Sanitary Sewer, Water, and Recycled Water Main Easement with Calnon Enterprises, LP for Parcel 18ADA COUNTY RECORDER Christopher 0. Rich AMOUNT .00 5
BOISE IDAHO 04/10113 12:03 PM
DEPUTY Vicky Bailey III IIIIIIIIIIIIIIIIIIIIIIIIIII'lllIII
RECORDED -REQUEST OF
Meridian City 113038356
SANITARY SEWER, WATER AND RECYCLED WATER MAIN EASEMENT
PARCEL 18 — CALNON ENTERPRISES, LP
THIS INDENTURE, made this ' day of Apr, 2013 between
Calnon Enterprises, LP, 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, 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 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, 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 18 — Calnon Enterprises, LP
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 WITNES S WHEREOF, the said party of the first part has hereunto subscribed their signature the
day and year first herein above written.
General Partner, Kathleen Kostka
STATE OF IDAHO )
ss
County of Ada )
On this � � _ day of 4 -) , 2013, before me, the undersigned, a Notary
Public in and for said State, personally appeared Kathleen Kostka known or identified to me to be a
member of the Limited Partnership that executed the within instrument, and acknowledged to me that
such Limited Partnership executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
fist above written.
o p
ATHEg$t
ICE
State of Idaho
NOTARY PUBLIC FOR I AHO
Residing at:\
Commission Expires: V C
Sanitary Sewer, Water and Recycled Water Main Easement Page 2 of 3
Parcel 18 — Calnon Enterprises, LP
GRANTEE: CITY OF MERIDIAN
Tammy de Weerd,
PTEDAUGUST
44G� t
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City of
IAN
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Attt b J y e L. , City Clerk �F, Ste'
rFR ° I the Tit"
Approved By City Council On: A j � . 2
STATE OF IDAHO )
ss
County of Ada )
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On this — day of a r' k , 2013, before me, the undersigned, a Notary
Public in and for said State, personally appeared TAMMY DE WEERD and J --)0."i 30neS
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.
•0000••••
0000 %��� 1 tem � `fel
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•G� {�T��,�` �� NOTARY PUBLIC FOR IDAHO
.'(SEAL) 1 Residing at: J—D ce>CJS
Commission Expires:
Sanitary Sewer, Water and Recycled Water Main Easement Page 3 of 3
Parcel 18 — Calnon Enterprises, LP
FORTHE
CITY OF
An easement for utility purposes located in the NE 1/4 of Section 14, 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 northwesterly corner of said NE 1/
from which a brass cap monument marking the northeasterly corner of said NE 1/4 bears
S 89°13'22" E a distance of 2657.89 feet;
Thence S 89°13'22" E along the northerly boundary of said NE 1/4 a distance of 268.13 feet to a
point;
Thence leaving said northerly boundary S 0'46'38" W a distance of 89.00 feet to the POINT OF
BEGINNING;
Thence continuing S 0'46'3 8" W a distance of 8.00 feet to a point;
Thence S 89°13'22" E a distance of 54.00 feet to a point;
Thence N 0°46'38" E a distance of 8.00 feet to a point;
Thence N 89'13'22" W a distance of 54.00 feet to the POINT OF BEGINNING.
This parcel contains 432 square feet (0.010 acres) and is subject to any other easements existing
or in use.
Prepared by: Glenn K. Bennett, PLS
Civil Survey Consultants, Incorporated
March 7, 2013