Corrected Sanitary Sewer Easement with DBSI Tanana Valley, LLC for Victory Road ConnectorADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 6
B018E IDAN012115J10 11:~ AM
DEPUTY Lisa Bari II I I I II I II ~I I I II I IIIIII I II I I II I II I III
RECORDED-REQUEST OF i 1~01178~6
Meridian City
CORRECTED SANITARY SEWER EASEMENT
THIS INDENTURE, made this ~ day of December, 2010 between DBSI TANANA
VALLEY LLC, 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 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 constructed by others; and
WHEREAS, it will be necessary to maintain and service said pipeline from time to time
by the Grantee;
WHEREAS, the Grantor previously executed and delivered to Grantee a Sanitary Sewer
Main Easement dated June 22, 2010, which document was recorded with the Ada County
Recorder on June 23, 2010 as Document #110057968;
WHEREAS, the Parties have determined that the legal description attached to the
recorded document did not properly describe the easement and that this Corrected
Sanitary Sewer Easement should be recorded to correct the legal description and
supersede, in its' entirety, the above-referenced Sanitary Sewer Main Easement;
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
sewer line 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 line 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.
Sewer Main Easement Revised DBSI perm
easement 11-19-10. docx
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,
that after malting 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 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:
Conrad Myers, Trustee of the DB I Real Estate
Liquidating Trust; Sole member DBSI Tanana Valley LLC
STATE OF D R~~~ )
ss
County of ~ U`S ~~1~ ~ )
On this ~~ day of C~ ~-~ , 20~, before me, the undersigned, a
Notary Public in and for said State, personally appeared
and Conc-ad ~`'~ y -2,~ S . ,known or identified to me to be the Trustee of
the DBSI Real Estate Liquidating Trust that executed the within instrument, and
Sewer Main Easement Revised DBSI perm
easement 11-19-10. docx
acknowledged to me that such entity executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year fist above written.
OFFICIAL SEAL
CARRISA R RAMSDELL
NOTARY PUBLIC-OREGON
••~•`#•~~' COMMISSION N0.430672
MY COMMISSION EXPIRES JULY 15, 2012
~~
NOTARY PUBLIC FOR W Q S ~~° `!~'C"
Commission Expires: ~~
GRANTEE: CITY OF MERIDIA ..
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Tammy eerd, Mayor G ~o~~ TFo
SEAL
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st by J ycee L. Holman, City Cler1~ / .~o Gc~r i s~ ~ ~~ ~ .~~
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Approved By City Council On: /~' ~ C' ~~~ `~~` ~/O
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STATE OF IDAHO )
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County of Ada )
On this !'~~ day of ~ ~~ , 20 ~O ,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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Sewer Main Easemenf • • • ^ • •
easement 11-19-10. docx
N ~' ARY PU O IDAHO
Residing at: a,./~
Commission Expires: >>w~ 4 ~
Revised DBSI perm
J-U-B ENGINEERS, Inc.
,,,/'" ~ ENGINEERS • SURVEYORS • PLANNERS
~~. ~. ~ , Regional Office
Projec~,~ 10-050 115 Northstar Avenue
Twin Falls, ID 83301
Date: November 24, 2010
208-733-2414
EXHIBIT A Fax: 208-733-9455
www.jub.com
PARCEL DESCRIPTION
PERMANENT UTILITY EASEMENT
That portion of the North'h of Section 30, Township 3 North, Range 1 East, Boise Meridian, Ada
County, Idaho, being more particularly described as follows:
Commencing at the Northwest corner of Section 30 from which the north quarter corner of said Section
30 bears North 89°42'09" East, 2450.83 feet;
THENCE along said section line North 89°42'09" East, 127.52 feet to a point coincident with the
projected easterly boundary of an existing permanent easement and being the POINT OF BEGINNING;
THENCE continuing North 89°42'09" East along said section line, 2,323.31 feet to the North'/, comer of
Section 30;
THENCE continuing North 89°42'09" East along said section line, 220.13 feet to the northwest corner of
Record of Survey Instrument Number 8050506;
THENCE South 00° 1T51" East, 48.00 feet along the westerly boundary of said Record of Survey;
THENCE South 89°42'09" West parallel with and 48.00 feet distant from the northerly boundary of said
Section 30, 220.13 feet to the North-South center line of said section;
THENCE South 89°42'09" West parallel with and 48.00 feet distant from the northerly boundary of said
Section 30, 2,256.45 feet;
THENCE South 71°25'22" West, 70.79 feet to the southeast corner of an existing permanent easement;
THENCE along the easterly boundary of said easement, North 00°00'00" East, 29.30 feet, to the
northeast corner of said easement and the southerly Right-of-Way of Victory Road;
THENCE continuing along said line North 00°00'00" East, 40.90 feet to a point on the north boundary of
said Section 30 and the POINT OF BEGINNING.
The above described parcel contains 2.82 acres, more or less.
Prepared by:
J-U-B Engineers, Inc.
R. Thomas Ruby
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