Sanitary Sewer and Recycled Water Main Easement with Morton, John H. for Parcel No. 3ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 5
BOISE IDAHO 04/10/13 12:03 PM
DEPUTY RECORDED C REQUEViST OF �II ��IIIIIIIIIIIIIIIIIIIIIIIIII ��� ���
Meridian City 113038362
SANITARY SEWER AND RECYCLED WATER MAIN EASEMENT
PARCEL 3 — JOHN MORTON
Ap'n \
THIS INDENTURE, made this day of Mar -eh, 2013 between John H. Morton, 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 a sanitary sewer and recycled water main
right-of-way across the premises and property hereinafter particularly bounded and
described; and
WHEREAS, the sanitary sewer and recycled water main is to be provided for through an
underground pipeline to be constructed by others; and
WHEREAS, it will be necessary to maintain, service and subsequently connect to 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 right-of-way for an easement for the operation and maintenance of a
sanitary sewer and recycled water main 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 and recycled water line and their allied facilities, together with their maintenance,
additional connection thereto, 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 construction, making repairs, performing other maintenance or making subsequent
connection to the sanitary sewer and water line, GRANTEE shall restore the area of the
easement and adjacent property to that existent prior to undertaking such construction,
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.
Sanitary Sewer And Recycled Water Main Easement Page 1 of 3
Parcel 3 — John Morton
THE GRANTOR hereby covenants and agrees that he 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 GRANTOR hereby covenants and agrees with the GRANTEE that should any part of
the right-of-way and easement hereby granted 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 GRANTOR does hereby covenant with the GRANTEE that he is lawfully seized and
possessed 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.
IN WITNESS WHEREOF, the said parties of the first�partthhahereunto subscribed their
signatures the day and year first herein above written.
STATE OF IDAHO )
ss
County of Ada )
On this day of March, 2013, before me, the undersigned, a Notary Public in and for said
State, personally appeared John H. Morton, known or identified to me to be the owner of the
property that executed the within instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
fist above written. , , J --
Sanitary Sewer And Recycled Water Main Easement
Parcel 3 — John Morton
N RY PUB IC
Resi ina at: �
Commission Expires:
ID
Gtv
ial seal the day and year
Page 2 of 3
GRANTEE: CITY OF MERIDIAN
44°�,T81) ,AUC
Tammy de W , Mayor c° °Sr,
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City o: �w
At st by ee L. o ,City Clerk °,r� SEAl y
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�lhe T&E aS�'
Approved By City Council On: ADY,1 c\ Z_ p'�
STATE OF IDAHO )
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County of Ada )
-1 h
On this Ci - day of , 2013 , before me, the undersigned, a Notary
Public in and for said State, personally appeared TAMMY DE WEERD and #a YT, r J �"- 3C ,es
3� -1 1 VLL-Z:T. 0.
H$LA4 AN, 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.
9666..•
"" �'iIBLZp
Ai"Acl, L 4uZ
NOTARY PUB IC FOR IDI O
Residing at: -L� � 36 os
Commission Expires:
Sanitary Sewer And Recycled Water Main Easement Page 3 of 3
Parcel 3 — John Morton
1
FORTHE
CITY OF 1 IDAHO
An easement for utility purposes located in the SW 1/ of Section 11, Township 3 North, Range 1
West, Boise Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at a 5/8 inch diameter iron pin marking the southwesterly corer of said SW 1/4
from which a 5/8 inch diameter iron pin marking the southeasterly corner of said SW 1/4 bears
S 89°09'35" E a distance of 2658.24 feet;
Thence S 89°09'35" E along the southerly boundary of said SW 1/4 a distance of 1236,62 feet to a
point;
Thence leaving said southerly boundary N 0°40'51" E a distance of 49.00 feet to the POINT OF
BEGINNING;
Thence continuing N 0°40'51" E a distance of 30.00 feet to a point;
Thence N 89°09'35" W a distance of 26.46 feet to a point;
Thence S 0°50'25" W a distance of 30.00 feet to a point;
Thence S 89°09'35" E a distance of 26.54 feet to the POINT OF BEGINNING.
This parcel contains 795 square feet (0.018 acres) and is subject to any other easements existing
or in use.
Prepared by: Glenn K. Bennett, PLS
Civil Survey Consultants, Incorporated —
February 28, 2013 R E