Sanitary Sewer and Water Main Easement with Meridian Heights Water and Sewer District for Meridian Heights Water and Sewer District
AQA COUNTY RECORDER Christopher D. Rich AMOUNT .00
BOISE IDAHO 02/05/14 03:27 PM
DEPUTY Bonnie Oberbillig III II~IIIII'I'IIII'IIII'll'~I'I I II'll
RECORDED-REQUEST OF
Meridian City 114009333
SANITARY SEWER AND WATER MAIN EASEMENT
THIS INDENTURE, made this - day of t , 2014 between the Meridian
Heights Water & Sewer District, a political subdivision of State of Idaho the arties of the
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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 and water mainright-of
way across the premises and property hereinafter particularly bounded and described; and
WHEREAS, the sanitary sewer and water is to be provided for through underground
pipelines 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
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 over and
across the following described property:
(SEE ATTACHED EXHIBITS A and B)
The easement hereby granted is for the purpose of construction and operation of sanitary
sewer and water mains and their allied facilities, together with their maintenance, repair,
replacement and subsequent connection 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 making repairs, performing maintenance, replacements or subsequent
connections to the sanitary sewer and water mains, GRANTEE shall restore the area of
the easement and adjacent property to that existent prior to undertaking such procedures.
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.
Grant of Sanitary Sewer and Water Main Easement (City of Meridian) Page 1 of 4
THE GRANTORS hereby covenant and agree that they will not lace or allow to be
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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 an art
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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 completel
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e inquished.
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:
MERIDIAN HEIGHTS WAFER & SEWER DI~ST~~T
G r Hamilton, Chai n
By:
Attest by Gina Ha 's, District Clerk
P.O. Box 472
Meridian, ID 83680
STATE OF IDAHO )
ss.
County of Ada )
On this ~~~ da of Januar 2014 '
y y, , before me, the undersigned, a Notary Public in and
for said State, personally appeared Gordon Hamilton and Gina Harris, known or
identified to me to be the Chairman and District Clerk, respectively, of the corporation
that executed the within instrument, and acknowledged to me that such corporation
executed the same.
IN WITNES OF, I have hereunto set my hand and affixed my official seal the
~i~~ ~ first abo written.
P10T~RY PUB1-IC
~TA~~ CF 1Da~a
AL) NOT R UBLIC FOR IDAHO
Grant of Sanitary Sewer and Water Main Easement (City of Meridian) Page 2 of 4
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Grant of Sanitary Sewer and Water Main Easement (City of Meridian) Page 3 of 4
GRANTEE: CITY OF MERIDIAN
Tammy de ~~erd, Mayor
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Attest biJ ycee L. Holman, City Clerk
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Approved By City Council On: - ~' ~Q ~ ~` ~' ~ ' ~'..~~
STATE OF IDAHO, )
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County of Ada )
On this day of , 2014, before me, the undersigned, a Notary
Public in and for said State, persona 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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Grant of Sanitary Sewer and Water Main Easement (City of Meridian) Page 4 of 4
EXHIBIT A
Novem bet ~5, 2g 13
D i n ~o '' P r
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Basements located in the NB % of ~ect~n ~5, Township 3 Nor#t~, Range 1 West, Boise Meridian
Ada County, Idaho,-more partlcuiariy described as follows: '
EASEMENT A
Commer~ng at'a 518" iron pin monument marki the N'/ corner of said ec io
S t n 25 from which
a 518" iron pin rnanurnent marking the northwest corner of said section bears forth 89°4'31 ~ West
X640.22 feet,. thence along the north boundary of a~ NE I South 89°20'17" Bast,1280.11feet thence
leaving said north boundary Bouth 0~°39'43 West, ~ 292.53 feet. to the PINT OF BB~INNING.
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Thence North 61 °1 T36u East, 50.85 feet;
Thence South 2~°42'.24" East, 26,Oa feet;
Thence South 61 °~ ?'3~" West, ~ 5.24 feet;
Thence North 80°23'2' West, 40.8.5 feet to the Pt?l~IT OF 8EG#NNIN~~
Said easement containing ~~ SF ~~,02 aGreS~, mote or less.
And also;
.EASEMENT B
An easement located in the N~ ~/ c~ Sect~an 2~, "Township. 3 North, ~ang~e ~ 1Nest, Boise
Meridian, Ada County, Idaho, snore particularly described as-flaws.
