HomeMy WebLinkAboutSanitary Sewer Easement with New Oaks, LLC for The Oaks Gravity SewerADA COUNTY RECORDER Christopher D. Rich 2014-095967
BOISE IDAHO Pgs=5 BONNIE 11126/201410:26 AM
MERIDIAN CITY NO FEE
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00040604201400959670050057
SANITARY SEWER EASEMENT
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THIS INDENTURE, made this 2 day of ON , 2014 between New Oaks LLC, 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 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 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, its
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 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.
The Oaks Permanent Sewer Easement2 C C r�'v1 h�)
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 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:
New Oaks LLC
Thomas M. Coleman, Manager
STATE OF IDAHO
ss.
County of Ada S! )
On this � day of 14, before me the undersigned, allotary Public in and
for said state, personallyjapp4ared Thomas M. Coleman, Jr., known or identified to me to be the
President of Coleman Conities, Inc., a Delaware Corporation; the Manager of Coleman Homes
LLC, an Idaho limited liability company; and the Manager ofNew Oaks LLC, an Idaho limited liability
company, and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set Mand and affixed my official seal the day and year
first above writtcw49056"ft r I i , ,
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The Oaks Permanent
NOTARY PUBL FO Ij IDAHO
Resi�ing at: l.,r
Commission Expires:
GRANTEE: CITY OF MERIDIAN
Tammy de )W96rd, Mayor
v Ciry of
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Jaycee L. Holman, City 'erk SEAT- p/
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Approved By City Council On:
STATE OF IDAHO )
ss
County of Ada
On this Oe'� day of AmeM 6v/- , 2014, before me, the undersigned, a Notary
Public in and for said State, personally 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.
Residing at: T—AUn
Commission Expires:
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The Oaks Permanent Sewer Easement2
EXHIBIT A
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J'U•B ENGINEERS, INC.
The Oaks Gravity Sewer
New Oaks, LLC
Permanent Easement Boundary Description
Project Number 10-12-041 August 13, 2014
An easement situated in the northwest quarter of the northwest quarter of Section 33, Township 4 North,
Range 1 West, Boise Meridian, Ada County, Idaho, and being more particularly described as follows:
Commencing at the southwest corner of the northwest quarter of the northwest quarter of Section 33,
Township 4 North, Range 1 West, Boise Meridian;
Thence N00"32'31"E, 563.50 feet along the west line of the northwest quarter of the northwest quarter of
Section 33;
Thence, at a right angle, S89°27'29"E, 25.00 to the east right-of-way line of North McDermott Road, the
POINT OF BEGINNING:
Thence, at a right angle, N00°32'31"E, 30.00 feet along the east right-of-way line of North
McDermott Road;
Thence, at a right angle, S89°27'29"E, 25.00 feet;
Thence, at a right angle, 500°32'31"W, 30.00 feet;
Thence, at a right angle, N89"27'29"W, 25.00 feet to the POINT OF BEGINNING:
The above-described easement contains 750 square feet, more or less.
EXHIBIT B
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Permanent Easement Boundary Description
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Situated in the northwest quarter of the northwest quarter
1A-B ENGINEERS, INC
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of Section 33, TAN., R.1 W., B.M.