-- ~)dL
MY COMMISSION EXPIRES: (()-/5""-((
SANITARY SEWER EASEMENT, Page 3 of 3
EXHIBIT A-1
Project:
Parcel No:
Date:
11873
51210438520
November 17, 2005
PARCEL DESCRIPTION
PERMANENT EASEMENT
That portion of the Southeast % of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada
County, Idaho, as shown on the attached exhibit, and more particularly described as follows:
Commencing at the Center % corner of Section 10; thence along the Westerly boundary of the
Southeast % of said section, South 00032'30" West, 1,065.60 teet to the Southerly right-at-way of the Oregon
Short Line Railroad; thence along said right-ot-way, South 88027'03" East, 1,051.30 feet to the POINT OF
BEGINNING;
thence continuing along said right-of-way, South 88027'03" East, 58.58 feet to the Easterly boundary of
Sliver Oaks Subdivision;
thence along said boundary, South 01 032'59" West, 1,173.55 feet;
thence North 88027'10" West, 10.00 teet;
thence North 01033'00" East, 659.59 feet;
thence North 43027'03" West, 28.28 feet;
thence North 01 032'57" East, 464.16 feet;
thence North 88027'55" West, 28.58 feet;
thence North 01033'17" East, 29,81 feet to the POINT OF BEGINNING.
Containing 0.520 acres, more or less.
END OF DESCRIPTION
Prepared by:
J-U-B ENGINEERS, Inc.
Ronald M. Hodge, P.L.S,
RMH/TLK: lhc
\ \Bo;sefiles\Public\ProjectlYlanagers\PHK\ 11 87J.Black Cat\Admin\Descriptions\ 11 873SitverOaks.Perm .doc
EXHIBIT A-2
Project:
Parcel No:
Date:
11873
51210438520
November 17, 2005
PARCEL DESCRIPTION
TEMPORARY EASEMENT
That portion of the Southeast 14 of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada
County, Idaho, as shown on the attached exhibit, and more particularly described as follows:
Commencing at the Center 14 corner of Section 10; thence along the Westerly boundary of the
Southeast Y4 of said section, South 00032'30" West, 1,065.60 feet to the Southerly right-of-way of the Oregon
Short line Railroad; thence along said right-of-way, South 88027'03" East, 959.88 feet to the POINT OF
BEGINNING;
thence continuing along said right-of-way, South 88027'03" East, 91.42 feet;
thence South 01033'17" West, 29.81 feet;
thence South 88027'55" East, 28.58 feet;
thence South 01 .32'57" West, 464.16 feet;
thence South 43"27'03" East, 28.28 feet;
thence South 01 033'00" West, 70.71 feet;
thence North 43"27'03" West, 98.99 feet;
thence North 01032'57" East, 364.86 feet;
thence North 88.27'55" West, 70.00 feet;
thence North 01.32'57" East, 149.83 feet to the POINT OF BEGINNING.
Containing 0.873 acres, more or less,
END OF DESCRIPTION
Prepared by:
J-U-B ENGINEERS, Ine.
Ronald M. Hodge, P.LS.
RMH/TlK:lhc
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