HomeMy WebLinkAboutE. Lake Hazel Rd. Sanitary Sewer Easement No. 1 ESMT-2024-0074 (2024-030058) ADA COUNTY RECORDER Trent Tripple 2024-030058
BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 06/05/2024 08:02 AM
i?roieet Name iSubdivision): CITY OF MERIDIAN, IDAHO NO FEE
E. Lake Hazel Rd.
Sanitan Sewer Easement Number: I
Identify this Easement by sequential number if Project
contains more than one sanitary sewer easement.
(See Instructions for additional information).
ESMT-2024-0074
SANITARY SEWER EASEMENT
THIS Easement Agreement, made this 6th day of June , 20 24 between Donald A.Willeman
and Robin J.Willeman ("Grantor"),and the City of Meridian,an Idaho Municipal Corporation
C'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 and 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 covenants and agrees that Grantor shall not place or allow to be placed any
permanent structures or obstructions within the easement area that would interfere
with Grantee's use of said easement, including, but not limited to, buildings, trash
enclosures,carports, sheds, fences,trees,or deep-rooted shrubs.
Sanitary Sewer Easement Page 1 Version 04/17/2023
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.
r
GRANT 4k, /A.,�
Robin.Willeman
STATE OF IDAHO )
) ss
County of Ada )
This record was acknowledged before me on 5 2 ' ' (date) by Donald A.Willeman
(name of individual), [complete the following i signing in a representative capacity, or strike
the following if signing in an individual capacity] on behalf of _
(name of entity on behalf of whom record was executed), in the following representative
capacity: (type of authority such as officer or trustee)
(stamp) c6JUGL U, rr
N6taW Signature
My Commission Expires:
AMANDA CCURRY
COMMISSION#29528
NOTARY PUBLIC
STATE OF IDAHO
MY COMMISSION EXPIRES 04/15/2029
Sanitary Sewer Easement Page 2 Version 04/17/2023
STATE OF 1DAHO }
)ss.
County of Ada )
This instrument was signed or acknowledged before me on A=�� , 2024, by
Robin J. Willeman.
AMANDA MC CURRY N Signature
COMMISSION#29528
NOTARY PUBLIC My Commission Expires:
STATE OF IDAHO
MY COMMISSION EXPIRES O411512029
GRANTEE: CITY OF MERIDIAN
Robert E.Simison, Mayor 6-4-2024
Attest by Chris Johnson,City Clerk 6-4-2024
STATE OF IDAHO, )
. ss.
County of Ada )
This record was acknowledged before me on (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:
Sanitary Sewer Easement Page 3 Version 04/17/2023
i
ENGINE E R I N G
October 25,2023
Project No.22-023
Lake Hazel Rd.Sewer and Water Project
City of Meridian Sewer Easement
Legal Description
Exhibit A
A parcel of land for a City of Meridian Sewer Easement situated in a portion of Government Lot 4 of Section
31,Township 3 North,Range 1 East, Boise Meridian,City of Meridian,Ada County,Idaho and being more
particularly described as follows:
Commencing at an aluminum cap marking the Southwest corner of said Government Lot4,which bears
N89°42'12"W a distance of 2,490.51 feet from a 5/8-inch rebar marking the South 1/4 corner of said Section
31;
Thence following the southerly line of said Government Lot4,S89"42'12"E a distance of655.06 feet;
Thence leaving said southerly line, N00.17'48"E a distance of 50.32 feet to the proposed northerly right-of-way
line of E.Lake Hazel Rd.and being the POINT OF BEGINNING.
Thence N00°17'48"E a distance of 9.80 feet;
Thence S89°42'12"E a distance of 2D.00 feet;
Thence 500°17'48"W a distance of 10.20 feet to said proposed northerly right-of-way line;
Thence following said proposed northerly right-of-way line,N88.33'28"W a distance of 20.00 feet to the
POINT OF BEGINNING.
Said parcel contains 200 square feet,more or less,and is subject to all existing easements and/or rights-of-way
of record or implied.
Attached hereto is Exhibit B and by this reference is made a part hereof.
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SO0'17'48"W
cri I N00'17'48"E 10 20' f
9.80
w 95.72' f 20.98' I
/ N89'42'12"W 225.59'
POINT OF N88'33'28"W
BEGINNING 20.00'
36 31 N00'
T3N_ 655.06' 17'48"E T 31
50.32' TIE 1835.45'
1 6 TN N89'42'12"W 2490.51' 6
POINT OF BASIS OF BEARING FOUND 5/8" REBAR
FOUND ALUMINUM E. Lake Hazel Rd. SOUTH 1/4 CORNER SECTION 31
SOUTHWEST CORNER SECTION 31
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LEGEND
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® FOUND ALUMINUM CAP
N FOUND 5/8" REBAR
N CALCULATED POINT
0
c `— —` — --- SECTION LINE
3 PROPOSED R—O—W LINE
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— ————— —— PROPOSED EASEMENT
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0 80 160 240
Plan Scale: 1"=80'
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9 E N G I N E E R I N G
m 572S NORTH DISCOVERY WAY '
BOISE,IDAHO 83713
PHONE(208)539-6939 Exhibit B - City of Meridian Sewer Easement
kmengllp.com Lake Hazel Rd. Sewer and Water Project
DATE: October 2023
PROJECT: Z2-023 E
s SHEET: A portion of Gov't Lot 4, Section 31, T3N., R1E.,
1 OF 1 B.M., City of Meridian, Ada County, Idaho
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