Commencing at a 5/8u iron pits .monument marking the N'/ carnet of said S~tion ~5, from which
a 5/8p iron pin monum~ant marking the northwest.. corner o~ said section bears North 89°2'31 N 1Nest
264Q,22 :feet,: thence along the ..north boundary of said. NE % ~auth 89°2~'1?" Eas#, 85~,4~ feet #o the
PUtNT OF BED I~N[N~;
Thence continuing along said north boundary South 89°2~'17u East,. ~ 99.58 feet,
Thence leaving said north boundary South 00~~9'43" 1Nest, 53.18 feet,
Theme South 88°33'35' UUes#, ~ ~f ,87 i'eet to a point. on a curve;
Thence 51 ~ ~` feat along the arc of anon-tangent t~rve tv the deft, sad curve having a radius of
867,22 feet, a del#a angle of 03°25'12", and a long chard bearing North 19°56'b5" ~1llest, 51..16 feet tv a
point of tangency,
Thence North 21 °3~'4~"Wes#,12.72 feet to the pfJINT ~F BEGIhININ
Said easement containing 10,831 S~' X0.24 acres, mote ~ iess,
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EXHIBIT B-1
23 24 (CIS OF BEARINGS) 24 1 /4 s eg2o' ~ ~` E
N 89'42'27' W 2640.22' 25 ~ W. VICTORY RD.
26 25 1280.17-
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LINE DATA \ \
UNE BEARING DISTANCE ~ ~ \ ~ ~ I ~ ~
L1 N 61'17'36" E 50.85' \ ~ \ ~ ~ /~"~
L2 S 28'42'24 E 20.00' PQyNT 0~ BE(~NN/NG \ ~ \ 'I/ / ~ ~
L3 S 61'17'36 W 15.24' \ ~ \ \\ Ji ~
L4 N 89'23'26" W 40.85' PERMANENT EASEA/£NT ;4'
661 SF f/ ~ ~ ~~~ G \
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- --~-- - - EXISTING WATER
- -~w-- - - IXISTING SANTARY SEWER
~ PROPOSED WATER
° 'n ' PROPOSED SANfTAR1' SEWER
~~T~~~ MERIDUW CITY PERMANENT SANITARY SEWER & WATER EASEMENT
sc,~E ~•=goo' CITY OF MERIDIAN
DWG.DATE 01/24/14 SANITARY SEWER & WATER EASEMENTS ENGINEERING
PROS. No. 131021 MHWSD PORTION -PERMANENT EASEMENT'A' SOLUTIONS
SHEET MERIDIAN HEIGHTS SANITARY SEWER
1 OF 2 LOCATED IN THE NE 1/4 OF SECTION 25 1029 N. ROSARIO ST., STE. 100
T.3N., R.1W., B.M. MERIDIAN, IDAHO 83642
131021-EASE.DWG bkb MERIDIAN, ADA COUNN, IDAHO Ph0"° (208) 938-0980 Fax (208) 938-Oga1
EXHIBIT B-2
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23 24 BASIS OF W• VICTORY RD.
( BEARINGS) 24 1/4 -= - _ --~~- - - ,/~
i • 2
26 25 N ss'42'Z7" W 2640.22' 25 • ~ ~ ~_ 852 45'
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e~`~ ARE
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11~ EXISTING WATER
~1~-~- EXISTING SANTARY SEWER
-12'118 PROPOSED WATER
12's----- PROPOSED SANITARY SEWER
~ MERIDIAN CI1Y PERMANENT SANITARY SEWER ~ WATER EASEMENT
.1~
SCALE 1 ~=100'
DWG.DATE O1 ~24~14
PROJ. N0. 131021
SHEET
20F4
131021-EASE.DWG bkb
CITY OF MERIDIAN
SANITARY SEWER & WATER EASEMENTS
MHWSD PORTION -PERMANENT EASEMENT'S'
MERIDIAN HEIGHTS SANITARY SEWER
LOCATED IN THE NE 1 /4 OF SECTION 25
T.3N., R.1 W., B.M.
MERIDIAN, ADA COUNTY, IDAHO
M~~\0 ~ ~ o~`~~~c
s~~'
CURVE LENGTH RADIUS DELTA CHORD BRG
C1 51.17 857.22 3'25'12" N 19'56'55" W
POINT OF BEG/NN/N6
PERMANENT EA,~MENT B'
10,631 SF f/-
17" E
_ ~~' ~ _
CHORD
51.16
LINE BEARING DISTANCE
L1 S 00'39'43" W 53.18'
LZ S 88'33'55" W 176.87'
L3 N 21'34'48" W 12.72'
ENGINEERING
SOLUTIONS
1029 N. ROSARIO ST., STE. 100
MERIDIAN, IDAHO 83642
Phone (208) 938-0980 Fax (208) 938-0941