Sanitary Sewer Main Easement with Lynx Investments, LP for F.A. Nourses Third AdditionADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 t
BOISE IDAHO 05114114 10:36 AM
DEPUTY Che Fowler
RECORDED -REQUEST OF III I IIII 11111111 III II IIII IIIIIIII I'll
Boise City 114036597
SANITARY SEWER MAIN EASEMENT
THIS INDENTURE, made this Q3 day of Ktpu_, 2014 between Lynx Investments, LP, the
parties of the 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 main right-of-way across the
premises and property hereinafter particularly bounded and described; and
WHEREAS, the sanitary sewer 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 for the operation and maintenance of a sanitary
sewer main at the convenience of the Grantee 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 a sanitary
sewer main and its allied facilities, together with maintenance, repair, replacement and
subsequent connection thereto of sanitary sewer mains 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 or performing other maintenance, Grantee shall restore the area of
the easement and adjacent property to that existent prior to undertaking such 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.
City of Meridian, Idaho
Sewer Main Easement EASMT.SEW 1-29-09 1-
29-09.doc
THE GRANTORS hereby covenant and agree 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 GRANTORS hereby covenant and agree 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 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:
Jos Huarte, Managing Partner
STATE OF IDAHO )
) ss
County of Ada )
On this 7:i�6-day of Ocx&6e-1 , 2013, before me, the undersigned, a Notary
Public in and for said State, personally appeared jaSeoij known
or identified to me to be the Managing Partner, respectively, of the corporation 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 fist above written.
City of Meri(
Sewer Main Easement
29-09.doc
NOTARY PUBLIC FOR IDAHO
Residing at: /0'g Gor y
Commission Expires: 7
EASMT.SEW 1-29-09 1-
GRANTEE: CITY OF MERIDIAN
cc (-? . (Z�
Tffi ft o_a r ��..,,,.
eka -1,'e- ,tl �ee , Cocc,u,i l Pl2Si 0
ac,K,c� 'I/ 1�
Attest b aycee L. Holman, City Clerk
oan�;o w utast
tS
t,° 9
ow
�cfry, of
LFII)t IAN,—
`��oneof
JE.F1L
r �
f..
sR °�rde xnc��:ae.
Approved By City Council On: `t-yjqW /3, —),D/y
STATE OF IDAHO, )
: ss.
County of Ada )
zo%4
On this._ f day of �-Ag� , 2WM, before me, the undersigned, a Notary Public
in and for said State, personally appeared Ta 3�,, d Jaycee L. Holman, known to me
to be the �ra�d Q�Clerk, respective y, o the Ity o eridian, 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.
(SEAL)
ageo
=Lzt��� -
NOTARY PUBLIC FOR AHO
Residing at: C,rt v. IN
Commission Expires: .203CD
City of Meridian, Idaho
Sewer Main Easement EASMT.SEW 1-29-09 1-
29-09.doe
EASEMENT DESCRIPTION
FOR THE
CITY OF MERIDIAN, ADA COUNTY, IDAHO
An easement for sanitary sewer purposes located in Government Lot 1 of Section 7,
Township 3 North, Range 1 East, Boise Meridian, and being a part of Block 6 of the
AMENDED PLAT OF F.A. NOURSE'S THIRD ADDITION as shown in Book 7 of Plats
at Page 299 in the office of the Recorder, Ada County, Idaho, more particularly described
as follows:
Commencing at a brass cap monument marking the northwesterly corner of said
Government Lot 1 from which a brass cap monument marking the northeasterly corner of
the NW %a of said Section 7 bears N 88°35'34" E a distance of 2404.56 feet;
Thence N 88°35'34" E along the northerly boundary of said Government Lot 1 a distance
of 132.80 feet to a point;
Thence leaving said northerly boundary S 1°23'29" W a distance of 61.17 feet to the
POINT OF BEGINNING;
Thence continuing S 1 °23'29" W a distance of 59.54 feet to a point;
Thence S 88°36'31" E a distance of 20.00 feet to a point;
Thence N 1'23'29" E a distance of 61.86 feet to a point on the southerly right-of-way of
Cherry Lane;
Thence S 84'47'18" W along said southerly right-of-way a distance of 20.13 feet to the
POINT OF BEGINNING.
This parcel contains 1,214 square feet (0.028) acres and is subject to any other easements
existing or in use.
Prepared by: Glenn K. Bennett, PLS
Civil Survey Consultants, Incorporated
September 27, 2013