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Home My WebLink AboutWhitebark Subdivision No. 1 Sewer Main EasementADA COUNTY RECORDER Christopher D. Rich 2017-113254 BOISE IDAHO Pgs=5 NIKOLA OLSON 11/28/2017 11:55 AM CITY OF MERIDIAN, IDAHO NO FEE SANITARY SEWER MAIN EASEMENT THIS INDENTURE, made this Sk day of NDVern b f -Y- , 2017, between Whitebark Subdivision Homeowners' Association Inc., the party of the first part, and hereinafter called the Grantor, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantor desires 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 and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer mains 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 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. THE GRANTOR hereby covenants and agrees that it 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. Whitebark Subdivision No. 1 Sewer Main Easement 1 THE GRANTOR hereby covenants and agrees 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 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 GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it 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: WHITEBARK SUBDIVISION HOMEOWNERS' ASSOCIATION, Inc. Chdg�ff amel, ire for 729 S. Bridgeway Place Eagle, ID 83616 STATE OF IDAHO ) ss. County of Ada On this Q5 day of 2017,.before me, the undersigned, a Notary Public in and for said State, personally appeared Chad Hamel, known or identified to me to be the Director of the Whitebark Subdivision Homeowners' Association, Inc., 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 fistabovewritten. NOTARY+U I -LIC FOR A AA Residing at: My Commission Expires: Whitebark Subdivision No. 1 Sewer Main Easement 2 GRANTEE: CITY OF MERIDIAN Tammy Coles, City Clerk Approved by City Council on: j/ Z at ZX17 STATE OF IDAHO ss. County of Ada On this QA day of Mbqe^. — , 2017, before me, the undersigned, a Notary , Public in and for said State, personally appeared Tammy de Weerd and C.Jay Coles, 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. NOTARY PUBLIC FOR IDAHO Residing at: im QAi&Aa�L My Commission Expires: S' - U - .0Z 9z Whitebark Subdivision No. 1 Sewer Main Easement 3 EXHIBIT A October 23, 2017 Description for City of Meridian Sanitary Sewer Easement Lots,1 & 6, Block I, Whitebark Subdivision No.1 An easement located in the NW i/4 of Section 32, T. 3N., R.1E., B.M., Ada County, Idaho, more particularly described as follows; Commencing at the N % corner of said Section 32, from which the NW corner of said Section bears North 89°43"47" West, 2645.03 feet; thence along the northerly boundary of the NW i/4 of said Section 32 North 89°43'47" West, 661.22 feet; thence leaving said boundary South 00°20'39" West, 48.00 feet to a point on the southerly right-of-way of E. Amity Road and northerly boundary of Lot 1, Block 1 of Whitebark Subdivision No. 1, as filed for record in Book 109 of Plats at Pages 15368 through 15371, records of Ada County, Idaho; thence along said southerly right-of-way and northerly boundary of said Lot 1 South 89°43'47" East, 92.37 feet to the point of intersection of the extension of the westerly boundary line of Lot 6, Block 1 of said Whitebark Subdivision No. 1, and said southerly right-of4ay and northerly boundary of said Lot 1, the POINT OF BEGINNING; Thence continuing along said southerly right-of-way and northerly boundary of said Lot 1 South 89°43'47" East, 30.53 feet to the point of intersection of the extension of the easterly boundary line of said Lot 6 and said southerly right-of-way and northerly boundary of said Lot 1 Thence leaving said southerly right-of-way and northerly boundary of said Lot 1, and along the extension of the easterly boundary line of said Lot 6, and the easterly boundary line of said Lot 6, South 1002327" East, 237.35 feet to the southeasterly corner of said Lot 6, said point being on a curve on the northwesterly right-of-way of S Marsala Way Thence along the southerly boundary of said Lot 6.and said northwesterly right-of-way 31.76 feet along the arc of a non -tangent curve to the left, said curve having a radius of 29.00 feet, a delta angle of 62°44'24", and a long chord bearing South 86°05'05" West, 30.19 feet to the southwesterly corner of said Lot 6; Thence leaving said right-of-way and along the westerly boundary line of said Lot 6, and the extension thereof, North 10°23'27" West, 239.59 feet to the POINT OF BEGINNING. Said easement covering 7,067 SF, more or less. 170129-ssease-wb1.docx — — — — 1 — — — — ABASIS F _30129 _.__ ...... —N. 89'4347r 31 132 . —r— — — — S 00'20'39" Wil_ I 48.00' �I S 8943#47" E� I �I I Nff Or BE90M � 7,A67 SF. EXHIBIT B II MING 26E. AMITY RD. �II ,45..3'._.._ L1 661.22' 01 I i locK 0 oil I Gil a --- —� \� �--- Sego,--� I r N1. LA t -- �S l� r — — — 00. 11118 X 1 Nj� 1vrZ Y�( -ham 2 _ - - - /, F OF -- ON W. NP I t i i I i CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD BRG CHORD C1 31.76 29.00 62'44'24" S 86'05'05" W 30.19 SCALE 1"=200' DWG.DATE 10/23/17 PROS. No. 170129 SHEET 1 OF 1 170129—SSEASE.DWG bkb CITY OF MERIDIAN SANITARY SEWER EASEMENT LOTS 1 & 6, BLOCK 1, WHITEBARK SUBD. NO.1 LOCATED IN THE NW 1/4 OF SECTION 32 T.3N., R.1 E., B.M. MERIDIAN, ADA COUNTY, IDAHO - - --J- - - - LINE TABLE LINE BEARING DISTANCE Lt S 89'43'47" E 30.53' ENCINEERINC SOLUTIONS 1029 N. ROSARIO ST., STE. 100 MERIDIAN, IDAHO 83642 Phone (208) 938-0980 Fax (208) 938-0941