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HomeMy WebLinkAboutSulamita Sanitary Sewer and Water Main Easement (ESMT-2024-0103) 2024-044667 ADA COUNTY RECORDER Trent Tripple 2024-044667 BOISE IDAHO Pgs=6 ANGIE STEELE 08/14/2024 08:05 AM Project Name or Subdivision Name: CITY OF MERIDIAN, IDAHO NO FEE Sulamita Sanitary Sewer&Water Main Easement Number: Identify this Easement by sequential number if the project contains more than one easement of '.. this type.See instructions/checklist for additional information. '.. For Internal Use Only ESMT-2024-0103 Record Number: SANHARY SE WER AND WATER MAIN EASEMENT THIS Easement Agreement made this 13th day of August 20 24 between Meridian Missionary Gospel Church Inc. ("Grantor")and the City ofMeridian,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 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 and water 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 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 O HAVE AND T O 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. Sanitary Sewer and Water Main Easement Page l 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 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: Meridian Missionary Gospel Church Inc. C STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on C6.a -'f(date) by Vladimir Boyarchuk (name of individual), [complete the following ifsigning in a representative capacity, or strike the following ifsigning in an individual capacity] on behalf of Meridian Missionary Gospel church Inc. (name of entity on behalf of whom record was executed), in the following representative capacity: President (type of authority such as officer or trustee) Notary Stamp Below MICHAEL LAGUNAS Notary Public State of Idaho Notary Signature Commission No. 20223096 M Commission Expires: 04 y p 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 8-13-2024 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 3-28-2028 My Commission Expires: Sanitary Sewer and Water Main Easement Page 3 Version 0 1/0 1/2024 EXHIBIT A DESCRIPTION FOR 4973 W CHERRY LANE CITY OF MERIDIAN SEWER AND WATER LINE EASEMENT (Revised 7/24/24) A portion the NE1/4 of the NE1/4 of Section 9, T.3N., R.1W., B.M., City of Meridian, Ada County, Idaho more particularly described as follows: Commencing at NE corner of said Section 9 from which the N1/4 corner of said Section 9 bears North 89036'00" West, 2649.94 feet; thence along the North boundary line of said Section 9 North 89036'00" West, 262.23 feet; thence leaving said North boundary line South 00024'59" West, 56.58 feet to a point on the South right-of-way line of West Cherry Lane, point also being the REAL POINT OF BEGINNING; thence continuing South 00024'59" West, 51.47 feet; thence South 89012'56" East, 20.63 feet; thence North 00037'34" East, 14.87 feet; thence South 89022'26" East, 15.00 feet; thence South 00037'34" West, 12.30 feet; thence South 44006'19" East, 184.45 feet; thence South 00023'21" West, 172.02 feet; thence South 09016'52" East, 92.29 feet; thence North 90°00'00" East, 31.53 feet to a point on the West right-of-way line of North Black Cat Road; thence along said West right-of-way line South 00001'36" West, 34.00 feet; thence leaving said West right-of-way line North 90000'00" West, 13.50 feet; thence South 00001'36" West, 20.83 feet; thence North 89058'24" West, 20.00 feet; thence North 00001'36" East, 21.83 feet; thence North 90000'00" West, 23.00 feet; thence North 00000'00" East, 22.00 feet; Page 1 of 2 thence North 90000'00" East, 6.51 feet; thence North 09016'52" West, 101.86 feet; thence North 0002321" East, 165.53 feet; thence North 4400619" West, 142.76 feet; thence South 45053'41" West, 4.00 feet; thence North 44006'19" West, 25.50 feet; thence North 89012'56" West, 44.14 feet; thence North 00024'59" East, 71.52 feet to a point on the South right-of-way line of West Cherry Lane; thence along said South right-of-way line South 89004'18" East, 20.00 feet to the REAL POINT OF BEGINNING. 77 9 G XIDD G- C Page 2 of 2 Basis of Bearings N89°36'00"W 2649.94' 1/4A 4 _ _ _ _ W CHERRY LANE S4 S3 S9 � 2387.71' - -� - - - - - - - 262.23' S9 S10 J; RPOB L16. JI I I rn� N L5 N to N L6 � O J z L3 I I N89'12'56"W `/(9 SR�o I 44.14' L17 45r 6,91, R• F Os, Q I ,9- ��`f`. 01 OfI R2 �,, Q 6 U Y U I N Q Line Table Line Table 70 n J m I Line Bearing Length Line Bearing Length CIO Z 3 L1 S00'24'59"W 56.58' L10 S00'01'36"W 20.83' w N L2 S00'24'59"W 51.47' L11 N89'58'24"W 20.00' N� No 0 L3 S89'12'56"E 20.63' L12 No0'01'36"E 21.83' 0 N I L4 N00'37'34"E 14.87' L13 N90'00'00"W 23.00' L5 S89'22'26"E 15.00' L14 N00'00'00"E 22.00' LA L6 S00'37'34"W 12.30' L15 N90'00'00"E 6.51' o N L7 N90'00'00"E 31.53' L16 S89'04'18"E 20.00' a)- N ✓I N L8 S00'01'36"W 34.00 L17 S45'53'41"W 4.00' rn L9 N90'00'00"W 13.50' L18 N44'06'19"W 25.50' L15 L7 I I 0 I J L13 L9 P Np L12 L1� o 7 729 Np 7-IZ9114 0 N Scale: 1"=80' C'QFCTF OF � ,<QiQ` 0 20 40 80 160 �Y G CP P:\Sulamita Church 20-132\dwg\Sewer Water ease exhibit.dwg 7/24/2024 12:50:24 Pw IDAHO EXHIBIT _-B DRAWING FOR Jo 1 No. SURVEY 9955 W.EMERALD ST. 4973 W CHERRY LN Sheet No. BOISE,IDAHO 83704 (208)846-8570 CITY OF MERIDIAN SEWER AND WATER LINE EASEMENT 1 GROUP, LLC LOCATED IN THE NE1/4 OF THE NE1/4 OF SECTION 9, Dwg. Date T.3N., RAW., B.M., MERIDIAN, ADA COUNTY, IDAHO. 7/24/24