Sanitary Sewer Easement with New Oaks, LLC for Oaks South No. 1ADA COUNTY RECORDER Christopher D. Rich 2014-093877
BOISE IDAHO Pgs=6 VICTORIA BAILEY 11/19/2014 11:22 AM
MERIDIAN CITY NO FEE
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00041385201400938770060066
SANITARY SEWER EASEMENT
THIS INDENTURE, made this —R day of Nov, 2014 between New Oaks 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 main 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, service and subsequently connect to 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 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 mains and their allied facilities, together with their maintenance, repair, replacement
and subsequent connection 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, performing maintenance, replacements or subsequent connections
to the sanitary sewer mains, GRANTEE shall restore the area of the easement and adjacent
property to that existent prior to undertaking such procedures. 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.
The Oaks Off -Site Sanitary Sewer Main Easement
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 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.
The Oaks Off -Site Sanitary Sewer Main Easement
IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their
signatures the day and year first herein above written.
GRANTOR:
New Oaks LLC
U\\ -C-- \
Thomas M. Coleman, Jr.
President, Coleman Communities, Inc.
Manager, Coleman Homes LLC
Manager, New Oaks LLC
STATE OF IDAHO )
SS.
County of Ada )
On this day of lyd�G�c�xv 20 M, before me the undersigned, a Notary Public in and
for said state, personally appeared Thomas M. Coleman, Jr., known or identified to me to be the person
whose name is subscribed to the within instrument as the President of Coleman Communities, Inc.,
Manager of Coleman Homes LLC, Manager of New Oaks LLC, and acknowledged to me that he
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
first above written.
The Oaks Off -Site Sanitary Sewer Main Easement
2LO PC
NO ARY PUBL FO�i IDAHO
Residing
Commission Expires:
GRANTEE: CITY OF MERIDIAN
�.�Ck.S/`oc-a�_
chi -0044 �, Cote
by Mycee L. I467t i, City
Approved By City Council On:
STATE OF IDAHO )
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County of Ada
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On this day of 2014 fore trVhe undersigned, a Notary
T,..... 10.r.�x � cieliT i/.._�v�'+FYCR-
Public in and for said State, personally appeared crc and Jaycee L. Holman,
known to me to be ttieW'�or and City Clerk, respectively, of the City of Meridian, Idaho,
and 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.
•� o�JOy�S••.
• ti ' AR
•.STATE O.•
The Oaks Off -Site Sanitary Sewer Main Easement
NOT"Y PtMLIV F
Residing at: He
Commission Expires:
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EXHIBIT A
July 24, 2014
DESCRIPTION FOR OFF-SITE MERIDIAN CITY SANITARY SEWER EASEMENT
PROPOSED THE OAKS SOUTH SUBDIVISION NO. 1
An easement located in the NW Y of Section 33, T. 4 N., R 1 W., B.M., Meridian, Ada County,
Idaho, being a strip of land 20.00 feet in width, centered about the following described easement
centerline:
Commencing at the NE corner of the NW Y (North'/ comer) of said Section 33, from which
the NW corner of said section bears North 89°16'58" West, 2635.25 feet; thence along the north
boundary of said NW '/a North 89°16'58" West, 233.51 feet; thence leaving said boundary South
00°43'02" West, 650.91 feet to the BEGINNING POINT of said easement centerline,
Thence South 44°31'58" West, 10.24 feet;
Thence South 73009'40" West, 288.44 feet;
Thence North 18'54'12" West, 178.83 feet;
Thence North 50°58'45" West, 91.73 feet;
Thence North 89°16'58" West, 603.93 feet;
Thence South 83°11'30" West, 218.62 feet;
Thence North 88°07'20" West, 109.90 feet;
Thence North 76°13'41" West, 152.49 feet;
Thence North 89°27'21" West, 906.97 feet to a point on the west boundary of said NW '/, the
ENDING POINT of said easement centerline. Containing 51,223 SF, more or less.
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