Sanitary Sewer Easement with Edmonds Groves Land Holdings, Inc. for Mason Creek Lift Station
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 5
BOISE IDAHO 03129/07 01:49 PM
DEPUTY Neava Haney 1111111111111111111111111111111111111
RECORDED - REQUEST OF 107044336
Meridian City
This sheet has been added to document
to accommodate recording information
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~ SANITARY SEWER EASE:rvtENT ~
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~ MASON CREEK LIFT STATION AND ~
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WIRT EDMONDS
SANITARY SEWER EASEMENT
THIS INDENTURE, effective this /6d day of ~~ , 2007, by the
undersigned Edmonds Groves Land Holdings, Inc, an Idaho Corporation, property owners,
who maintain a mailing address of 6233 N. Discovery Way, Suite 100 Boise, Idaho 83713,
hereafter referred to as "GRANTORS" 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-at-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 trom time to
time by the CITY;
NOW, THEREFORE, in consideration of the benefits to be received by the Grantor,
-and other 9_ood and valuable consideration, the Grantor does hereby give, grant
and convey unto the CITY the right-af-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 EXHIBIT A)
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 arl 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. S-uch uses shan 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
SANITARY SEWER EASEMENT, Page 1 of 3
purposes stated herein.
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 aforementi.oned 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.
Edmonds Groves Land
By:
SANITARY SEWER EASEMENT, Page 2 of 3
STATE OF IDAHO)
) 58
County of Ada )
On this llo#\.day Of'~JL~~, 2007, before me, ~ ~'iv\<..L ,
personally appeared W ~ (-\- U 'O~d<- and , pro*d to me on the
basis of satisfactory evidence to be the person(~ whose names are subscribed to
the within instrument, and acknowleo.ged that '€- executed the same.
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My Commission Expires on
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Beneficiary: CITY OF MERIDIAN
BY:
Date approved by Council:
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STATE OF IDAHO, )
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County of Ada )
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On this .~t day of \01{l0 ct~ ,2007, 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
acknowtedged 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 an~~ar first above written.
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SANITARY SEWER EASEMENT, Page 3 of 3
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S tflClil nlSttl~ -fl-
NOTARY PUBLIC FOR IDAHO J
RESIDING AT: }v\.t llQ~ y
MY COMMISSION EXPIRES: } 0 - 1\ -- I J
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Edmond Groves Land Holdings Parcel
Waterline Easement
Legal Description
December 291 2006
Exhibit "A"
A parcel of land situated inthe Southwest ~ of the Southwest !4 of Section 26, Township 3 North,
Range 1 West;t Boise Meridian, Ada County, Idaho, and more particularly descnoed as follows:
Commencing at a brass cap monumenting the southwest comer of said Section 26~ from \vhich a brass
cap monumentingthe !4 comer common to said Section 26 and Section 27 bears
North 0032~45u East (also shown of record. as North 00006.22" East) 2658.35 feet.
Thence along the \vesterly line of said Section 26, North 0032'45" East 822.16 feet;
thence leaving said westerly line~ South 89027'15u East 34..00 feet to the e'asterly right otway ofTen
Mile Road;
. thence along said easterly right-of-way North 0032'45" East 56.34 feet to the POINT OF
BEGINNING;
thence continuing along said. right-of-way North 0032145". East 50;06 feet
thence South 44'?31tJ7n Easf49-~41 feet;
-thence South 0022~24u West 36~21 feet;
thence South 45022t24Jt West.2.63.feet;
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thence North 55000'060 West (also shown of record as_ North 55026'29" West) 40.38 feet to the POINT
OF BEGINNING, comprising 1565 square feet, more or less.
Prepared by
CH2M HILL~ Inc.
Steven C. \Vellington, P..L.S
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EDMONDS GROVE EASEMENT 1.DOC