Sanitary Sewer and Water Main Easement with Bear Creek, LLC for Bear Creek Subdivision{ ~ 1~~ / 1 c/~ pnC ~3 f tL
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SANITARY SEWER LINE AND WATER MAIN EASEMENT
THIS INDENTURE, made this ~ day of ~A~.Gk, , 20~, between Bear Creek,
LLC ,the party of the first part, and hereinafter called the Grantor, and the City of Meridian, Ada
County, Idaho, the party of the second part, and hereinafter called the Grantee;
WITNESSETH:
WHEREAS, the Grantor desires to provide sanitary sewer line and water main rights-of--way across
the premises and property hereinafter particularly bounded and described; and
WHEREAS, the sanitary sewer line and water main are to be provided 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 benefits to be received by the Grantor, and other good
and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee
the rights-of--way for an easement for the operation and maintenance of sanitary sewer line
and water main over and across the following described property:
See Exhibits "A and B", attached.
The easement hereby granted is for the purpose of construction and operation of sanitary
sewer lines and water main 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 rights-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, in making future repairs, will expediently replace and restore the premises to a
condition comparable to that existent prior to undertaking such repairs and replacement.
However, the Grantee 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 hereby covenants and agrees that he will not place or allow to be placed any
permanent structures, large trees, or brush within the area described for this easement, which
would interfere with the use of said easement, for the purposes stated herein.
THE GRANTOR does hereby covenant with the Grantee that he is lawfully seized and possessed
990211 \Johnson Temporazy Sanitary Sewer and Water Easements.doc
of the aforementioned 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.
That said easement shall be discontinued and ordinary use shall revert back to the underlying
owner, in the event that the described property is properly constructed and completed in
accordance with Ada County Highway District Standard Specifications and accepted as a
public street through recordation of a final plat.
IN WITNESS WHEREOF, the said party of the first part has hereunto subscribed his signature the
day and year first hereinabove written.
Meridian, Idaho 83680
ACKNOWLEGMENT:
STATE OF IDAHO )
ss.
County of Ada )
On this ~ day of r , 20 (~_, before me, the undersigned, a Notary Public
in and for said State, personally appeared Grey Johnson, Member, Bear Creek, LLC ,
known or identified to me to be the person who executed the within instrument, and
acknowledged to me that said limited liability company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
~9W~dQ
and year j~~~~e _ e first above written.
~o~ Q~
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~ ~ N tary Public for the State of Idaho
~ ~~'~~ ~g,'G Residing at: ~[~! S.Q,
`~~;~~r ~°~~~+$~~ My Commission Expires: d
990211 \Johnson Temporary Sanitary Sewer and Water Easements.doc
P. O. Box 344
CITY OF MERIDIAN ACCEPTANCE:
C
obe D. Corrie, Mayor
' f~AlzGt (o, 200/
Attest By William G. Ber , Cit Clerk Date Approved by City Council
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990211 \Johnson Temporary Sanitary Sewer and Water Easements.doc
Exhibit "A"
DESCRIPTION FOR
TEMPORARY WATER AND SANITARY SEWER (EASEMENT #2)
BEAR CREEK, L.L.C.
PROPOSED BEAR CREEK SUBDIVISION
February 5, 2001
AN EASEMENT LOCATED IN THE NE %4 OF SECTION 24, TOWNSHIP 3 NORTH, RANGE 1
WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SW CORNER OF THE NE %a (CENTER %a CORNER) OF SECTION
24, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, THENCE N 00°51'53" E
819.43 FEET ALONG THE WEST LINE OF SAID NE'/4 TO A POINT; THENCE S 90°00'00" E
350.00 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE N 00°51'53" E 50.00 FEET TO A POINT;
THENCE S 89°08'07" E 21.00 FEET TO A POINT;
THENCE S 00°51'53" W 50.00 FEET TO A POINT;
THENCE N 89°08'07" W 21.00 FEET TO THE REAL POINT OF BEGINNING OF THIS
DESCRIPTION.
MICHAEL E. MARKS, P.L.S. NO.
990211\BC.UT.WSS.ease2.des Page 1
Exhibit "A"
DESCRIPTION FOR
TEMPORARY WATER AND SANITARY SEWER (EASEMENT #1)
BEAR CREEK, L.L.C.
PROPOSED BEAR CREEK SUBDIVISION
February 5, 2001
AN EASEMENT LOCATED IN THE NE'/4 OF SECTION 24, TOWNSHIP 3 NORTH, RANGE 1
WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SW CORNER OF THE NE %4 (CENTER'/4 CORNER) OF SECTION
24, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, THENCE N 00°51'53" E
1075.43 FEET ALONG THE WEST LINE OF SAID NE %4 TO A POINT; THENCE S 90°00'00" E
1196.72 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE N 90°00'00" E 50.00 FEET TO A POINT;
THENCE S 00°00'00" E 17.00 FEET TO A POINT;
THENCE S 90°00'00" W 50.00 FEET TO A POINT;
THENCE N 00°00'00" W 17.00 FEET TO THE REAL POINT OF BEGINNING OF THIS
DESCRIPTION.
MICHAEL E. MARKS, P.L.S. NO.
990211\BC.UT.WSS.ease l.des Page 2
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EXHIBIT B z
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BRIGGS ENGINEERING, INC. TEMPORARY WATER AND SANITARY SEWER EASEMENTS REVISION
BEARCREEK, L.L.C.
EIJGWEE RIG '
$ R I G G S BEAR CREEK SUBDIVISION SHEET
LOCATED IN THEE 1 /2 OF SECTION 24, T.3N., R.1 W., B.M.
(208)344-9700 MERIDIAN, ADA COUNTY, IDAHO
1800 W. OVERLAND ROAD DESIGN DRAFT SCALE DATE DWG.NO.
BOISE IDAHO 53705 PM 1" - 1 1 9 1 1