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HomeMy WebLinkAboutElevate Franklin Sanitary Sewer Easement No. 1 ESMT-2024-0021 (2024-047716) i ADA COUNTY RECORDER Trent Tripple 2024-047716 BOISE IDAHO Pgs=6 VICTORIA BAILEY 08/28/2024 08:07 AM I; Project Name or Subdivision Name: CITY OF MERIDIAN, IDAHO NO FEE Elevate Franklin Sanitary Sewer Easement Number: 9 Identify this Easement by sequential number if the project contains more than one easement of this type.See instrucVonslchecklisl for additional information. For Internal Use Only Record Number: i i I SANITARY SEWER EASEMENT THIS Easement Agreement made this 27th day of August 2024, between Elevate Self Storage Franklin LLCa("Grantor")and the City ofMeridian,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; i NOW, THEREFORE, in consideration of the benefits to be received by the Grantor,and other good and I 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) I 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 ofaccess 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 ofthis easement. k 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. i Sanitary Sewer Easement Page 1 Version 0 1/0 1/2024 i THE GRANTOR covenants and agrees with the Grantee that should any part ofthe 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 ofall persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be bindinguponGrantor's successors,assigns,heirs, personal representatives,purchasers, or transferees of anykind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Elevate Self Storage Franklin LLC STATE OF IDAHO) ) SS County of Ada ) q y This record was acknowledged before me on �A (date)by (name of individual), [complete the following if signing in a representative capacity, or strike the following ifsigning in an individual capacity] on behalf of Elevate Self Storage Franklin LLC (name of entity on behalf of whom record was executed),in the following representative capacity: Manager (type ofauthority such as officer or trustee) Notary Stamp Below ,•••'�4k, aO��c��s �1�✓�M jyOTgR3, No Signature �.. _ LR pU C 3 y xp 1 M Commission E fires: ) , OF 1V��r`•• total 'So r I. GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 8-27-2024 Attest by Chris Johnson, City Clerk 8-27-2024 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 8-27-2024 (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 Easement Page 3 Version 01/01/2024 EXHIBIT A City of Meridian Sanitary Sewer Easement Description for Lot 1, Block 1 of Umbria Subdivision The following Describes a Strip of Land for the Purpose of a Sanitary Sewer Easement being a Portion of Lot 1, Block 1 of Umbria Subdivision as filed in Book 101 of Plats at Pages 13200 through 13204, Records of Ada County, Idaho, lying in a portion of South 1/2 of Section 10, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho and more particularly described as follows: COMMENCING at the Southeast Corner of Section 10, Township 3 North, Range 1 West, Boise Meridian; From which, the South 114 Corner of said Section 10 bears, North 89°36'09" West, 2640.84 feet; Thence along the Southerly Boundary Line of the Southeast 1/4 of said Section 10, North 89°36'09" West, 1558.90 feet to the Intersection point of North Umbria Hills Avenue; Thence leaving said Southerly Boundary Line, and along the Centerline of North Umbria Hills Avenue, North 00012'22" East, 464.86 feet to the Intersection Point of West Perugia Street; Thence leaving said Centerline; South 53015'51" West, 72.95 feet to the POINT OF BEGINNING: Thence, South 01°12'25" West, 24,50 feet; Thence, North 88047'35" West, 7.13 feet; Thence, North 01012'25" East, 24.50 feet; i Thence, South 88°47'35" East, 7.13 feet to the POINT OF BEGINNING: The above Described Strip of Land contains 175 Sq. Ft, more or less. I Mv�6 at 1; 23/2$ .Pa DIM ual .N o 1 ; r ........____.._. ..._ Zn Z G o o Z" °� i^ i- - 5° y duo W C Kq yON by I L O LO x N Ill II C Off �P N I O N o r Il.l •` O U l V O rn (n N N. .... ...____ ___.,,98'b9b. 3„ZZ.Z6LON 'On S I IJ Lu O-- am V ILH R 9 fl 'N o 0 2 ° N ASS I o m w m d -� u N 3 I J N N r n ,LZ ,LZ I m I w T ` E;o n 3 3 w O C N M N M1 1 00 U L.L n Y N < I I C:) O' M I o tl o, C m ao m O /I u IDI m J N co 3 ;j ZCO _ d O _c pp J 0 O.A r F / 0 c Oi m U 00 Z Y J J ,LZ ,LZ I o } / OLU � z > 0 00 c�n �" � oI ° E „ w W m a Y o 0 0 'o x U m w M Z w i= U vl , � I � I i 00 I I o I I i I m o m 9 OO d I I In = I V o /A W bl ' o i sea°ar35•e 7.13 I i F u � ry N N to N � Ne O C I ( L nn e 8251 7.13 n 6 47'5"w "top ,0 CITY OF MERIDIAN SANITARY SEWER EASEMENT 1/22/2024 Scale: 1 inch= 3 feet File: Sanitary sewer Easement.ndp Tract is 0.0040 Acres(175 Sq. Feet),Closure:n00.0000e 0.00 fl.(V(999999),Perimeler=63 ft. 01 sO1,1225w 24,5 02 n88.4735w 7.13 03 n01.1225e 24.5 04 s88.4735e 7.13