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Home My WebLink AboutSanitary Sewer and Water Main Easement with Isola Creek, LLC for Isola Creek Subdivision No. 1ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 ~ BOISE IDAHO 07124113 12:35 PM DEPUTY Vicky Bailey RECORDED-REQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII II Meridian City SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this~3 r~ day of \~~ , 2013, between Isola Creek LLC, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire 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 Grantors, and other good and valuable consideration, the Grantors do 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. 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 of this easement. Isola Creek Subdivision No. 1 Sanitary Sewer and Water Main Easement EASMT Sandal THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree 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 GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTORS: ISOLA CREEK LLC ,----. ,€ ~'°. e. Thomas M. Coleman, Jr., President Manager, Coleman Homes LLC 1859 S. Topaz, Suite 200 Meridian, ID 83642 Isola Creek Subdivision No. I Sanitary Sewer and Water Main Easement EASMT Sandal STATE OF IDAHO County of Ada ss 'I J On this ~ day of , 2013, before me, the undersigned, a Notary Public in and for said State, perso y appeared Thomas M. Coleman, Jr., known or identified to me to be the President of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above wr~i~tten. `~ ss®t4s~ is!~ee~s~ t * ,,~,'~ es ~°ay (SEAL) « ~? ~a~ ~~~ ~ `.G • ~ ~ Y PiseA ~t1x,;,~C' " GRANTEE: CITY OF MERIDIAN Tammy de,~I~erd, Mayor L. Holman, City NO~'ARY PUBLIC FO IDAH~ U Residing at: Commission Expires: l ~ ` a U`~~. 1 Li I9 C O~ ,, l.lky 7O~t ~" ~j ~1; ~ I] S.AN ~' C.` T.` p y F; J f' ri ~ ,, '~~,, o ref t 7i r T R 4 ~SU~'~, Approved By City Council On: ~ ___._ ~3 ~-~ ~ ~ Isola Creek Subdivision No. I Sanitary Sewer and Water Main Easement EASMT Sandal STATE OF IDAHO ) ss. County of Ada ) On this ~ day of S~l~fi~ , 2013, before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and Jaycee L. Holman, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ,.• P J ON~p~.~ ti~'-;SAR p' `r ' (SEAL) ;Gj~'p ~ N ARY PUBLI FO O .WIZ ~, Residing at: ~e~~~ a n \ ~ ~'"~' ~ • ~ I p• ~,, ~~, ,~~. Commission Ex fires: ~~ .. • ••....• Isola Creek Subdivision No. 1 Sanitary Sewer and Water Main Easement EASMT Sandal May 1, 2013 I9I•;SGRIPTI®1\i la'®R ®F)t'-SIT'E IVII;RII)IAlet CIT'E' S[~I~tITAI~~' SI+;WEit ~i W~.TEla Ii;AS~1~II+;N'I'S PIt®P®SI+JI) IS®I~A CI~~I~ SIJBIDI'6~ISI®1~11~1®. 1 Easements located in the southwest'/n of Section 35, T. 4 N., R 1 W., B.M., City of Meridian, Ada County, Idaho, being more particularly described as follows: Ii;ASI+;IVI~IVT `A' - SI•;WEit ~i WArI'Til~ I';ASI';lYIE101`I' Commencing at the W'/4 corner of said Section 35, from which the SW corner of said Section 35 bears South 00°53'07" West, 2643.59 feet; thence South 63°22'51" East, 1867.69 feet to the P®II01`I' ®F ~I+JGIIVImIIIoIG; Thence North 00°46'25" East, 50.00 feet; Thence South 89°13'35" East, 23.18 feet to a point of curvature; Thence 98.82 feet along the arc of a curve to the left, said curve having a radius of 975.00 feet, a delta angle of OS°48'27", and a long chord bearing North 87°52'12" East, 98.78 feet to a point of reverse curvature; Thence 99.94 feet along the arc of a curve to the right, said curve having a radius of 1025.00 feet, a delta angle of OS°35' 11 ", and a long chord bearing North 87°45'34" East, 99.90 feet to a point of tangency; Thence South 89°26'51" East, 67.66 feet; Thence South 00°33'09" West, 50.00 feet; Thence North 89°26'51" West, 67.66 feet to a point of curvature; Thence 75.42 feet along the arc of a curve to the left, said curve having a radius of 975.00 feet, a delta angle of 04°25'56", and a long chord bearing South 88°20'11" West, 75.40 feet; Thence South 00°33'09" West, 42.89 feet; Thence North 89°26'51" West, 20.00 feet; Thence North 00°33'09" East, 41.13 feet to a point on a curve; Thence 103.46 feet along the arc of anon-tangent curve to the right, said curve having a radius of 1025.00 feet, a delta angle of 05°46'59", and a long chord bearing South 87°52'55" West, 103.41 feet to a point of tangency; Thence North 89°13'35" West, 23.18 feet to the P®Il~1T ®IC ~IEGII+II~iII~1G. Containing 15,325 SF, more or less. ~ASIalO~II;l~1T `II' - WA'IC~IZ I+JA~EMI+;lolT Commencing at the W '/a corner of said Section 35, from which the SW corner of said Section 35 bears South 00°53'07" West, 2643.59 feet; thence South 57°15'56" East, 865.34 feet to the P®Ir1T ®T BEGINl~tII+1G; Thence South 00°53'07" West, 6.03 feet; 121109-sswease,docx Thence South 29°56'05" East, 10.60 feet; Thence South 72°29' 17" East, 85.89 feet; Thence South 31°27'48" East, 83.95 feet; Thence South 58°32' 12" West, 22.58 feet; Thence South 49°17'12" West, 44.99 feet; Thence South 38°02'12" West, 66.82 feet; Thence North 57°39'36" West, 20.10 feet; Thence North 38°02'12" East, 70.78 feet; Thence North 49°17'12" East, 48.57 feet; Thence North 58°32'12" East, 4.20 feet; Thence North 31°27'48" West, 56.47 feet; Thence North 72°29' 17" West, 86.20 feet; Thence North 29°56'05" West, 23.81 feet; Thence North 60°38'44" East, 23.09 feet to the I'®1(NT ®F 1$>r~)<r1N~1V~. 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J N O) .P N ~p ~ O N O W= I\ ~~ W W 01 ~ 00 0 0 0 -P N W T W :p, co J O A^ ~~\ ~ O 00 IV ~ O (T ~I 0o iD Cn (p D j O O O~ ~h~~~\~~ (O O V ~I Oo O N fD 00 (,Tl Z C7 j = ° ~ D MERIDIAN CITY SANITARY SEWER ~. o rDOn rn N _ AND WATER EASEMENTS ~~-~~ ~ o ~ N PROPOSED ISOLA CREEK SUED. N0. 1 ~ ~ LOCATED IN THE SW 1/4 OF SECTION 35 1029 N. ROSARIO ST., STE. 100 w T.4N., R.1W., B.M. MERIDIAN, IDAHO 83642 F MERIDIAN, ADA COUNTY, IDAHO Phone (2D6) 938-0980 Fax (208) 936-0941