Sanitary Sewer Easement with New Oaks, LLC for The Oaks Pressure Sewer Easement 1ADA COUNTY RECORDER Christopher D. Rich 2014-095966
BOISE IDAHO Pgs=6 BONNIE 11/26/201410:26 AM
MERIDIAN CITY NO FEE
11111111111111111IIIIIIII111111111111111111 VIII I III
00043603201400969660060067
SANITARY SEWER EASEMENT
THIS INDENTURE, made this -2F day of 1��� , 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 Pressure Sewer Easement A 1
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.
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
Thomas M. Coleman, Manager
STATE OF IDAHO
J ss.
County ofAda (I )
On this � day of 2014, before me the undersigned, a Notary Public in and
for said state, personally ap ared Thomas M. Coleman, Jr., known or identified to me to be the
President of Coleman Communities, Inc., a Delaware Corporation; the Manager of Coleman Homes
LLC, an Idaho limited liability company; and the Manager of New Oaks LLC, an Idaho limited liability
company, and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set and and affixed my official seal the day and year
first above written., ,% " se%
07
(SEA rlp�-%OT:1 + IC p `� y NO �RY PUBLODAHO
Residing at: (Cf
Jr4 Ab 3 LNC' a Commission Expires.
O
OF
The Oaks
GRANTEE: CITY OF MERIDIAN
Mayor
L. Holman, City Clerk
Approved By City Council On:
STATE OF IDAHO )
:x:
County of Ada )
City of
SERI.
_�yfFp °/ Abe TRF RSUR�,Py
On this �� day of Nove-yyl 2014, 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,
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.
Residing at: "e4-jCj 1 ctrl I
Commission Expires: n
The Oaks Pressure Sewer Easement 3
EXHIBIT A
CJ•U-B J -U -B COMPANIES ®I TIN ®I max "Naa INC
J•U•B ENGINEERS, INC.
The Oaks Pressure Sewer
New Oaks, LLC
Permanent Easement Boundary Description
Project Number 10-12-042 August 13, 2014
An easement situated in the north half of Section 33, Township 4 North, Range 1 West, Boise Meridian, Ada
County, Idaho, and being more particularly described as follows:
Commencing at the northeast corner of Section 33, Township 4 North, Range 1 West, Boise Meridian;
Thence 500'27'22"W, 2631.60 feet along the east line of the northeast quarter of Section 33 to the east
quarter -section corner of Section 33;
Thence N89"18'39"W, 1318.42 feet along the mid-section line to the center -east sixteenth -section corner;
Thence N00"28'22"E, 995.69 feet along the east line of the southwest quarter of the northeast quarter to
the POINT OF BEGINNING:
Thence S87005'54"W, 41.41 feet;
Thence N47°54'06"W, 22.15 feet;
Thence NO2"06'31"W, 48.58 feet;
Thence N47006'31"W, 30.57 feet;
Thence S65°23'29"W, 163.41 feet;
Thence S87"53'29"W, 1024.22 feet;
Thence N76"42'31"W, 65.95 feet to the east line of the southeast quarter of the northwest quarter;
Thence continuing N76°42'31"W, 808.65 feet;
Thence N65027'20"W, 321.89 feet;
Thence N76"42'20"W, 241.74 feet to the west line of the northeast quarter of the northwest
quarter;
Thence N00°30'58"E, 20.51 feet along the west line of the northeast quarter of the northwest
quarter;
Thence S76°42'20"E, 248.24 feet; /2Tlr ,
Thence S65°27'20"E, 321.89 feet; TH1334
Page 1 of 2
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J•U•B ENGINEERS, INC.
Permanent Easement continued...
J -U -B COMPANIES THE
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Thence S76°42'31"E, 802.14 feet to the west line of the southwest quarter of the northeast quarter;
Thence continuing S76"42'31"E, 67.79 feet;
Thence N87°53'29"E, 1017.54 feet;
Thence N65"23'29"E, 172.80 feet;
Thence S47006'31"E, 52.22 feet;
Thence SO2°06'31"E, 48.42 feet;
Thence S47054'06"E, 5.42 feet;
Thence N87°05'54"E, 34.30 feet to the east line of the southwest quarter of the northeast quarter;
Thence S00"28'22"W, 20.03 feet along the east line of the southwest quarter of the northeast
quarter to the POINT OF BEGINNING.
The above-described easement contains 1.27 acres, more or less.
Aj,
Page 2 of 2 `hg4t
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EXHIBIT B
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