HomeMy WebLinkAboutAvani Subdivision No. 1 Sanitary Sewer and Water Main Easement No. 1 ESMT-2024-0113 (2024-050339) ADA COUNTY RECORDER Trent Tripple 2024-050339
BOISE IDAHO Pgs=5 ANGIE STEELE 09/11/2024 09:13 AM
CITY OF MERIDIAN, IDAHO NO FEE
Project Name or Subdivision Nacre:
Avani Subdivision No. 1
Sanitary Sewer&Water Main Easement Number: 1
Identify this Easement by sequential nuniWr if the projeel COnlains more 111M one ememeal of
this type.See instruclions/checkhm for additional infocmmion_
For Internal Use only ESMT-2024-0113
Record Number:
SANITARY SEWER—AM WATER MAIN EASEI1riEL�T
THIS Easement Agreement made this 10thday of September 20 24 between
F 111 LLC ("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 I 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 ofany kind.
IN WITNESS WHEREOF, the said parties ofthe first part have hereunto subscribed their
signatures the day and year first herein above written.
GRANTOR:
STATE OF IDAHO )
) ss
County of Ada )
This recorq was acknowledged before me on 8-alt d (date) by
{name of individual), [complete the following ifsigning in a
repre entative capacity, or strike thefollowing ifsigning in an individual capacity] on
behalf of Fill L (name of entity on behalf of whom record was
executed), in the following representative capacity: W1,Agwfkyl (type of
authority such as officer or trustee)
• LA Notary
Notary Stamp Below
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Notary Signature
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Sanitary Sewer and Water Main Easement Page 2 Version 01/01/2024
GRANTEE: CITY OF MERIDIAN
RobertE. Simi son,Mayor 9-10-2024
Attest by Chris Johnson, City Clerk 9-10-2024
STATE OF IDAHO, }
: SS.
County of Ada )
This record was acknowledged before me on 9-10-2024 (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
k
Notary Signature 3-28-2028
My Commission Expires:
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Sanitary Sewer and Water Main Easement Page 3 Version 01/0I/2024
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Sawtooth Land 5urveying , LLC EXHIBITA
P: (208) 398-8104 ff: (205) 398-8105
20305, Wa5hm6jton Ave. , Emmett, ID 53G 17
Off-Site Water Easement Description
BASIS OF BEARING for this description is N . 0'43'00" E., between a brass cap marking the 1/4 corner common to
Sections 15 and 16 and an aluminum cap marking the northwest corner of Section 15, T. 3 N ., R. 1 W., B . M ., Ada
County, Idaho.
An easement located in the SW1/4 of the NW 1/4 of Section 15, T. 3 N ., R. 1 W ., B.M ., Ada County, Idaho, more
particularly described as follows:
COMMENCING at a brass cap marking the 1/4 corner common to Sections 15 and 16;
Thence N . 0°43'00" E., coincident with the west line of said SW1/4 of the NWi/4 and the centerline of S. Black
Cat Road, 660, 15 feet;
Thence leaving said west line, S. 89°17'00" E., 50.00 feet to the easterly right of way of said S. Black Cat Road
and the POINT OF BEGINNING;
Thence N . 0°43'00" E., coincident with said easterly right of way and parallel with said west line, 31 ,50 feet;
Thence S. 89°17'00" E ., 180.85 feet to the beginning of a non-tangent curve to the right;
Thence 31,64 feet along the arc of said curve, having a radius of 284,50 feet, through a central angle of 6°22' 19",
subtended by a chord bearing S. 5046' 12" W., 31 ,62 feet;
Thence N . 89°17'00" W ., 178,06 feet to the POINT OF BEGINNING.
The above described easement contains 0,
13 acre
s more or less.
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P:\2023\1 EMT\123135-AVANT SUBDIVISION PLAT-CMG\Survey\DrawingslLegal Descriptions\123135 Off site water
ease 1 .docx
Page 11
BASIS OF BEARING, JEXHIBIT B
N 0°4300 E 265719'
ma S . BLACK CAT RD 660015, N $ � 65921 zoo 1328.59'
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PROJECT: OWNVVOEVELOPER: 2030 S. VVA$J-JINGTON AVE DWG #
OFF-SITE WATER Ahak EMMETT, 10 83617 123135-IX
EASEMENT FXHIIBT CONGER GROUP Pox 208 398-8104 PROJECT#
` ADA COUNTY, IDAHO F: (208� 358.81 05 123135
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DATE: 712024 1.a17, r, UNcyix7,, 11-G WWW.SAWTOOTHLS.COM I OF2