Sanitary Sewer and Water Main Easement with Lynx Investments, LP for Cherry and MeridianADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 6
BOISE IDAHO iih?J10 11:05 AM
DEPUTY Vicki Allen II I I (II I II'I I' II'I I'I III I I' II'I I I ~I~
RECORDED-REQUEST OF 11 c~ 1 ~6?~~
Meridian City
SANITARY SEWER AND WATER MAIN EASEMENT
THIS INDENTURE, made this 1 day of Noy , , 20 t~ between Lynx Investments, LP, 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 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
sanitary sewer and water mains aver 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
Sanitary Sewer and Water Main Easement
Lyrix Sewer and Water Easement.wps
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 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:
Joseph uarte, ging Partner
Address
STATE OF IDAHO
ss
County of Ada )
On this ~_- day of ~~'~~~'~' ~'f , 20~ before me, the undersigned, a
Notary Public in and for said State, personally appeazed
s known or identified to me to be the Managing Partner, respectively, of the corporation
that executed the within instrument, and acknowledged to me that such corporation
executed the same.
Sanitary Sewer and Water Main Easement
Lynx_Sewer_and Water Easement.wps
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year fist above written.
GRANTEE: CITY OF MERIDIAN
NOT Y PUBLIC FOR IDAHO
Residing at: ~ti~~~~, C~U~r~ -r~9
Commission Expires:__,T'T~
\\\,~~~~~~y 0~ M~~iq'y%~'',.
.~~~ r`~°
Tammy de W rd, Mayor ~ _
_ '~+ ~~
"9 o~OM
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est by cee L. Holman, City Clerk ~'%,~~~0,9 CO r ~s~• `OQ~`~,.~
Approved By City Council On: ~~ ~~"' ~? "~~ 0 ~
STATE OF IDAHO, )
. ss.
County of Ada )
On this~_day of 1~ ernbe~! , 2010, before me, the undersigned, a Notary Public
in and for said State, personally appeared Tammy de Weerd and Jaycee L. Holman, 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.
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Sanitary Sewer and Water Main Easement
Lynx Sewer and Water Easement.wps
TARY PUBL C AHO
Residing at: 1--It~r,~~c~ . ID
Commission Expires: Jci--, y ~ 3Q~
EASEMENT DESCRIPTION
FOR THE
CITY OF MERIDIAN, ADA COUNTY, IDAHO
An easement for sanitary sewer and water main purposes located in Government Lot 1 of
Section 7, Township 3 North, Range 1 East, Boise Meridian, and being a part of Block 6
of the AMENDED PLAT OF F.A. NOURSE'S THIRD ADDITION as shown in Book 7 of
Plats at Page 299 in the office of the Recorder, Ada County, Idaho, more particularly
described as follows:
Commencing at a brass cap monument marking the northwesterly corner of said Lot 1
from which a brass cap monument marking the southwesterly corner of the NW '/4 of said
Section 7 bears S 0°23' 19" W a distance of 2652.11 feet;
Thence S 0°23' 19" W along the westerly boundary of said Government Lot 1 a distance
of 230.28 feet to a point;
Thence leaving said westerly boundary N 89°36'48" E a distance of 40.00 feet to the
POINT OF BEGINNING;
Thence continuing N 89°36'48" E a distance of 447.67 feet to a point on the westerly
right-of--way of Main Street;
Thence N 0°31'50" E along said westerly right-of--way a distance of 20.00 feet to a point;
Thence leaving said westerly right-of--way S 89°36'48" W a distance of 237.84 feet to a
point;
Thence N 0°23' 12" W a distance of 8.00 feet to a point;
Thence S 89°36'48" W a distance of 209.77 feet to a point on the easterly right-of--way of
Meridian Road;
Thence S 0°23' 19" W along said easterly right-of--way a distance of 28.00 feet to the
POINT OF BEGINNING.
This parcel contains 0.244 acres and is subject to any other easements existing or in use.
Prepared by: Glenn K. Bennett, PLS ~,,,
Civil Survey Consultants, Incorporated ~,'
September 23, 2010 ~ ,1. _
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PROJECT:
DESCRIPTION:
FILE: M:\10029\SURVEY\CONTROL.CGO
UNITS: U.S. SURVEY FOOT
Thursday, September 23,2010
2:03 PM
PAGE 1
INSTRUMENT SETUP
Instrument point: 1 712351.9200 2454693.2900
Backsight point: 1 712351.9200 2454693.2900
Backsight Bearing: N 00°00'00.0" E Distance: 0.000
Remarks: easement
TYPE FROM TO DIRECTION
------------
- DISTANCE
---------
------
INV ----- -
1 ----
10 ---
S 00°23'19.2" W 230.280
INV 10 11 N 89°36'48.2" E 40.004
INV 11 12 N 89°36'48.2" E 447.669
INV 12 13 N 00°31'49.9" E 20.003
INV 13 14 S 89°36'48.2" W 237.840
INV 14 15 N 00°23'11.8" W 8.000
INV 15 16 S 89°36'48.2" W 209.770
INV 16 11 S 00°23'19.2" W 28.003
INV 11 10 S 89°36'48.2" W 40.004
INV 10 1 N 00°23'19.2" E 230.280
Perimeter is: 1491.851
NORTHING EASTING
712121.6453 2454691.7279
712121.9152 2454731.7307
712124.9360 2455179.3890
712144.9377 2455179.5742
712143.3328 2454941.7399
712151.3326 2454941.6859
712149.9172 2454731.9206
712121.9152 2454731.7307
712121.6453 2454691.7279
712351.9200 2454693.2900
Area is: 10632.457 Square feet 0.2441 Acres
Area has been reset.
INV 1 3 S 00°23'19.2" W 2652.111 709699.8700 2454675.3000