Sanitary Sewer Easement with Janicek, Vance and Sandra Janicek for Black Cat
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 07/06/06 02:03 PM
DEPUTY Palli Thompson
RECORDED - REQUEST OF
City of Meridian Public Works
AMOUNT .00
9
1111111111111111111111111111111111111
106108226
This sheet has been added to document
to accommodate recording information
r.....................SANITARy..sEWER..EAsMENT".....................l
2006 TRUNK SEWER i
VANCE & SANDRA JANICEK I
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SANITARY SEWER EASEMENT
THIS INDENTURE, effective this ~..... day Ofsj,vN,J, 2006, by the undersigned Vance
and Sandra Janicek, who maintain a mailing ad ress of 2390 W. Overland Rd., Meridian,
ID 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, 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, B-1, B-2.1, and B-2.2)
The permanent easement hereby granted is for the purpose of construction and
operation of a sanitary sewer line, together with maintenance, repair and
replacement at the convenience of the CITY, with the free right of reasonable
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 upon completion of the sanitary sewer line.
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 Grantor shall have the right to use and improve the easement
area for uses which do not interfere with the use of the said easement or the
purposes stated herein. Such uses shall include, but not be limited to
landscaping, a tree selection that is coordinated with the CITY, ingress, egress,
driveways, roads, parking, temporary storage, farming, pathways and utility
extensions. THE GRANTOR(S) do hereby covenant and agree that they will not
place or allow to be placed any permanent structures within the area described
for this easement that would interfere with the use of said easement, for the
purposes stated herein.
SANITARY SEWER EASEMENT, Page 1 of 3
2. 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(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 writte
Gr or
Vance Janicek, Owner
q s;,., d/lO ~"'/Y1.l CR-l
rantor
Sandra Janice , Owner
STATE OF IDAHO)
) ss
Cou nty of Ada )
On this b(n day of ~he...- , 2006, before me 0Ullee D. \AlDI.fe-~ ,
personally appeared Vance Janicek and Sandra Janicek, 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.
~'hVL1-bc
N RY PUBLIC FOR AHO
My Commission Expires on '7-;JJ-.?O 10
SANITARY SEWER EASEMENT, Page 2 of 3
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ATTEST: - 8!:iAL ::
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William Berg, Jr., City lerk \. ~ ~r ",1 .' '.f! j
Date approved by Council: 1\M\L '2-1) too" "'''1--"". ~r( i-;.)t""t
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By
STATE OF IDAHO, )
ss.
County of Ada )
On 1I1is [).{ day of ~Vl(\..,~ , 2006, before me, 1I1e
undersigned, a Notary Public in and for said State, personally appeared Joseph W.
Borton and William G. Berg, Jr., known to me to be 1I1e City Council Vice President 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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NOTARY PUBLIC FOR IDAHO fl I
RESIDING AT: i/VLe Uo~ ..YC{
MY COMMISSION EXPIRES: (O'-lS--t{
SANITARY SEWER EASEMENT, Page 3 of 3
Project: 11873
pate: March 28, 2006
EXHIBIT A-1
PARCEL DESCRIPTION
PERMANENT SEWER EASEMENT
That portion of the Southwest 1/4 of the Southeast 1/4 of Section 14, 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 South 1/4 corner of Section 14; thence along the Westerly
boundary line of the Southeast 11.4, North 00.35'50" East, 25.00 feet to the POINT OF
BEGINNING;
thence continuing along said line North 00.35'50" East, 974,12 feet;
thence South 52.36'26" East, 39.96 feet;
thence parallel with and 32.00 feet East of said Westerly boundary line
South 00.35'50" West, 753.37 feet;
thence South 03.28'56" West, 39.74 feet;
thence parallel with and 30.00' East of said Westerly boundary line South 00.35'50"
West, 157.16 feet to a point on the Northerly right-of-way of Overland Road;
thence along said Northerly right-of-way North 89.19'45" West, 30.00 feet to the
POINT OF BEGINNING.
Containing 0.699 acres, more or less.
END OF DESCRIPTION
Prepared by:
J-U-B ENGINEERS, Inc.
Gregory E. Holkesvig, P.L.S.
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JANICEK PERMANENT SEWER EASEMENT
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Project: 11873
Date: March 22, 2006
EXHIBIT B-1
TEMPORARY CONSTRUCTION EASEMENT
Exhibit 8-1.1
That portion of the Southwest 1/4 of the Southeast 1/4 of Section 14, 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 South 1/4 corner of Section 14; thence along the Westerly boundary Une of the
Southeast 1A; thence North 00'35'50" East, 999.12 feet to the POINT Of BEGINNING;
thence continuing North 00' 35'50" East, 62.44 feet;
thence South 52"36'26" East, 102.40 feet;
thence parallel with and 82.00 feet East of said Westerly boundary line South 00'35'50" West, 747.84 feet;
thence North 89'24'10" West, 50.00 feet;
thence parallel with and 32.00 teet East of said Westerly boundary Une North 00' 35'50" East, 722.79 feet;
thence North 52"36'26" West, 39.96 feet to the POINT OF BEGINNING.
Containing 0.926 acres, more or less.
TOGETHER WITH:
Exhibit 8-1.2
That portion of the Southwest 1/4 of the Southeast 1/4 of Section 14, 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 South 1/4 corner of Section 14; thence along the Westerly boundary line of the
Southeast 14, North 00"35'50" East, 25.00 feet to a point on the Northerly right-of-way of Overland Road; thence
along said Northerly right-at-way South 89'19'45" East, 30.00 feet to the POINT OF BEGINNING;
thence parallel with and 30.00 feet East of said Westerly boundary line North 00' 35'50" East, 20.00 feet;
thence parallel with and 20.00 feet North of said right-of-way South 89 '19'45" East, 20.00 teet;
thence parallel with and 30.00 feet East of said Westerly boundary line South 00.35'50" West, 20.00 feet
to a point on said right-ot-way;
thence along said right-of-way North 89.19'45" West, 20.00 teet to the POINT OF BEGINNING.
Containing 0.009 acres (400 square feet), more or less.
END Of DESCRIPTION
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