HomeMy WebLinkAboutFairbourne Subdivision No. 2 Sanitary Sewer Easement No. 2 (2020-091674) Project Nance-f n dfwisint t ADA COUNTY RECORDER Phil McGrane 2020-091674
Falrbourne Subdivision No 2 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 07/22/2020 01:12 PM
- CITY OF MERIDIAN, IDAHO NO FEE
Sanitary Sewer Ease ettt umber:
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, made this 21 St day of MY , 20 20 between Fairbourne Development 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 )
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 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 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 July 21,2020— Page 156 of 590
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:
Fairbourne Development LLCA
amuel M Joh /o-n - Member
STATE OF IDAHO )
) ss
County of Ada )
This record was acknowledged before me on /June 2626(date) by Samuel M Johnson
(name of individual), [complete the following if signing in a representative capacity, or strike
the following if signing in an individual capacity] on behalf of Fairbourne Development LLC
(name of entity on behalf of whom record was executed), in the following representative
capacity: Member (type of authority such as officer or trustee)
(stamp)
Not ry SigGture
JAYME DANNER My Commission Expires: bm
NOTARY PUBLIC-STATE OF IDAHO
COMMISSION NUMBER 58229
MY COMMISSION EXPIRES 7-26-2023
Sanitary Sewer Easement REV. 01/01/2020
Meridian City Council Meeting Agenda July 21,2020— Page 157 of 590
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 7-21-2020 (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 1=.xpues: 3-28-2022
Sanitary Sewer Easement REV. 01/01/2020
Meridian City Council Meeting Agenda July 21,2020— Page 158 of 590
EXHIBIT A
PERMANENT EASEMENT DESCRIPTION
FOR THE
CITY OF MERIDIAN, IDAHO
FAIRBOURNE SUBDIVISION NO. 2
SEWER EASEMENT No. 2
An easement for sanitary sewer purposes located in the SE 1/4 of the SE 1/4 of Section 21,
Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as
follows:
Commencing at a 5/8 inch diameter iron pin marking the southwesterly corner of said SE 1/4 of the
SE 1/4, from which a brass cap monument marking the southeasterly corner of said SE 1/4 of the
SE 1/4 bears S 89'25'38" E a distance of 1307.43 feet;
Thence N 0*28'28" E along the westerly boundary of said SE 1/4 of the SE 1/4 a distance of 574.79 feet
to the POINT OF BEGINNING;
Thence continuing N 0*28'28" E a distance of 30.00 feet to a point;
Thence leaving said westerly boundary S 89'31'32" E a distance of 183.00 feet to a point;
Thence a distance of 52.72 feet along the arc of a 40.00 foot radius non-tangent curve left, said curve
having a radius point bearing S 0'28'28" W, a central angle of 75'31'21" and a long chord bearing
S 52`42'47" W a distance of 48.99 feet to a point;
Thence N 89°31'32" W a distance of 144.27 feet to the POINT OF BEGINNING.
This easement contains 4,629 square feet (0.106 acres) and is subject to any other easements existing
or in use.
Prepared by: Kyle A. Koomler, PLS �NL AN`
Civil Survey Consultants, Incorporated % �.�GE SF G
June 1, 2020 `
187 0
-1-Zo
A. KOO
Meridian City Council Meeting Agenda July 21,2020— Page 159 of 590
EXHIBI T B
SKETCH TO ACCOMPANK EASEMENT DESCRIPTION FOR THE
CI T K OF MERIDIAN LOCATED IN THE SE 114 OF THE
SE 114 OF SECTION 21, TOWNSHIP 4 NORTH,
RANGE I WEST, BOISE MERIDIAN, ADA COUNTS, IDAHO
SE V16
rn
_O
N 44 45 46 47
S 89'31 32" E 183.00'
o 42 SEWER EASEMENT
No. 2 7 W. IW HOT ST
N 89'31 J2" W _144,27'
- - —
� POINT OF
BEGINNING
W �
N FAIRBOURNE SUBDIVISION N0. 2
nl 43 41 (PROPOSED)
b I I o
I O
Z
I
40
SCALE: 1"-JO'
1307.43' 21 22
E V 16 S 89 25 38" E Z8 27
BASIS OF BEARING
CHINDEN HOUL[-VARD
(STATE HIGHWAY 20-26( t
CIVIL SURVEY CONSULTANTS,INC. a 18780
2893 SOUTH MERIDIAN ROAD
MERIDIAN, IDAHO 83642
(208)888-4312 J9�'(�'�P
0 F \0
CURVE DATA
CURVE DELTA RADIUS A D G ge 160 of 590
C-1 75'31 21" 40.00 52.72 30.98