Sanitary Sewer and Water Main Easement with New Oaks, LLC for New Oaks Subdivision No 2ADA COUNTY RECORDER Christopher D. Rich 2015-003136
BOISE IDAHO Pgs=5 BONNIE 01/141201511:06 AM
MERIDIAN CITY NO FEE
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SANITARY SEWER AND WATER MAIN EASEMENT
THIS INDENTURE, made this k-�> day of ,� ar�, 2015_ 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 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, 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 and water 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 and water 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 South Subdivision No. 2 Sanitary Sewer and Water Main Easement
THE GRANTORS hereby covenant and agree that they willl 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, Jr., President
Coleman Homes LLC
Manager, New Oaks LLC
STATE OF IDAHO
SS.
County of Ada )
On this /'1Jday of � 201 / , 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 Homes LLC, Manager
of New Oaks LLC, and acknowledged to me that he executed the same in behalf of such limited
liability company.
IN WITNESS
first above wr
have hereunto set npy hand and affixed my official seal the day and year
Residing at: L"
Commission Expires:
The Oaks South Subdivision No. 2 Sanitary Sewer and Water Main Easement
GRANTEE: CITY OF MERIDIAN
Tammy od yeerd, Mayor
L. Holman, City Clerk
Approved By City Council On:
STATE OF IDAHO, )
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County of Ada )
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ER?IAHO
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On this )-J day of , 20 l S , before me, the undersigned, a Notary
Public in and for said State, persona y 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.
�.� JON,•.
(SEAL��r��Q�,ARlr�s••� NO YP LICF
Residing at: �P lr t ac r� l
Commission Expires: la n
The Oaks South Subdivision No. 2 Sanitary Sewer and Water Main Easement
EXHIBIT A
May 27, 2014
DESCRIPTION FOR MERIDIAN CITY SANITARY SEWER & WATER EASEMENTS
PROPOSED THE OAKS SOUTH SUBDIVISION NO.2
Easements located in the N % of Section 33, T. 4 N., R 1 W., B.M., Meridian, Ada County,
Idaho, more particularly described as follows:
EASEMENT A
Commencing at the NE corner of said Section 33, from which the N % corner of said section
bears North 89°16'45" West, 2635.86 feet; thence South 54°16'13" West, 1860.35 feet to the POINT
OF BEGINNING;
Thence South 00°28'24" West, 32.56 feet;
Thence North 89°31'36" West, 40.00 feet;
Thence North 00°28'24" East, 32.56 feet;
Thence South 89°31'36" East, 40.00 feet to the POINT OF BEGINNING. Containing 1,302
SF, more or less.
EASEMENT B
Commencing at the NE corner of said Section 33, from which the N % coiner of said section
bears North 89°16'45" West, 2635.86 feet; thence South 65°32'33" West, 2679.34 feet to the POINT
OF BEGINNING;
Thence South 00°19'00" East, 31.53 feet;
Thence South 89°41'00" West, 40.00 feet;
Thence North 00°19'00" West, 31.53 feet;
Thence North 89041'00" East, 40.00 feet to the POINT OF BEGINNING. Containing 1,261
SF, more or less.
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LOCATED IN THE N 1/2 OF SECTION 33
1029 N. ROSARIO Si., STE. 100
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T.4N., R.1 W., B.M.
MERIDIAN, IDAHO 83642
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MERIDIAN, ADA COUNTY, IDAHO 91
Phone (208) 938-0980 Fax (208) 938-0941
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