Sanitary Sewer Easement with Bellingham Park, LLC for Bellingham Park No. 1
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ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 07/31/06 02:44 PM
DEPUTY Bonnie Oberbillig
RECORDED-REQUEST OF
Meridian City Public Works
AMOUNT
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106122359
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SANITARY SEWER RASE.MENT
THIS INDENTURE, made this 19__day of1u,h1_, 2d'l"tbetwee;ou\I.D.Q~ \br~Jl1.J 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 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
Grantee;
NOW, THEREFORE, in consideration of the 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 a sewer line
over and across the following described property:
(SEE ATTACHED EXHIBIT A and B)
The easement hereby granted is for the purpose of construction and operation of a sanitary
sewer line 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 performing 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.
THE GRANTORS hereby covenant and agree that they will 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. . \ 5
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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 of the first part have hereunto subscribed their
signatures the day and year first herein above written.
GRANTOR:
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STATE OF IDAHO)
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County of Ada )
On this /3" day of C);/_iAr , 20_~~, before m , the undersigned, a Notary
Public in and for said State, ~~ally appeared ,,-_ _ and
! 0<.. {d p (jIa.s ~ () (.1 ) _m_' known or iden die to me to be the President and
Secretary, respecti ely, of the corporation that executed the within instrument, and
acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year fist above written.
ilf~
NOTARY PUBLIC FOR IDAHO
Residing at: 13~ "p d (} ht,
Expires: 0 I ~tJ - ;;0/ I
Commission
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7/12/2006
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GRANTEE: CITY OF MERIDIAN
Tammy de We
d'f4L-;6-~(9- { y BEAL
Attest by William G. Berg, City Clerk \. 7. ~ "rP.
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Approved By City Council On: . _ '/ ~~II . \'
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STATE OF IDAHO, )
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County of Ada )
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On this '~\ day of J If-,lv , 200~, 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.
~{1 {)Jlif7 ~u~~7
(SEAL) NOTARY PUBLIC FOR IDAHO
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Commission Expires: 10 -/ S -{ (
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IDAHO
SURVEY
GROUP
1450 East Watertower St.
Suite 150
Meridian, Idaho 83642
Phone (208) 846-8570
Fax (208) 884-5399
Project No. 04-063-03
July 18, 2006
Meridian Sanitary Sewer Easement
Bellingham Park Subdivision No.1
A 20.00 foot wide Sanitary Sewer Easement located in-the SW 1/4 of Section 29~
T.3N., R,IE., B.M., Ada County, Idaho, more particularly described as follows:
Commencing at the Southwest corner of said Section 29; Thence along the section line
North 00030'01" West, 1675.06 feet; Thence North 86025'08" East, 40.06 feet to a point
on the East right-of-way of S. Locust Grove Road and the REAL POINT OF
BEGINNING.
Thence continuing North 86025'08" East, 286.97 feet;
Thence North 56034'54" East, 95.52 feet;
Thence 20.56 feet along the arc of a non-tangent curve to the right, having a
radius of 58.00 feet, a central angle of20018'54", and a long chord bearing North
45033'07" West, 20.46 feet;
Thence South 56034'54" West, 85.90 feet;
Thence South 86025'08" West, 280.57 feet to a point on said East right-of-way of
S. Locust Grove Road;
Thence along said right-of-way South 00030'01" East, 20.03 feet to the Point of
Beghming.
Prepared By:
Idaho Survey Group, P.C.
D. Terry Peugh, PLS
Professional Land Surveyors
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PLS 7323
NS9'44'03"W 659.95'
TERRIER SUBDIVISION
Bk 83, Pg 9099
5.30 5.29 E. AMITY ROAD {-
5.31 S.32 - 589'43'51"E -2645.04'
5.29 1/4
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5.32
LINE TABLE
LINE LENGTH BEARING
L1 40.06 6'25'08" E
L2 95.52 5 '34'54" E
L3 85.90 56'34'54" W
L4 20.03 S 00'30'0'" E
......../DAHO
.cOc-- :." 1450E.WATERTOWERST_
:15'6-- SURVEY SUITlO 150
.. :: . ",," MERIDIAN, IDAHO 63642
" ': (20B) 646--6570
". .:" GROUP, P.C.
SANITARY SEWER EASEMENT EXHIBIT FOR
BELLINGHAM PARK SUB NO.1
CITY OF MERIDIAN
LOCATED IN THE SW 1/4 OF SECTION 29, T.3N., R.1E.,
MERIDIAN, ADA COUNTY, IDAHO