HomeMy WebLinkAboutSanitary Sewer and Water Main Easement with WL Victory LLCADA COUNTY RECORDER Christopher D. Rich 2016-030846
BOISE IDAHO Pgs=6 LISA BATT 04/13/2016 01:27 PM
MERIDIAN CITY NO FEE
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00213789201600308460060062
SANITARY SEWER AND WATER MAIN EASEMENT
THIS INDENTURE, made this day of � �,,``tti 2011,2 between
WL Victory Crossing, 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, 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.
Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.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 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: WL Victory Crossing LLC
Managed by White L velopment Company
H. Ja White (President)
Address: PO Box 1277
Address: Boise, ID 83701
STATE OF IDAHO )
. ss.
County of Ada )
On this day of '. , 20 l r , before me, the undersigned, a
Notary Public in and for said State, personally appeared
�A . \')o,0 -V S Wh�ve _, known or identified to me to be H. James White,
Managing Member, of the Limited Liability Company that executed the within
instrument, and acknowledged to me that such executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
(SE L) ; ` F iDAHO
NOTARY PUBLIC FOR
Residing at:a
Commission Expires:
Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doe
GRANTEE: CITY OF MERIDIAN
Tammy de W
0
J o rve5
Approved By City Council On:
STATE OF IDAHO, )
: ss
County of Ada )
E IDIS IANC
IDAHO
Ile� SEAL
Rif e TREASV��
ty Clerk
Lk_ Va -k�'
On this it 2'-T day of Z4V 11 , 20 1 , before me, the undersigned, a
Notary Public in and for said State, personally appeared Tammy de Weerd and4ayeee+.
H4hnan, 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.
C
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NOTARY PUBLIC FOR IDAHO
Residing at: 0 4 ,e d LU-�
Commission Expires: R - --f P
Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc
THE LAND GROUP, INC.
January 28, 2016
Project No. 115151
EXHIBIT "A"
SHOPS AT VICTORY SUBDIVISION, UTILITY EASEMENT
Page 1 of 2
An easement located in a portion Northwest One Quarter of the Northwest One Quarter of
Section 28, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more
particularly described as follows:
Commencing at a found brass cap monumenting the Northwest corner of said Section 28;
thence following the Northerly line of the Northwest Quarter of said Section 28, South
89°35'51" East, a distance of 530.00 feet (from which the North Quarter corner of said
Section 28 bears South 89035'51" East, 2127.27 feet distant); thence leaving said Northerly
line of said Section 28, South 00031'02" West a distance of 48.00 feet on the Southerly
Right -of -Way line of East Victory Road; thence following said Southerly Right -of -Way line,
North 89°35'51" West, a distance of 20.01 feet, to the POINT OF BEGINNING;
Thence leaving said Right -of -Way line, South 00024'15" West, a distance of 63.51 feet;
Thence North 89°3545"
West, a distance of 25.03 feet;
Thence South 00024'15"
West, a distance of 12.00 feet;
Thence North 89°35'45"
West, a distance of 129.30 feet;
Thence South 00024'15"
West, a distance of 84.00 feet;
Thence South 89037'30"
East, a distance of 8.96 feet;
Thence South 00022'30"
West, a distance of 10.00 feet;
Thence North 89037'30"
West, a distance of 8.97 feet;
Thence South 00°24'15"
West, a distance of 44.48 feet;
Thence South 45024'15"
West, a distance of 36.57 feet;
Thence North 89°35'45"
West, a distance of 80.36 feet;
Thence South 00°24'15"
West, a distance of 10.00 feet;
Thence North 89°3545"
West, a distance of 25.00 feet;
Thence North 00°24'15"
East, a distance of 10.00 feet;
Thence North 89°35'45"
West, a distance of 101.09 feet;
Thence South 00°24'15"
West, a distance of 69.63 feet;
Thence North 89°35'45"
West, a distance of 75.65 feet to a point on the Easterly Right -of -
Way line of South Eagle Road;
Thence following said Right -of -Way line, North 0028'13" East, a distance of 20.00 feet;
Thence leaving said Right -of -Way line, South 8935'45" East, a distance of 55.63 feet;
Thence North 00°24'15"
East, a distance of 69.63 feet;
Ar
Site Planning r landscape architecture ® Civil Engineering W Golf Course irrigation & Engineering & Graphic Communication o Surveying
462 E. Shore Drive, Ste. 1.00, Eagle, Idaho 83616 o P 208.939.4041 E 208.939.4445 a www.thelandgroupinc.com
THE LAND GROUP, INC.
Thence South 89°35'45"
East, a distance of 53.25 feet;
Thence North 00°24'15"
East, a distance of 11.60 feet;
Thence North 88°05'30"
East, a distance of 129.76 feet;
Thence North 00024'15"
East, a distance of 10.22 feet;
Thence South 89035'45"
East, a distance of 10.00 feet;
Thence South 00024'15"
West, a distance of 9.82 feet;
Thence North 88°05'30'East, a distance of 22.86 feet;
Thence North 02°58'43"
East, a distance of 156.33 feet;
Thence South 89°35'45"
East, a distance of 138.86 feet;
Thence North 00°24'15"
East, a distance of 45.51 feet to a point on the Southerly Right -of -
Way line of East Victory Road;
Thence following said Right -of -Way line, South 89035'51" East, a distance of 45.03 feet to
the point of beginning;
The above described easement contains 22,282 Sq.Ft. / 0.51 acres more or less, subject to
all existing easements and rights-of-way of record.
