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Sanitary Sewer and Water Main Easement with McKibbin, Dennis P. and Debra J. for 2820 S. Eagle Road North ''''. ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 6 BOISE IDAHO 08/03106 01 :39 PM ~.~~~~~E~~~~~U~~rOIF III 1111111111 111111111111111111111111 City 01 Meridian 106124820 ---------._- --~ ... This sheet has been added to the document to accommodate recording information. Sanitary Sewer and Water Main Easement at 2820 South Eagle Road (north property) Approved by the Meridian City Council on July 25, 2006. SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this _ uay uf ,20_between Dennis P. and Debra J. McKibbin , the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party ofthe 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 tor 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 of the henefits to he 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 anu uperatiun uf sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of thc 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 EXPRESSL Y 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 adj acent 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 EASMT.S&W.doc THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perelmial 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 ofthe right-of-way and easement hereby granted shall become part ot~ 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. GnNTOR: ~1.1l!7~ Dennis P. McKibbin !Jdr-,~ WJc!-KJL Debra 1. McKilMn STATE OF IDAHO) ) ss. County of Ada ) .J:t:~ _.'--~O~~ '~~... 171t 'Ii-, ~ -r'\ , ...: t _ - . . . . \ ' . \.~/ ...... On this /7 -d day of ~~,. , 202..i, before me, tbe 1U1dersigned, a Notary Public in and for said State, personally appeared l>MA"~ P. ~G 1r:~.b.6"/J and De..h,a. "S- /'1c:.A':~.."'" , proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day' and year fist above written. ~ ~/ f?~ NOTARY PUBLIC FOR IDAHO Residing at: c."P~'/? t::P"''} ........" Conunission ExPIres: ~/$/~t!J/1 Sanitary Sewer and Water Main Easement EASMT.S&W.doc GRANTEE: CITY OF MERIDIAN r \\\,\11111'"/1 \\\\ ~ ~'I(' ,'\\..J IJI 11// 0'~~' ~/, ,$'..... V-~ '~ ~ ~.. ~ g 0 ~ - - - - ~ SIAL ~ City Clerk ~ "YCh_ "~D f /J ~ e:- 6<-//"7<?, '~r- 181" . ~ ~.:::' -(."., "'/... t1 /"1"/1 CQ lNT'i . " \\",,,, 'III ,\" I//Ilfll ,"11\'\ Approved By City Counci IOn: STATE OF IDAHO, ) : ss. County of Ada ) ?n this 3~ ~day of J().,lL,y ,2006, before me, the lUldersigned, a Notary Public 111 anu fur saId Statt:, pt:rsonally 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 oflicial seal the day and year first above written. ~.....l;~.... . 41. . I ~O""'" ... (SEA~ ! ..,. , \ . . . . . , I . . " . W:.~- I · ~~~.. .".wP". gtl o.A fYlJnu~ NOT AR Y PUBLIC FOR IDAHO Residing at: Y'vuJbv,- JJ Commission Expires: I ()-r.S- -{ { Sanitary Sewer and Water Main Easement EASMT.S&W.doc EASEMENT DESCRIPTION FOR CITY OF MERIDIAN SEWER AND W ATEREASEMENT A parcel located in the SW l;4 of the SW l;4 of Section 21, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at an brass cap monument marking the southwesterly corner of said SW Yr of the SW l;4 from which an brass cap monument marking the northwesterly corner of said SW l;4 of Section 21 bears N 0000'09" W a distance of2700.12 feet; Thence N 0000'09" W along the westerly boundary of said SW Yr a distance of 1259.00 feet to a point; Thence leaving said westerly boundary N 89059' 51" E a distance of 48.00 feet to the POINT OF BEGINNING; Thence N 89059' 51" E a distance of 8.00 feet to a point; Thence N 0000'09" W a distance of26.00 feet to a point; Thence S 89059' 51" W a distance of 8.00 feet to a point; Thence S 0000'09" E a distance of26.00 feet to the POINT OF BEGINNING. This parcel contains 2mtOO square feet (0.005 acres) and is subject to any easements existing or 111 use. Prepared by: GlelUl K. Bennett, PLS Civil Survey Consultants, Incorporated July 19,2006 __--.--L-~ I \ \ \ \ \ "l- Q.. \ I I \ \ \ \ \ \ \ __-\var-\ , \ \ \ \ ~ , \ \ , \ \ \ \ \ ~) ) ~~/ ~ Vl t:i ".., ~ ~ t:-.\S ~~ ~<n ~Cl.. vJ. 'S: ~~~ ~~ ~~- 84 :>.: t:. ~~ \;""\ ~ ':2:. ~';z;.';:) ~ ~~ ~ C4 ~~ '2:. I:Ii <<: "":t'. ~~ ~ ~ t:q ~~ ~ "..,~ k4 ';;!:o ':a tri tf) ~ tIt:l~ ';>.. ~ C) ~ 4, lX:l ~C) tz,~ ~~ ~ ~ ~ Q ~ t:3 Co -4 ~ ~ ~ ~ --; ~ ~ ~ C\C\';t (Strl %~C;) "<t,.~e Cl...~z ~~:!\ z<:::>~ ~t';jtl::. ~~~ ~~ ~~ ~- I::l~ ~ ~ ~ tt:\ tS \.J.J t " -~ o U) .--- ~CJ O)CJ I.() 0:.) ~""" CQ <: o o .--- '0 Ul II .- ~ (.) I/l o Ul Ul N o Gi3 ~"\ ,'\ - C'-.l ~-\-C-'~------- \.J.J \ ' $. ~(;) I" ~ \ 0)0" ~ \ ~ CJ i If'lIX:) ~ (;) \' CJ 0) ~ CJ g\6 CQ %\6 .""" t '"' . C'-.l . 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