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HomeMy WebLinkAboutSanitary Sewer and Water Main Easement with Sagewood Overland for Sagewood SubdivisionADA COUNTY RECORDER Christopher D. Rich 2016-028668 BOISE IDAHO Pgs=5 DAWN TRIVOLIS 04/06/2016 03:02 PM MERIDIAN CITY NO FEE IIIIIIIIIIIIIIIIIIIIIIIIIIIII 11111111111 IN 11 111 00211426201600286680060060 SANITARY SEWER AND WATER MAIN EASEMENT -rh A-� ". THIS INDENTURE, made this day of ` , 2016, between Sagewood Overland 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 and water main right-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 and service 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 sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBIT A) 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 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, its 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. Sagewood Subdivision Sewer & Water Easement — Sagewood Overland LLC 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: SAGEWOOD OVERLAND LLC Dirk Marcum, Member STATE OF IDAHO ) ss. COUNTY OF ADA ) On this 2/1 day of , 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared Dirk Marcum, known or identified to me to be a Member of Sagewood Overland LLC, the Limited Liability Company that executed the within instrument, and acknowledged to me that such Limited Liability Company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. 7 e'&aadJ 0[3" (SEAL) 3 �a Sagewood Sub&lsi 4iNl )11'70,t� �� & NO GARY PUBL C FOR IDAHO Resi�ing at: Commission Ext)ir : '5i-116 & Water Easement — Sagewood Overland LLC GRANTEE: CITY OF MERIDIAN Tammy de rd, Mayor Attest b J ycee L. Holman, City Clerk Approved By City Council On: STATE OF IDAHO ) ss. County of Ada ) On this 5� day of a \ , 2016, 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. seem... ®ee SONES •• (SEAL) :t''z 1 ;Wi 1®; V;t Q. ®®• S`1'A'L`E �i®® NOTARY'UBL IDAHO Residing Commission Expires: I -�I a©-� Sagewood Subdivision Sewer & Water Easement — Sagewood Overland LLC EXHIBIT A March 9, 2016 DESCRIPTION FOR MERIDIAN CITY SANITARY SEWER & WATER EASEMENTS SAGEWOOD OVERLAND LLC PORTION PROPOSED SAGEWOOD SUBDIVISION Easements located in the NW 1/4 of Section 24, T. 3 N., R 1 W., B.M., Ada County, Idaho, more particularly described as follows: EASEMENT A Commencing at the NW corner of said Section 24, from which the N '/4 corner of said section bears South 89°07'22" East, 2655.69 feet; thence South 83°03'46" East, 1747.19 feet to the POINT OF BEGINNING; Thence South 01°00'00" West, 26.00 feet; Thence North 89°00'00" West, 60.00 feet; Thence North 01°00'00" East, 26.00 feet; Thence South 89°00'00" East, 60.00 feet to the POINT OF BEGINNING. Containing 1,560 SF, more or less. EASEMENT B Commencing at the NW corner of said Section 24, from which the N 1/4 corner of said section bears South 89°07'22" East, 2655.69 feet; thence South 74°56'42" East, 1371.99 feet to the POINT OF BEGINNING; Thence South 89°00'00" East, 20.00 feet; Thence South 00°54'09"West, 110.00 feet; Thence North 89°00'00" West, 20.00 feet; Thence North 00°54'09" East, 110.00 feet to the POINT OF BEGINNING. Containing 2,200 SF, more or less. EASEMENT C Commencing at the NW corner of said Section 24, from which the N 1/4 corner of said section bears South 89°07'22" East, 2655.69 feet; thence South 56°50'43" East, 1833.20 feet to the POINT OF BEGINNING; Thence South 89°05'51" East, 15.00 feet; Thence South 00°54'09"West, 114.28 feet; Thence North 87'56'19" West, 15.00 feet; LANA Thence North 00°54'09" East, 113.97 feet to the POINT OF_ O BEGINNING. Containing 1,712 SF, more or less. 111. �Of N 120726-meridease.sw. docx 14 13 BASIS OF BEARING S 89'07'22" E 2655,69'_ W, OVERLAND ROAD 13 1 /4 23\� 24e -- -- � \ i� 24 Ank 19, '%� 1%% F I N 1W \ 0 JS 89'00'00" X \ S 89'00'00' E so.00 PUNT Of BEGINNING w EAZUENT A' Cl No 1,560 Sf S 01'00'00" W N 89'00'00 W 26.00' z 60.00' m MERIDIAN CITY SANITARY SEWER AND WATER EASEMENTS EfGINEERING DWG•DATE 03/09/16 a� .sv4 o� I� \ oo gioo \ �v Sp � LOCATED IN THE NW 1/4 OF SECTION 24 T.3N., RAW., B.M. MERIDIAN, ADA COUNTY, IDAHO 1029 N. ROSARIO ST., STE. 100 MERIDIAN, IDAHO 83642 Phone (208) 938-0980 Fax (208) 938-0941 SAGEWOOp�� 120726—MERIDEASE.DWG bkb 20.00' N 89'00'00" W \ \ \ \ \ oNPL LA Nps \ 05'51" E 1ST 500 £R 10 ���5� PUNT 6F BEGINNING EASEMENT 'C' 3 It a c a 1111 OX M^� a HOZ �i� rE 0 F Z N roN w \A _ — N 87'56'19" W 15.00' — SCALE 1"=100' MERIDIAN CITY SANITARY SEWER AND WATER EASEMENTS EfGINEERING DWG•DATE 03/09/16 SAGEWOOD OVERLAND LLC PORTION PROPOSED SAGEWOOD SUBDIVISION SOLUTIONS PROD. No. 120726 SHEET LOCATED IN THE NW 1/4 OF SECTION 24 T.3N., RAW., B.M. MERIDIAN, ADA COUNTY, IDAHO 1029 N. ROSARIO ST., STE. 100 MERIDIAN, IDAHO 83642 Phone (208) 938-0980 Fax (208) 938-0941 1 OF 1 120726—MERIDEASE.DWG bkb