Sanitary Sewer Main Easement with Diamond View Assisted Living, LLC for Diamond View Assisted LivingADA COUNTY RECORDER J. DAVID NAVARAO AMOUNT .00 E
BOISE IDAHO 04/29110 12:17 PM
DEPUTY Lisa Batt
RECORDED-REQUEST OF II I I (I I II II I () I II I I~ I I~ I ~ II II (I') II~
Meridian City i 10039 10
SANITARY SEWER MAIN EASEMENT
/~`~~ 1 L , 20,~between
THIS INDENTURE, m e this ~ ~ day of
~iA>n~.~ ~~t~a~~,s~s~sl ~ivin~C~~ Lt,L ,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 main right-of--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
construct~l by others; and
WHEREAS, it will be necessary to maintain, service and subsequently connect to 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 operation and maintenance of a sanitary
sewer main at the convenience of the Grantee over and across the following described
Property:
(SEE ATTACHED EXHIBIT A and B)
The easement hereby granted is for the purpose of construction and operation of a sanitary
sewer main and its allied facilities, together with maintenance, repair, replacement and
subsequent connection thereto of salutary sewer mains 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 performing other maintenance or making subsequent connection to
the sanitary sewer main, 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.
City of Meridian, Idaho
Sewer Main Easement EASMT.SEW 1-29-09 t-
29-09.doc
THE GRANTORS hereby covenant and agree that they will not place or allow to be placed
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
possessai 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 fast herein above written.
GRAN'
ti '~
-President - M A-L7 Gam' C~ MEm6s€~.
Secretary
STATE OF IDAHO )
ss
County of Ada )
On this ~~ day of ~ f t ~ , 20 \ ~ before me, the undersigned, a Notary
Public in and for said State, personally appeazed S'e o7r- ~.7F~K/~1 S
and known or identified to me to be the
~ A ~~~ ~ ~ espectively, of the corporation that executed the within instrument, and
ae~now~'ecrgec`~to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
fist above written.
,: ~-
_:
41''J'y~'.~ O
Ciry of Meridian, Idaf~i~~ ~,°'s.,op..~...-~''~f Q' mow:
29 09 dMain Easement ~'~~~.q ~E,O; ; a~~
NOTARY PUBLIC OR AHO
Residing at:
Commission Expires: ~ a
EASMT.SEW 1-24-09 1-
GRANTEE: CITY OF MERIDIAN
~~
17~v~d ZaYe~nnbo., Ac+~~y Mayn/
by~~cee L. Holman, City Clerk
Approved By City Council
STATE OF IDAHO )
ss
County of Ada )
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On this ~_ day of~Fy~,_ , 20 l O , before me, the undersigned, a Notary Public in
and for said State, personally appeared and JAYCEE L. HOLMAN, known to
me to be the Mayor and City Clerk, respecttve~fy, o t`f ~ity 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.
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Commission Expires:,
City of Meridian, Idaho
Sewer Main Easement EASMT.SEW 1-29-091-
29-09.doc
COMMENCING at a 5/8-inch iron pin marking the southwest corner of said SW1/4 of the
SW 1/4, said point referenced in C.P.&F. Instrument No. 1663000966, on file in the Office of the
Recorder, Ada County; thence along the south boundary of said SW 1 /4 of the S W 1 /4,
A) 5.89°17'05"E., 1476.27 feet to a point on the easterly boundary of a parcel described in
Instrument No. 108038540, on file in the Office of the Recorder, Ada County; thence
along said easterly boundary,
1) N.21 °47'34"W., 327.34 feet to the POINT OF BEGINNING; thence,
2) 5.82°12'06"W., 26.58 feet; thence,
3) S.00°42'05"W., 56.90 feet; thence,
4) N.89°17'55"W., 20.00 feet; thence,
5) N.00°42'05"E., 74.13 feet; thence,
6) N.82°12'06"E., 38.83 feet to a point on said easterly boundary; thence along said
easterly boundary,
7) 5.21 °47'34"E., 20.61 feet to the POINT OF BEGINNING.
CONTAINING 1,964 square feet, more or less.
L:\Project Files\C08051\Survey\Descriptions\Exhibit A 20' Gravity Sewer Esmt.doc
This easement is situated in a portion of the S W 1 /4 of the S W 1 /4 and the SE 1 /4 of the S W 1 /4 of
Section 28, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho and is
more particularly described as follows:
EXHIBIT "B" FOR
20.00-FOOT GRAVITY SEWER EASEMENT
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N82' 12'06"E `
38.83 ' I
521'47'34"E
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2s ;., 28 __ E. AMITY ROAD w~ /~ s
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32 33 ~ S89't7'05"E 1476.27'
Pfto~ECr No. DIAMOND VIEW ASSISTED LIVING
C08051 °"` 4 ~o
EXHIBIT ')$» ~~ ~ - e!swNa~rrrn
DIIAIM 8f: -~- ~: "vi :ir'~ »wox ~wwr„ «e m..
SHEET `~~h~, ~.~
of ~ SEWER & WATER EASEMENT By; ~•C. CAR?ENTER PE --•~-~~,-•~
AOA COUNTY t0AH0 FRITZ BROWNELL PlS