Sanitary Sewer, Water, and Recycled Water Main Easement with Volante Investments LLLP for Parcel 7ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 E
BOISE IDAHO 04110!13 12:03 PM
DEPUTY Vicky Bailey
RECORDED-REQUEST OF III IIIIIIIIIIIIII~~IIIIIIIIIIIIIII II
Meridian City 113~~$~S~
SANITARY SEWER, WATER AND RECYCLED WATER MAIN EASEMENT
PARCELQ7 - VOLANTE INVESTMENTS LLLP
THIS INDENTURE, made this I~~ day of _~~pr~~ 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 theright-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 convenienceofthe
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.
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Parcel ? -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, suchright-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 INVESTMENTS LLLP
Ronald W. Van Auker, General Partner
STATE OF IDAHO )
ss
County of Ada )
O~ this day of , 2013, before me, 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 WITNES S WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
NOTARY PUBLIC FOR IDAHO
,~
Residing at:
Commission Expires:
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Parcel 7 -Volante Investments LLLP
GRANTEE: CITY OF MERIDIAN
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Tammy de W
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L. Holman, City Clerk '6~,, ~~.~.~°
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Approved By City Council On: ~~ rE ~ ~ ZC~I~
STATE OF IDAHO )
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County of Ada )
On this ~- day of ~-pr~~ , 20 ,before me, the undersigned, a Notary
Public in and for said State, personally appeared TAMMY DE WEERD and~~~£~L. ~-~ Jc,~-~ e~
~~T, 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.
:G : p'~A~p',
;~,.',s ~' ~ ; NOTARY PUBL C FOR IDAHO
1 (SEAL) ~ : Residing at: ~(p (~
~ ~ ; Commission Expires: -- G1 ~ ~
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Parcel 7 -Volante Investments LLLP
I I
UTILITY EASEMENT DESCRIPTION
FOR THE
CITY F E DIAN, ID O
PARCEL 7 - VLATE INVESTMENTS, LLLP
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 '/4 from
which a 5/8 inch diameter iron pin marring the southwesterly corner of said SW 1/~ 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 '/4 a distance of 264.34 feet to a
point;
Thence leaving said southerly boundary N 0°32'32" E a distance of 30.00 feet to the POINT OF
BEGINNING;
Thence continuing N 0°32' 32" E a distance of 49.00 feet to a point;
Thence N 89°09'35" W a distance of 43.43 feet to a point;
Thence S 0°50'25" W a distance of 49.00 feet to a point;
Thence S 89°09'35" E a distance of 43.69 feet to the POINT OF BEGINNING.
This parcel contains 2,134 square feet (0.049 acres) and is subject to any other easements
existing or in use.
Prepared by: Glenn K. Bennett, PLS
Civil Survey Consultants, Incorporated
March 11, 2013 ~~
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SKETCH TO ACCOMPANY EASEMENT DESCRIPTION
LOCATED IN THE SW 1 /4 OF SECTION 1 1,
TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN,
ADA COUNTY, I DAH 0 .
SCALE: 1'~=20'
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VOLANTE INVESTMENTS, LLLP I
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N 89'09'35" W
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43'
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43.69'
S 89'09'35" E
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N 89'09'35" W 2658.24'
POINT OF
BEGINNING
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264.34' ~ 1 /4