Attached hereto is Map Exhibit "B" and by this referenc(
THE LAND GROUP, INC.
462 E. SHORE DRIVE, SUITE 100
EAGLE, IDAHO 83616
208-939-4041
208-939-4445(fax)
Michael S. Femenia
01/28/2016
Ar
Site Planning a lcand5cape Architecture & Civil Engineering a Goll Course Irrigation & Engineering & Graphic Communication , Surveying
462 E. Shore Drive, Ste. 100, Eagle, Idaho 83616 * F 208.939.4041 F 208.939.4445. www.thelandgroupinc.com
I
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S.20 I S.21
----------------------
S.29 I ; S.28
I
E. VICTORY ROAD
- BASIS OF BEARING -
S89°35'51 "E 2657.27' _ S.21
530.00' Soo°31'02"W - 2127.27' 8
48.00'
RA4 RAY RAN RAV RAN RAM R/d! L25 L1 RAY
S89°35'45"E I I N , POINT OF BEGINNING
138.86' _ J C '
r - - - - - UTILITY
j I L4� ��� i EASEMENT
789-75
I I r5"W
3210 SOUTH EAGLE ROAD w I (-��, 129.30" L3 ,
3.68 ACRES co V m L0T7 ASTORIA SUB.
PARCEL NO. S1128223210 a0
ch 'a'
A I N I o BK.106, PG.14520
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04 Ro I I L20 J ------
r I N88°05'30"E L21 I L7
L19 129.76' L23� J
N T I L18 �""-' �. -- - L22
IS oo I " LOT 8 ASTORIA SUB.
cli1 L10 J �, UTILITY EASEMENT BK.106, PGA4520
wo I L13 N89°35'45"W
z I JI I� 80.36'
L12-' `11
I�-
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L16 ,j _-------
I -t _ _ � � �------------ i LOT 9ASTORIA SUB.
N89°35'45"W I BKt06, PG.14520
75.65'
3 i ROBERT L. ALDRIDGE
3300 E. FALCON DRIVE
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529 S2
. 1V.8
Utility Easement
HORIZONTAL SCALE: 1' =100'
/��� THE LAND GROUP
�1 I���� INCORPORATED
462 East Shore Drive, S 700
Eagle, Idaho 836166
. �Phone 208.939.4041 -Fax 206.939.4445
� e.{✓essuneny 'is.:nM Te Lauf 6.py, Nc
U+anM¢ef Gi�ven[+Mha[tm use ae W53+,£f ty[�at.�fl3x
Line Table
LINE
BEARING
LENGTH
Li
N89°35'51°W
20.01'
L2
S00°24'15"W
63.51'
L3
N89°3545 W
25.03'
L4
S00°24'15'W
12.00'
L5
S89°37'30'E
8.96'
L6
S00°22'30°W
10.00'
L7
N89'37'30°W
8.97'
L8
S00°24'15°W
44.48'
L9
S45°24'15°W
36.57'
L10
S00°24'15°W
10.00'
L11
N89°3545W
25.00'
L12
N00°24'15°E
10.00'
Utility Easement
HORIZONTAL SCALE: 1' =100'
/��� THE LAND GROUP
�1 I���� INCORPORATED
462 East Shore Drive, S 700
Eagle, Idaho 836166
. �Phone 208.939.4041 -Fax 206.939.4445
� e.{✓essuneny 'is.:nM Te Lauf 6.py, Nc
U+anM¢ef Gi�ven[+Mha[tm use ae W53+,£f ty[�at.�fl3x
Line Table
LINE I BEARING LENGTH
L2,71SEIV35'51°E 45.03'
Sheet TOe:
Dale of Issuance:
Shops at Victory Subdivision Gest edhy.
Checked by:
Utility Easement Sheet No:
Exhibit "B" 1
Meridian Idaho
IIIIIIIIIIIIMI
Line Table
LINE
BEARING
LENGTH
L13
N89°35'45°W
101.09'
L14
S00°24'15°W
69.63'
L15
N00°28'13"E
20.00'
L16
S89°3545'E
55.63'
L17
N00°24'15°E
69.63'
L18
S89°3545'E
53.25'
L19
N00°24'15°E
11.60'
L20
N00°24'15°E
10.22'
L21
S89°35'45'E
10.00'
L22
S00°24'15'W
9.82'
L23
N88°05'30°E
22.86'
L24
I N00°24'15"E
45.51'
Line Table
LINE I BEARING LENGTH
L2,71SEIV35'51°E 45.03'
Sheet TOe:
Dale of Issuance:
Shops at Victory Subdivision Gest edhy.
Checked by:
Utility Easement Sheet No:
Exhibit "B" 1
Meridian Idaho
IIIIIIIIIIIIMI