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HomeMy WebLinkAboutFoldesi Reserve ESMT-2025-0141 (2025-079836) Ada County Recorder Trent Tripple 2025-079836 Boise,Idaho Pgs=5 vbailey 12/03/2025 08:04:45 AM CITY OF MERIDIAN IDAHO$0.00 Electronically Recorded Project Name or Subdivision Name. Foldesi Reserve ------------------ ------------ Sanitary Sewer&Water Main Easement Number: 2 Idenfify this Easement by sequential number ifthe project contains mare than one case.e.1 of this typo See instructions/checklist for additional infiamnation For Internal Use Only ESMT-2025-0141 Record Number: I 11k,11 - IALaLAKI N=1 THIS Easement Agreement made this 2nd day of December 20 25 between Sherbume Development , 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 EXH113ITS A and 13) 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 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 Instrument # 2025-079836 12/03/2025 08:04:45 AM Page 2 of 5 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: Sherburne Development, LLC STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on (date) by 4 / art (name of individual), [complete the following ifsigning in a representative capacity, or strike the following ifsigning in an individual capacity] on behalf of Sherburne Development,LLC (name of entity on behalf of whom record was executed), in the following representative capacity:_ Manager (type of authority such as officer or trustee) Notary Stamp Below ,r r DESIREE HAMMOND Notary Public-State of Idaho Commission Number 56364 Notary Signature My Commission Expires Jun 25, 2028 My Commission Expires: Sanitary Sewer and Water Main Easement Page 2 Version 0l/01/2024 Instrument # 2025-079836 12/03/2025 08:04:45 AM Page 3 of 5 GRANTEE: CITY OF MERIDIAN Ro is n,M yor 12-2-2025 Attest by Chr Johnso` Clerk 12-2-2025 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 12-2-2025 (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 CHARLENE WAY COMMISSION No. 67390 NOTARY PUBLIC Notary Signature STATE OF IDAHO My Commission Expires: 3-28-2028 Sanitary Sewer and Water Main Easement Page 3 Version 01/01/2024 Instrument # 2025-079836 ! \R D V R R 12/03/2025 08:04:45 AM Page 4 of 5 Project No: 240333 Date: October 20, 2025 Page 1 of 1 EXHIBIT A PERMANENT WATER MAIN AND SANITARY SEWER EASEMENT DESCRIPTION A parcel of land located in the N1/2 of the NE1/4 of the SE1/4 of Section 34, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at the southeast corner of said Section 34; thence, along the east boundary of the SE1/4, A) N.00052'59"E., 1982.83 feet to the south boundary of said N1/2 of the NE1/4 of the SE1/4; thence, along said boundary, B) N.89016'10"W., 381.13 feet to the POINT OF BEGINNING; thence, continuing, 1) N.89016'10"W., 20.00 feet; thence, leaving said south boundary, 2) N.00000'00"E., 28.34 feet; thence, 3) N.22030'00"W., 41.81 feet; thence, 4) N.00000'00"E., 120.06 feet; thence, 5) N.45000'00"E., 17.90 feet; thence, 6) N.90000'00"E., 87.04 feet; thence, 7) N.00000'00"E., 19.50 feet; thence, 8) N.90000'00"E., 22.00 feet; thence, 9) S.00000'00"E., 19.50 feet; thence, 10) N.90000'00"E., 57.55 feet; thence, 11) N.00000'00"E., 18.50 feet; thence, 12) N.90000'00"E., 22.00 feet; thence, 13)S.00000'00"E., 18.50 feet; thence, 14) N.90000'00"E., 103.91 feet; thence, 15) N.00000'00"E., 19.00 feet; thence, 16) N.90000'00"E., 27.00 feet; thence, 17)S.00000'00"E., 19.00 feet; thence, 18) N.90000'00"E., 34.12 feet; thence, pNaL LAND 19)S.01007'51"E., 30.01 feet; thence, \�s 20) N.90000'00"W., 321.86 feet; thence, 21)S.00000'00"E., 21.98 feet; thence, 13765 % 22) N.90000'00"W., 25.00 feet; thence, 10/ZO/25�� 23)S.00000'00"E., 76.75 feet; thence, 9TF OF 24)S.22030'00"E., 41.81 feet; thence, 0'MA���y 25)S.00000'00"E., 32.58 feet to the POINT OF BEGINNING. 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