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Home My WebLink AboutBurlingame Subdivision No. 1 Sanitary Sewer Easement No. 1 (2020-022990) ADA COUNTY RECORDER Phil McGrane 2020-022990 Project Name(Subdivision): BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 02/26/2020 01:43 PM Burlingame Subdivision No. 1 CITY OF MERIDIAN, IDAHO NO FEE Sanitary Sewer Easement Number: 1 Identify this Easement by sequential number if Project contains more than one sanitary sewer easement. (See Instructions for additional information). SANITARY SEWER EASEMENT THIS Easement Agreement is made this -25th day of February , 2020, by and between AMH Burlingame Development TRS LLC ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer 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 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 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, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after malting 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 covenants and agrees that Grantor 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. Sanitary Sewer Easement REV. 01/01/2020 Meridian City Council Meeting Agenda February 25,2020— Page 104 of 342 THE GRANTOR covenants and agrees that Grantor 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 GRANTOR covenants and agrees 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 GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs,personal representatives,purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: AMH BURLINGAME DEVELOPMENT TRS LLCMH BURLINGAME DEVELOPMENT Tyson Williams,Vice President, Construction STATE OF NEVADA_ ): ) ss County of Clark ) This record was acknowledged before me on kbrv ��'1;� 2020, by Tyson Williams on behalf of AMH Burlingame Development TRS LLC, in the following representative capacity: Vice President, Construction. (stamp) tml�o�� MARIAN DUMANCAS ure Notary Public-State of Nevada My Commission Expires: Appointment No.19-2915-01 ' ff4104 My AppointrTffr Expires 08-18-2023 Sanitary Sewer Easement REV.01/01/2020 Meridian City Council Meeting Agenda February 25,2020— Page 105 of 342 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor Attest by Chris Johnson, City Clerk STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on 2-25-2020 2020 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) Notary Signature My Commission Expires: 3-28-2022 Sanitary Sewer Easement REV.01/01/2020 Meridian City Council Meeting Agenda February 25,2020— Page 106 of 342 EXHIBIT A Legal Description City of Meridian Sanitary Sewer Easement Burlingame Subdivision No. 1 An easement located in the SE '/4 of the SE '/4 of Section 4, Township 3 North, Range 1 West, Boise Meridian, Meridian, Ada County, Idaho, being a strip of land 25.00 feet in width, more particularly described as follows: Commencing at a 518 inch iron pin monument marking the southeast corner of said Section 4, from which an Aluminum Cap monument marking the southwest corner of the SE '/4 (S '/4 corner) of said Section 4 bears N 89017'10" W a distance of 2649.98 feet; Thence N 0°37'47" E along the easterly boundary of the SE '/ of the SE '/ of said Section 4 a distance of 1064.62 feet to a point; Thence leaving said boundary N 89018'43" W a distance of 529.55 feet to the POINT OF BEGINNING; Thence S 0037'45" W a distance of 25.05 feet to a point; Thence S 87008'48"W a distance of 150.28 feet to a point; Thence N 0°37'45" E a distance of 25.05 feet to a point; Thence N 87008'48" E a distance of 150.28 feet to the POINT OF BEGINNING. This parcel contains 3,758 SF (0.09 acres) more or less and is subject to any other easements existing or in use. \oNPL LANDS Clinton W. Hansen, PLS CID r E ,pG Land Solutions, PC November 8, 2019 a 11118 1, 9TF F \OP 5D o N W N P� .t'��9 C1�c0�11 jr1 C9175 Ingress-Egress&Sewer Easement Land Surveying and Consulting Burlingame Subdivision No. 1 Job No. 19-20 Page 1 of 1 Meridian City Council Meeting Agenda February 25,2020— Page 107 of 342 EXHIBIT B CITY OF MERIDIAN SANITARY SEWER EASEMENT BURLINGAME SUBDIVISION NO. 1 LOCATED IN THE SE 1/4 OF THE SE 1/4 OF SECTION 4 4 3 TOWNSHIP 3 NORTH, RANGE 1 WEST, B.M 1/4 ADA COUNTY, IDAHO PROPOSED EASEMENT— — POINT OF 3,758 SF / 0.09 ACRES BEGINNING L4 —' N89'18'43"W 529.55' —L2— �RUNppME Sego. LINE TABLE PgpPpSgo g LINE # LENGTH DIRECTION Lt 25.05' SO'37'45"W 1 L2 150.28' S87'08'48"W o0 L3 25.05' NO'37'45"E N L4 150.28' N87'08'48"E r\ CD 0 z (V U7 0 LA ND � S r `sG ►— U N111180 � m n�/�rTF O F'\o��_ Z ON W. NP 1/4 4 3 9 N89'17'10"W 2649.98' WEST CHERRY LANE 9 10 BASIS OF BEARING 0 100 200 400 4 d.S-Lama - ®lutAL rw vo rjs� Land Surveying and Consulting 231 E.5TH ST.,STE.A MERIDIAN,ID 83642 (208)288-2040 (208)288 2557 fax www.landsolutions.biz JOB NO. 19-20 Meridian City Council Meeting Agenda February 25,2020— Page 108 of 342