Sanitary Sewer Easement with Brighton Development for Messina Meadows No 5ADA COUNTY RECORDER Christopher D. Rich 2014-093876
BOISE IDAHO Pgs=7 VICTORIA BAILEY 11/19/2014 11:22 AM
MERIDIAN CITY NO FEE
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00041384201400838760070076
SANITARY SEWER EASEMENT
Now -mw
THIS INDENTURE, made this _a day of Augt ,, 2014, between Brighton Development Inc., an
Idaho corporation, 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 right-of-way across
the premises and property hereinafter particularly bounded and described; and
WHEREAS, the sanitary sewer is to be provided for through an underground pipeline
to be constructed by others; and
WHEREAS, it will be necessary to maintain, service and subsequently connect to
said pipeline 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 EXHIBIT A and EXHIBIT B)
The easement hereby granted is for the purpose of construction and operation of a sewer line 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, it's
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.
Sewer Main Easement EASMT SEW 11-15-13.doc
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.
GRANTOR:
STATE OF IDAHO )
: ss.
County of Ada )
BRIGHTON DEVELOPMENT INC.
an Idaho corporation
By:
its: Chd D .vd' 4 Firyw
Address: 12 O1 W. Explorer Dr., Ste. 200
Boise, Idaho 83713
On this —Lltday of Auust2014, before me, the undersigned Notary Public in and for
said State, pe sonally appeared Ii V e R. M AeV' , known or identified to me to be
the COO / CC -0 , of the corporation that executed the within instrument, and
acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have
and year first above written.
AnMCCURRY
Y PUBLIC
STATE OF IDAHO
set my hand ami affixed my official seal the day
Y PUW IC FOR I AHO U
sion Expires:
Sewer Main Easement EASMT SEW 11-15-13.doc
GRANTEE: CITY OF MERIDIAN
War
L. Holman, Cby Clerk or
P,I ' C'1V
Approved By City Council 0"--'
l
°iL. LUQ
STATE OF IDAHO, )
: ss
County of Ada )
On this (CJ day of 20 before me, the undersigned Notary Public in
and for said State, personally appeared Ti U20 n.and Jaycee L. Holman, known to me to be
te a�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.
.SGA RNA'•. U OR DAHO
5'` $ `, ; Commission Expires: rl y , c�C7 a C�
• 1P'2s�dkng A41
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Sewer Main Easement EASMT SEW 11-15-13.doc
EXHIBIT A
Description for Sanitary Sewer Easement
Legal Description
Messina Meadows Subdivision No. 5
Sewer Easement
An easement being located in the S'/z of Section 29, Township 3 North, Range 1 East, Boise Meridian,
Ada County, Idaho, and more particularly described as follows;
Commencing at an Aluminum Cap monument marking the southwest corner of the SE Ya of Section 29,
from which a 518 inch diameter iron pin marking the southeast corner of the SE'/. of said Section 29
bears S 89043143" E a distance of 2656.26 feet;
Thence N 0°15'13" Ealong the westerly boundary of said SE YG a distance of 721.02 feet to the POINT
OF BEGINNING;
Thence N 0015'13" E a distance of 24.44 feet to a point;
Thence N 53004'38" W a distance of 106.70 feet to a point;
Thence N 37°39'31" E a distance of 30.00 feet to a point;
Thence S 53°04'38" E a distance of 121.38 feet to a point;
Thence S 0°15'13" W a distance of 62.45 feet to a point;
Thence N 52020'27" W a distance of 37.77 feet to the POINT OF BEGINNING.
This parcel contains 0.11 acres and is subject to any other easements existing or in use.
Clinton W, Hansen, PLS pL Lq/y�
Land Solutions, PC 4440Z-111
May 28, 2014 � �F A
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EXHIBIT A to Sewer Main Easement
Legal Description
Messina Meadows Subdivision No. 5
Sewer Easement No. 2
An easement being located In the SW '/ of Section 29, Township 3 North, Range 1 East, Boise Meridian,
Ada County, Idaho, and more particularly described as follows;
Commencing at an Aluminum Cap monument marking the southwest corner of the SE'/. of Section 29,
from which a 5/8 inch diameter iron pin marking the southeast corner of the SE % of said Section 29
bears S 89°43'43" E a distance of 2656.26 feet;
Thence N 0°15'13" E along the westerly boundary of said SE'/, a distance of 721.02 feet to a point;
Thence N 58°54'03" W a distance of 29.12 feet to a point;
Thence N 51029'42" W a distance of 225.33 feet to a point;
Thence N 52049'36" W a distance of 515.88 feet to a point;
Thence N 37010'24" E a distance of 10.88 feet to the POINT OF BEGINNING;
Thence N 33026'30" W a distance of 103.97 feet to a point;
Thence N 0°03'36" E a distance of 54.35 feet to a point on the southerly boundary of Messina Meadows
Subdivision No. 3 as shown in Book 105 of Plats on Page 14325, records of Ada County;
Thence S 33°26'30" E along said southerly boundary a distance of 114.46 feet to a point;
Thence N 48°02'41" E along said southerly boundary a distance of 117;81 feet to a point;
Thence leaving said southerly boundary a distance of 23.57 feet along the arc of a 130.00 foot radius
non -tangent curve left, said curve having a central angle of 10023'10" and a long chord bearing S
47008'54" E a distance of 23.53 feet to a point;
Thence S 52°20'19" E a distance of 6.67 feet to a point;
Thence S 48°02'41" W a distance of 155.97 feet to the POINT OF BEGINNING.
This parcel contains 7368 square feet and is subject to any other easements existing or in use.
Clinton W, Hansen, PLS
Land Solutions, PC
August 20, 2014
La '� 3�®lasti�ets
Und sumgfne end consulling
EXHIBIT A to Sewer Main Easement
L LAND
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Messina Meadows No. 5
Job No. 13-28
pi:IM. 8
Depiction of Sanitary Sewer Easement
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