Sanitary Sewer Easement with New Oaks, LLC for The Oaks Pressure Sewer Easement 2ADA COUNTY RECORDER Christopher D. Rich 2014-095965
BOISE IDAHO Pgs=S BONNIE 1112612014 10:26 AM
MERIDIAN CITY NO FEE
IIIIIIII III I IIIIIIIIIIIIIII II II III IIIIIIIIIIII III
00043602201400969660060063
SANITARY SEWER EASEMENT
THIS INDENTURE, made this qday of Ido / , 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 Permanent Sewer Easementl a
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 tie 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 L\
LC
Thomas M. Coleman, Manager
STATE OF IDAHO
ss.
County of Ada )
On this day of 2014, before me the undersigned, allotary Public in and
for said state, personally appe red 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 ofNew Oaks LLC, an Idaho limited liability
company, and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set y hand and affixed my official seal the day and
first above written. �CA L4�
L
(SEA OTA};,u NO ARY PUBLIC R J,DAHO
ve S Resi ing at: LC
pUBL�G •s Commission Expires: 4
y� '•a OF 19�'0o
The Oaks Permanent Sewer Easement
GRANTEE: CITY OF MERIDIAN
Tanury de Mayo�ot�"
n .r City of
Attest by(J�aycee L. Holman, City Cl SEAL
Approved By City Council On: o?
STATE OF IDAHO )
ss
County of Ada
On this c day of NO\/e "v C/ 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.
•G ••
l p. JON •.
(SEAQ); 1
AIJBtiSG `bo.
The Oaks Permanent Sewer EasementI
4�kl �
N T PUBLIC FOR IDAHO
Resi ing at: "Cn lA r
Commission Expires: \�q vi L� act DC7
J•U.R ENGINEERS, INC.
EXHIBIT A
1 -U -B COMPANIES
The Oaks Pressure Sewer
New Oaks, LLC
®WE � a�tcw�v
uxunoN R�.p� NAPPING
GROUP i�iii%% M.
Permanent Easement Boundary Description
Project Number 10-12-042 August 13, 2014
An easement situated in the northwest quarter of the northwest quarter 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 S00°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, 2636.85 feet along the mid-section line to the center quarter -section corner;
Thence N89018'03"W, 1318.84 feet along the mid-section line to the center -west sixteenth section corner
Thence N00030'58"E, 1316.64 feet along the west line of the southeast quarter of the northwest quarter to
the northwest sixteenth -section corner;
Thence N00°30'58"E, 13.87 feet along the east line of the northwest quarter of the northwest quarter to the
POINTOF BEGINNING:
Thence N76°42'20"W, 1166.32 feet;
Thence N00"32'39"E, 151.70 feet;
Thence S89°27'21"E, 20.00 feet;
Thence S00°32'39"W, 135.72 feet;
Thence S76°42'20"E, 1145.80 feet to the east line of the northwest quarter of the northwest
quarter;
Thence 500'30'58"W, 20.51 feet along the east line of the northwest quarter of the northwest
quarter to the POINT OF BEGINNING.
The above-described easement contains 0.60 acres, more or less.
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