Full Text
532980 No. AT THE REQUEST OF: DArE& HOUR: / , tJtf ltl·v-o PETI::;:,E. - t-171/ VII!AktJt/ PERMANENT WATERLINE EASEMENT lATMi,;;,Nn' RLGORUER Fee$ B- Pot:Mt:. Cl. 3111P KNOW ALL MEN BY THESE PRESENTS, that BRENT DeMEERLEER and LYNN tf. DeMEERLEER, husband and wife (GRANTORS) owners of real property affected hereby, in consideration of one dollar and other valuable consideration in hand paid, does hereby grant the CITY OF MOSCOW, a municipal corporation of the State of Idaho, 206 East Third Street, Moscow, Idaho 83843, (GRANTEE), and its agents and assigns, a non-exclusive permanent easement and right-of-way in which to construct and maintain an underground waterline and related appurtenances, including the right to enter upon, occupy and use property located in the City of Moscow, Latah County, Idaho, to wit: A waterline easement being a portion of the DeMeerleer tract as shown on Warranty Deed No. 446652, Records of Latah County, Idaho, said portion shown on the attached Exhibit and being more particularly described as follows: Commencing at the south quarter corner of Section 7, Township 39 North, Range 5 West, Boise Meridian; thence N01°01'23"E 906.68 feet along the west line of the southwest quarter of the southeast quarter of said Section 7; thence S89°39'12"E 543.50 feet along the south right-of way line of Third Street to the northwest corner of said DeMeerleer tract and the TRUE POINT OF BEGINNING; thence S89°39'12"E 179.00 feet along said south right-of-way line; thence S0°20'48"W 10.00 feet; thence N89°39'12"W 158.99 feet, parallel with and 10.0 feet distant of said south right-of-way line to the southwesterly boundary of said DeMeerleer tract; thence along said boundary, northwesterly 19.50 feet along a curve to the left having a radius of 1223.24 feet, a central angle of 0°54'47", and a chord of N58°47'32"W 19.50 feet to the TRUE POINT OF BEGINNING. Said easement contains 1706 square feet, more or less. for the purpose of constructing, operating, maintaining, and repa1nng or replacing underground waterlines by the City of Moscow or its agents or contractors. The GRANTOR, its successors and assigns, reserves the right to improve said easement area as long as such improvement shali not unreasonably interfere with the construction, operation, maintenance, repair and/or reconstruction of the waterline. The GRANTOR agrees that it and its heirs or assigns will not build or place any new encroachment thereon which will unreasonably interfere with the right of the GRANTEE. The GRANTEE, its agents or transferees, shall have the right to perform any maintenance it may deem necessary or wish to exercise in connection with the aforesaid waterline (including, but not limited thereto, the right to make necessary repairs, alterations, and removals or replacement thereof). Upon exercising these rights, GRANTEE shall restore the property to its prior condition. GRANTEE is granted the aforementioned rights, together with the rights and privileges of ingress and egress to and from said property for the above stated purposes. WATERLINE EASEMENT Page 1 of 2 ---PAGE BREAK--- I , 532980 It is expressly intended that these burdens and restrictions shall run with the land and shall forever bind the GRANTOR, its heirs and assigns . Dated this . f7/ day of 2009. GRANTORS: ,Mm-J LYNN M. DeMEERLEER / . m D"'Y'I\1-oi\LO OWNER 0 STATE OF Ikko ) )ss COUNTY OF 4<..J-J ) ACKNOWLEDGEMENT On this 6 day of (J C-Y J eR:_ , 2009, before me, a Notary Public of the State of h-o , personally appeared Brent DeMeerleer, known or identified to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same. STATEOFX ) La..IJ. )ss COUNTYOF f ) , 'A § 'l · 4 § /¨OTAR · E . % Pua Ll':- 7 Ü . Û ¦ '1tt1 ' OF 11111111 Jill II WATERLINE EASEMENT Page 2 of 2 ---PAGE BREAK--- _ - ' ;l s ss . so - LID: M~TCH EXISTING - · _ _T S"H Hl-3 " Ö IHV 12 TSS' . _ SOMK E-17-8 LID: 2559.48 THIRD STREET - I - . ss ro ro @A · ----"o_j\IIH E"iq(0- .UIU WAT'" LIN£ BROW sr0"' uH' " 25SS.O .70 ' . LID . 25>S:SSL-= M OV• M.86 :usr SEPARA110H L " - - . • - . - : 1 0' PERMANENT WATERLINE EASEMENT TRUE POINT OF BEGINNING NOT TO SCALE ; J T z=:r:'f Lt( · 7 EXINliNG TRH· \ EXISTING TREE - · - CITY OF MOSCOW EXIS!ING · EXHIBIT 'A ' DISIING TJ