Waterline Easement with Yanke, Daniel R. for 1999 Water Line Project,~
WATERLINE EASEMENT
THIS INDENTURE, made this ,~~ day of P ~1~-tom , 1999, between Daniet R.
Yanke, the parties of the first part, and hereinaft r 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 waterline right-of-way across the premises
and property hereinafter particularly bounded and described; and
WHEREAS, the waterline is to be provided for through an underground pipeline to be
constructed by the Grantee; 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 construction, operation and
maintenance of the waterline over and across the property. Permanent waterline easement is
described and shown on Exhibit "A" and Exhibit "B", attached hereto and incorporated into
this easement.
The easement hereby granted is for the purpose of construction and operation of a
waterline and allied facilities, together with their maintenance, inspection, testing, 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, its
successors and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that
the Grantee will timely complete the work of installing the waterline and restoring the
premises used therefore to a condition comparable with that existing prior to exercising this
easement; that, in making future repairs, the Grantee will expediently replace and restore the
premises to a condition comparable to that existent prior to undertaking such repairs and
replacement.
THE GRANTORS hereby covenant and agree that they will not place or allow to be
placed any permanent structures on the area described for this easement which would
interfere with the use of said described easement for the purposes stated herein. The
GRANTORS shall maintain reasonable access to the GRANTEE'S fire hydrants, water meters,
and related appurtenances.
IT IS HEREBY FURTHER AGREED that the Grantors do hereby give and grant to the
Grantee the right of use during initial construction a temporary construction easement over a
strip of land described as follows: RE~~QQ~;,~,QL,fEST OF
r'LI}A COUPITY RECORilER
J. DAV10 HAVARRO
BODE'. IflAN0
199'9 t~ 14 P~112~ 24
l.e ~ M'
F'EE DEPUTY
~~~99lOi 38
Page 1
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Temporary construction easement shall be confined and occur within a strip of land
twenty-five (25) feet south of the permanent easement boundary as shown and described on
Exhibits "A" and "B".
IT IS UNDERSTOOD that the strip of land described in the previous paragraph consists of
the right to perform work necessary for the construction of the waterline, in addition to
testing, inspection, and the like necessary to complete construction and to place in operation
of the waterline. The temporary construction easement shall expire when the construction
contract expires.
IT IS UNDERSTOOD AND AGREED that the Grantee will restore said strip to a condition
comparable to that existent prior to the undertaking of the construction of such waterline.
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 wilt warrant and forever defined the
title and quiet possession thereof against the lawful claims of alt persons whomsoever.
tN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their
signatures the day and year first hereinabove written.
GRANTOR:
Signature; //
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CITY OF MERIDIAN:
Dat
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Attest by William G. Berg, Cit~fiClerlsf~
C i ,~+~ ioH n c i/ A~p~~trrrtol lD-s-9Q'
Page 2
STATE OF IDAHO )
ss.
County of Ada )
On this ~D~ day of ~~~~6~ 1999, before me, personally
appeared ~, an ~ - ~ ~/K~ ,known or
identified to me (or proved to me on the oath of )~
to be the person whose name is subscribed to the within instrument, and acknowledged to me
that he executed the same.
and
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seat the day
R~fMt~ir.certificate first above written.
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STATE OF IDAHO )
ss.
County of Ada )
N ary Public, tate of Idaho
Residing at ~~f'/.5~-
My commission expires: 7 e~7`~3
On t 's ~~ day of L~ 1999, before me, personally
appeared ~ p ~ D ~'~.~~ ~ /~ 1. ~ .~-~ r4Q-~-~- ~ ,known or
identified to me (or proved to me on the oath of )~
to be the person whose name is subscribed to the within instrument, and acknowledged to me
that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seat the day
and year in this certificate first above written.
~{ ooTA r-y Notary Public, tate of Idaho
~EAL Rr Residing at ~~.>~~
* ~•'~ * My commission expires: ii e~0~
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f:\projects\11510\admin\easements\yanke easement.doc
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Engineers Surveyors Planners
11510-06
August 26, 1999
EXHIBIT "B"
WATERLINE SOUTH
A 15 FOOT WIDE PERMANENT WATER LINE EASEMENT
A parcel description for the purpose of a 15 foot wide permanent water line
easement being 7.50 feet on each side of the following described centerline and being a
portion of the South half of Section 12, T.3N., R.1W., B.M., Ada County, Idaho and more
particularly described as follows:
Commencing at a brass cap marking the'/a corner common to sections 12 and 13
T.3N., R.1W., B.M., Ada County, Idaho; thence North 89°15'19" West along the Southerly
boundary of said section 12, 92.70 feet to a point; thence leaving said Southerly boundary
North 00°33'06" East, 815.94 feet to a point, said point being the REAL POINT OF
BEGINNING;
thence South 89°26' 11 "East, 249.44 feet to a point.
END OF DESCRIPTION
SEE EXHIBIT "A"
Prepared by
J-U-B ENGINEERS, Inc.
Lawrence H. Koerner, P.L.S.
LHK/lhp
f:/projects/11510/admin/easements/waterline easement south.doc
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EXHIBIT "A"
OWNER Off' RECORD
DANIEL R. YANKE
TAYLOR AVE 15.00'
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I ~S89'26'11"E
249.44'
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FRANKLIN AVENUE 13
N89'15'19"W
92.70'
REV. NO. DESC. BY• CK'D~
CITY EF~ MERIDIAN
DRAWN BYE L.H.K. DATES g/26/99 PROJECTS 1999 WATERLINE PROJECT
DANIEL R, YANKE PROPERTY
CK'D BYE P.H.K. SCALES N.T.S. PERMANENT WATER LINE EASEMENT
APPROVED
LEGAL
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PS~EC7I~ON~I2TT
DRAWING NO.
CITY ENGINEER
DATE .
.
.,
OF
ADA COUNTY, IDAHO SHEET 1 _ OF _i _