Sanitary Sewer and Water Main Easement with Cleaver, Oliver and Debbie for Secret Garden (Re-record)ADA COUNTY RECORDER' J. DAVID NAVARRO AMOUNT .00 7 ~,
C BOISE IDAHO 03/28/08 12:10 PM_
RECORDED~kREQUEST OF ~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~'~ ~~~
Meridian Ciry ~ ~~~ ,, i ~$~~~~~~
~~
This sheet has been added to the document to
accommodate recording information.
Second Recording to allow for Correction of
Exhibit A.
Replacing current legal description dated 4/11/05
with Isgal description dated 3/10/08
Secret Garden Subdivision by Oliver and Debbie
Cleaver.
EXHIBIT "A"
WATER AND SEWER MAIN EASEMENT
SECRET GARDEN SUBDIVISION
A water and sewer main easement over, under and across a parcel of land being a portion
of the SW1/4 of the SW1/4 ofthe NW1/4 of Section 5, Township 3 North, Range 1 East,
Boise Meridian, City of Meridian, Ada County, Idaho and more particularly described as
follows:
Commencing at a brass cap marking the SW Corner of the NW 1/4 of said Section 5,
thence along the West line of said NW 1/4, also being the centerline of N. Locust Grove
Road, N00°24'25"E a distance of 195.19 feet to a point, from which a brass cap marking
the NW Corner of said NW1/4 bears N00°24'25"E a distance of 2408.37 feet, thence
leaving said West line S89°35'35"E a distance of 36.00 feet to a point on the East right-
of-way line of said N. Locust Grove Road being the POINT OF BEGINNING of the
following described water and sewer main easement;
Thence along said East right-of--way line N00°24'25"E a distance of 58.94 feet to a point;
Thence leaving said East right-of--way line N45°20'44"E a distance of 16.55 feet to a
point;
Thence N89°35'35"W a distance of 11.69 feet to a point on said East right-of=way line;
Thence along said East right-of--way line N00°24'25"E a distance of 20.00 feet to a point;
Thence leaving said East right-of--way line S89°35'35"E a distance of 90.91 feet to a
point;
Thence N10°57'47"E a distance of 70.55 feet to a point;
Thence S90°00'00"E a distance of 28.14 feet to a point;
Thence S00°24'25"W a distance of 165.53 feet to a point;
Thence N90°00'00"W a distance of 26.16 feet to a point;
Thence N 16°40' S4"W a distance of 61.17 feet to a point;
Thence N89°35'35"W a distance of 65.55 feet to a point;
Thence S45°20'44"W a distance of 10.33 feet to a point;
Thence S00°24'25"W a distance of 45.49 feet to a point;
Thence S89°49'08"W a distance of 15.00 feet to the POINT OF BEGINNING.
Said easement contains approximately 10,181 square feet or 0.23 acres, more or less and
is subject to all existing easements or rights-of--ways of record or implied:,----~-~-~~ ~--
WATER AND SEWER MAIN EASEMENT REVISED MAR 10 08 KNS.doc
' ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 -2-
~ BOISE IDAHO 06!28!07 01:33 PM 'S
DEPUTY Patti Thompson
RECORDED-REQUEST OF ~ ~ 107092291
~ Ciry of Meridian
SAl~ TARP SEV~2 APD V~TIIt Nei N FASFI~Il~TT
~~f
THI INDEN ,made this ~ day of ~'k-L 20 6 7 between
~~~il-~;~' ~~z U~.I~V~~', 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 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 for through underground
pipelines to be constructed by others; and
WHEREAS, it will be necessary to maintain and service said pipelines from tune 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 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 and operation of sanitary
sewer and water mains 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
Sanitary Sewer and Water Main Easement
EASMT.S&W MAIN
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.
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:
R~ G-t~il,~ij
OZ~/zcP/J
STATE OF IDAHO
ss
County of Ada )
On this ~ day of , 20~, before me, the undersigned, a Notary
Public in and for said State, personally appeared ~~~ ~i~-O' n,~ec~l/~Y' and
6 h ~:~ GL eau, 2r ,known or identified to me to be the ~~~ and
OWn~'~-~eta~,~i~el~p, of the corporation that executed the within instrument, and
acknowledged to me that such corporation executed the same.
