Loading...
Sanitary Sewer, Water, and Recycled Water Main Easement with Volante Investements LLLP for Parcel 6 #2ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 BOISE IDAHO 04/10/13 12:03 PM DEPUTY Baile RECORDEDi-REQUEST OF Meridian City 113033359 SANITARY SEWER WATER AND RECYCLED WATER MAIN EASEMENT PARCEL 6 — EASEMENT NO.2 VOLANTE INVESTMENTS LLLP THIS INDENTURE, made this U41dayofRt7r� 2013 between Volante Investments LLLP, the parties 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, water and recycled water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer, water and recycled water mains are 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 sanitary sewer, water and recycled water mains 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 sanitary sewer, water and recycled water lines and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenienceof 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, water and recycled water lines, 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, Water and Recycled Water Main Easement Pagel of 3 Parcel 6 — Easement No. 2 - Volante Investments LLLP THE GRANTOR hereby covenants and agrees 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 GRANTOR hereby covenants and agrees 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 GRANTOR does 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: VOLANTE Ronald W. Van Auker, General Partner STATE OF IDAHO ) ss County of Ada ) 412rd On this da of 2013 beforey, mc, the undersigned, a, Notary Public in and for said State, personally appeared Ronald W. Van Auker known or identified to me to be the General Partner, respectively, of the entity that executed the within instrument, and acknowledged 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 Commission Expires Sanitary Sewer, Water and Recycled Water Main Easement Page 2 of 3 Parcel 6 — Easement No. 2 - Volante Investments LLLP GRANTEE: CITY OF MERIDIAN Tammy de W Attests by Wc4 L. A UGUS\ J9 Oma, City Of C../►'� E ID. IDAHO a •� a r y, SEAL Clerk *t°` 9t the -r%01 � Approved By City Council on: STATE OF IDAHO ) ss County of Ada ) On thisl`- day ofr�\ , 20 ( , before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and hE Jam,( Jones `H6tM�V4, 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. •'•LLx •• :•G%��0TA'�� •; NOTARY PUB C FOR IDAHO f � (EAL) ; Residing at: C_ C{_Q L� eQQ_ �E-b • I Commission Expires:_; -a, C/— �% / •• +OF ••• ewe Sanitary Sewer, Water and Recycled Water Main Easement Page 3 of 3 Parcel 6 — Easement No. 2 - Volante Investments LLLP DESCRIPTIO FORTHE MERIDIAN,CITY OF 1 1 PARCEL 6 -- VOLANTE INVESTMENTS, LLLP EASEMENT NO.2 An easement for utility purposes located in the SW 1/4 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 southeasterly corner of said SW i/4 from which a 5/8 inch diameter iron pin marling the southwesterly corner of said SW '/4 bears N 89°09'35" W a distance of 2658.24 feet; Thence N 89°09'35 W along the southerly boundary of said SW 1/4 a distance of 521.24 feet to a point; Thence leaving said southerly boundary N 0°50'25" E a distance of 30.00 feet to the POINT OF BEGINNING; Thence continuing N 0150'25" E a distance of 45.00 feet to a point; Thence N 89°09'35" W a distance of 52.00 feet to a point; Thence S 0°50'25" W a distance of 45.00 feet to a point; Thence S 89°09'35" E a distance of 52.00 feet to the POINT OF BEGINNING. This parcel contains 2,340 square feet (0.054 acres) and is subject to any other easements existing or in use. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated March 27, 2013