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HomeMy WebLinkAboutAdero Park Subdivision No. 2 ESMT-2026-0037 (ESMT-2026-026244) Ada County Recorder Trent Tripple 2026-026244 Boise,Idaho Pgs=5 dryalls 04/15/2026 08:44:56 AM CITY OF MERIDIAN IDAHO$0.00 Electronically Recorded Project Name or Subdivision Name: Adero Park Subdivision No.2 Sanitary Sewer Main Easement Number: 3 Identify this Easement by sequential number if the project contains more than one easement of this type.See instructions/checldist for additional information. For Internal Use Only ESMT-2026-0037 Record Number: SANITARY SEWER EASEMENT THIS Easement Agreement made this 21 day of April 20 26 between i ("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; 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 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 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. 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. 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. Sanitary Sewer Easement Page 1 Version 01/01/2024 Instrument # 2026-026244 04/15/2026 08:44:56 AM Page 2 of 5 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 pant have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: STATE OF IDAHO ) ) ss County ofAda ) This record was acknowledged before me on -o?,S C/ (date) by Ake (name of individual), [complete the following Z signing in a represe to ve capac ty. r Strike the following if signing in an individual capacity) on behalf of -t12,4,1ALAwAti t* odd (name of City on behalf of whom record was executed), in the following representative capacity: (type of authority such as officer or trustee) Notary Stamp Below 4 •.• ,�,�Fr LAAr a, Notary Signature ( - �� •�*% .� sr My Commission Expires: 3 '" a j*; pTAR;F'' • . 1Vo.'LpL i OF Vo $$lots% Sanitary Sewer Easement Page 2 Version 01/01/2024 Instrument # 2026-026244 04/15/2026 08:44:56 AM Page 3 of 5 GRANTEE: CITY OF MERIDIAN 1 John Overton, Council President 4-14-2026 � SEAL Attest: By Chris Johnson, City Clerk 4-14-2026 STATE OF IDAHO ) :ss County of Ada ) This record was acknowledged before me on 4-14-2026_by John Overton and Chris Johnson on behalf of the City of Meridian, in their capacities as Council President and City Clerk, respectively. CHARLENE WAY Notary Signature COMMISSION No. 67390 NOTARY PUBLIC My Commission Expires: 3-28-2028 STATE OF IDAHO Instrument # 2026-026244 04/15/2026 08:44:56 AM Page 4 of 5 EXHIBIT B EXHIBIT A 5awtooth Land Surveying, LLC �ii1N1 C7C�7/'f P: (208) 398-8104 F: (208) 39(5-81 05 2030 5. Wa5hm6jton Ave., Emmett, ID 83G 17 Sanitary Sewer Easement#3 Description BASIS OF BEARINGS is S. 89*21'10" E., between a found aluminum cap PLS 10279 marking the C1/4 corner of Section 27 and a found aluminum cap PLS 11574 marking the E1/4 corner of Section 27,T.4 N., R. 1 W., B.M. City of Meridian,Ada County, Idaho. An easement located in the NE1/4 of the SE1/4 of Section 27,Township 4 North, Range 1 West, Boise Meridian, City of Meridian,Ada County, Idaho, more particularly described as follows: COMMENCING at an aluminum cap PLS 11574 marking the E1/4 corner of said Section 27; Thence S. 66°53'56"W., 1148.34 feet to the POINT OF BEGINNING; Thence S. 21°32'02" E.,37.14 feet; Thence S.69°57'04"W., 20.01 feet; Thence N. 21°32'02"W., 36.62 feet; Thence N.68°27'58" E.,20.00 feet to the POINT OF BEGINNING. Said easement contains 0.017 acres, more or less. r. f 0 f ' Ii I f� E I i P:\2024\1 EMT\124014-ADERO PARK PHASE 2(N TEN MILE RD TOPO)\Survey\Drawings\Final Plat\Phase 2\LEGAL DESCRIPTONS\124014 PH 2 SEWER EASE 3.docx Page 11 Instrument # 2026-026244 04/15/2026 08:44:56 AM Page 5 of 5 EXHIBIT B 0 O � y rn rn U' PROS Oz � a ° ul a' -n Z rn Ln �zE 2 w � ?10 rn o3Nrn ! ! n rn O Z w a ZE ! z Z v o � rn ! r � p O A A O o bFag) N ! o, � Z O { I t Ln 3rn O ww;�Z G ro r" � O a!R 3 rn o S 00021'17"W 2644,27' v bn N. TEN MILE ROAD G� �o m � A