HomeMy WebLinkAboutThe Oaks North Subdivision No. 12 Sanitary Sewer and Water Main Easement (ESMT-2024-0099) 2024-044662 ADA COUNTY RECORDER Trent Tripple 2024-044662
BOISE IDAHO Pgs=5 VICTORIA BAILEY 08/14/2024 08:04 AM
Project Name or Subdivision Name: CITY OF MERIDIAN, IDAHO NO FEE
The Oaks North Subdivision No:, 12
Sanitary Sewer& Water Main Easement Number:
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Record Number: ESMT-2024-0099
MMIARY SEWERALNUaAlTE&MAINMASEMEN-1
THIS Easement Agreement made this 13th day of August 2024 between
Toll Southwest LLC _ ("Grantor")and the City a eridian,an Idaho
Municipal Corporation("Grantee");
WHEREAS, the Grantor desires 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 and service said pipelines from time to time b
the Grantee
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 and water maids 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 and water 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:
T 0 HAVE AND T 0 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 perforining 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.
Sanitary Sewer and Water Main Easement Page 1 Version 01/01/2024
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.
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 ofno 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:
STATE OF IDAHO )
ss
County of Ada
Thi..s record was acknowledged before me on 11�L`A "l, ,�2`I (date) by
(name of individual), [complete the]olfm+,ing ifsigning in a
representative capacity, or strike thefollowing ifsigning 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)
Notary Slainh 13cloa
MELANIE ANN FORBIS A,�
Notary Public-State of Idaho
Commission Number 20233219
My Commission Expires Aug 1, 2029 Notary Signature
My Commission Expires:.
Sanitary Sewer and Water Main Easement Page 2 Version 01/01/2024
GRANTEE: CITY OF MERIDIAN
RobertE, Simison, Mayor 8-13-2024
Attest by Chris Johnson, City Clerk
8-12-2024
STATE OF IDAHO, )
ss.
County of Ada )
This record was acknowledged before me on 8-13-2024 (date) by Robert E. Simison
and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and
City Clerk,respectively.
Notary Stamp Below
Notary Signature
My Commission Expires: 3-28-2028_
Sanitary Sewer and Water Main Easement Page 3 Version 01/01/2024
Legal Description
City of Meridian Sanitary-Sewer & Water Easement
The Oaks North Subdivision No. 12
An easement being located in the SW % of Section 28, Township 4 North, Range 1 West, Boise
Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows:
Commencing at a Brass Cap monument marking the southwest corner of said Section 28, from which
a Brass Cap monument marking the southeast corner of the SW % (S % corner) of said Section 28
bears S 89'16'58" E a distance of 2635.25 feet;
Thence N 1°00'42" E along the west boundary of said SW % of Section 28 a distance of 2494.89
feet to a point;
Thence leaving said boundary S 89'21'17" E a distance of 85.00 feet to the POINT OF BEGINNING;
Thence S 89021'17" E a distance of 120.56 feet to a point;
Thence S 61112'00" E a distance of 36.27 feet to a point of curvature;
Thence a distance of 30.33 feet along the arc of a 73.50 foot radius non-tangent curve left, said
curve having a central angle of 23038'30" and a chord bearing S 33146'25" W a distance of 30.11
feet to a point;
Thence N 61112'00" W a distance of 26.14 feet to a point;
Thence N 89021'17" W a distance of 113.23 feet to a point;
Thence N 1000'42" E a distance of 30.00 feet to the POINT OF BEGINNING.
Said easement contains 4,412 square feet (0.101 acres) and is subject to any other easements
existing or in use.
Clinton W. Hansen, PLS
Land Solutions, PC \oNp L LA Np s
July 2, 2024 \S T FR Gp
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North Subdivision No.
Lon oftitions City of MeridiaOnaks Sewer&Water EasementlA
Land Surveying and Consulting
Job No. 18-35
Page 1 of 1
CITY OF MERIDIAN SEWER & WATER EASEMENT
THE OAKS NORTH SUBDIVISION NO. 12
LOCATED IN THE W 1/2 OF SECTION 28, TAN., R.1W., B.M.
MERIDIAN, ADA COUNTY, IDAHO
29 28 C 1/4
1/4 S89'21'17"E 2622.24' _ _ o
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S89'21'17"E 85.00'� S89'21'17"E 120.56' S61'12'00"E
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BASIS OF BEARING 28
32 33 W. McMILLAN ROAD S89'16'58"E 2635.25' 33
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CURVE TABLE
CURVE # LENGTH RADIUS DELTA BEARING f CHORD
C1 30.33' 73.50' 23'38'30" S33'46'25"W 30.11'
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40' 80, 160' Land Surveying and Consulting
231 E.5TH ST,STE.A
MERIDIAN,ID 83642
(208)288-2040 (208)288-2557 fax
www.landsolutions.biz JCB vC. 16-.i