WHEREOF, I have hereunto set my hand and affixed my official seal the day
Bove written. ~
o ~oT~Rr o. f t~~ f~/-~
m °°® o NOTARY PUBLIC FOR IDAHO
G ~
:o pUB[.Z w ~< Residing at:_ ,~ G~
lq ~osao~Oeo~~~ ,~.~o.~° Commission Expires: 8' 3-
r~'~~i.~'E 0 F I~ Q ev~,~
OF MERIDIAN
Sanitary Sewer and Water Main Easement EASMT.S&W MAIN
f
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Tammy de Weerd, Mayor vi. Fo -
~~
~ ~~~
Attest by William G. B rg, ity Clerk -%~O t p~1. ~ ~,~`
,, ~' ~,,
Approved By City Council On: ~// ~~ ~~
STATE OF IDAHO, )
ss.
County of Ada )
On this~day of a~uN~- , 20"1, 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) ~. • • • • •.,~ NOTARY PUBLIC FOR IDAHO
' Q~ '~~lj,, ~'r~~ Residing at: ~4~~,~ o.. ~ r~
~~`~R~''4'' : Commission Expires: ~ a ~~I I
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Sanitary Sewer and Water Main Easement EASMT.Sa~~~~~''
EXHIBIT "A"
WATER AND SEWER MAIN EASEMENT
SECRET GARDEN SUBDIVISION
A water and sewer main easement over, under and across a parcel of land being a portion
of the SW1/4 of the SW1/4 of the NW1/4 of Section 5, Township 3 North, Range 1 East,
Boise Meridian, City of Meridian, Ada County, Idaho and more particularly described as
follows:
Commencing at a brass cap marking the SW Corner of the NW 1/4 of said Section 5,
thence along the West line of said NW 1/4, also being the centerline of N. Locust Grove
Road, N00°24'25"E a distance of 195.19 feet to a point, from.which a brass cap marking
the NW Corner ofsaid NW1/4 bears N00°24'25"E a distance of 2408.37 feet, thence
leaving said West line S88°35'35"E a distance of 36.00 feet to a point on the East right-
of-way line of said N. Locust Grove Road being the POINT OF BEGINNING of the
following described water and sewer main easement;
Thence along said East right-of--way line N00°24'25"E a distance of 58.94 feet to a point;
Thence leaving said East right-of--way line N45°20'44"E a distance of 16.55 feet to a
point;
Thence N89°35'35"W a distance of 11.69 feet to a point on said East right-of--way line;
Thence along said East right-of--way line N00°24'25"E a distance of 20.00 feet to a point;
Thence leaving said East right-of--way line S89°35'35"E a distance of 90.91 feet to a
point;
Thence N10°57'47"E a distance of 70..55 feet to a point;
Thence S90°00'00"E a distance of 28.14 feet to a point;
Thence S00°24'25"W a distance of 165.53 feet to a point;
Thence N90°00'00"W a distance of 26.16 feet to a point;
Thence N16°40'54"W a distance of 61.17 feet to a point;
Thence N89°35'35"W a distance of 65.55 feet to a point;
Thence S45°20'44"W a distance of 10.33 feet to a point;
Thence S00°24'25"W a distance of 45.49 feet to a point;
Thence S89°49'08"W a distance of 15.00 feet to the POINT OF BEGINNING.
Said easement contains approximately 10,181 square feet or 0.23 acres, more or less and
is subject to all existing easements or rights-of--ways of record or implied.
Pa,~e~~.~-°
C046114_wtr-sewer_easement_lega1040705hwe.doc
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DETAIL FILENAME: ~ ~ ~T ~T ~ ~~ DRAWN BY:
P:~A_CIVIL~C046114_wtr sewer_ezhibit.dwg 1 ~J 1 ~J HWE
CREATION DATE: Engineers, Inc. CHECKED BY:
12552 W. Executive Dr., Suite B, Boise, Idaho
04-07-05 s37,3 REB
(2oa) sal-77so