Sanitary Sewer and Water Main Easement with Linder Springs, LLC for Linder SpringsADA COUNTY RECORDER Christopher D. Rich 2015-008808
BOISE IDAHO Pgs=10 LISA BATT 02/0412015 11:37 AM
MERIDIAN CITY NO FEE
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00062943201500088080100101
SANITARY SEWER AND WATER MAIN EASEMENT
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THIS INDENTURE, made this ?qday of danuaPu, 2015 between Linder Springs, 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,
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 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.
Sanitary Sewer and Water Main Easement EASMT S&W 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 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.
GRA70VV
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Managing ber
William F. Gallagher
Printed Name
8312 W. Northview Suite 120 Boise, Idaho 83704
Address
STATE OF IDAHO )
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County of Ada )
On this _ day of v�,� t. w 4 , V ` , 20 , before me, the undersigned, a Notary
Public in and for said State, personally appeared William F. Gallagl, ier, known or identified
to me to be the Managing Member, respectively, of the Limited Liability Company that
executed the within instrument, and acknowledged to me that such Limited Liability
Company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first abo•Vffiw riUQ
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Sanitary Sewer and Water Main a'�ement
NOTARY PUBLIC J�)R'IbAHO
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EASMT S&W 11-15-13.doc
GRANTEE: CITY OF MERIDIAN
Tammy de We'eXd, Mayor
L. Holman, City
Approved By City Council On:
STATE OF IDAHO, )
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County of Ada )
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On this _ day of 1~i -b nj c.,r" , 20 _, 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.
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Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doe
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January 15, 2015
Project No. 113061
't:Lit; LARD GROUP. INC -
Exhibit "A"
LINDER SPRINGS APARTMENTS
SEWER & WATER EASEMENT
Page 1 of 6
An easement situated in a portion of the Southwest One Quarter of the Southwest One Quarter of
Section 25, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho,
more particularly described as follows:
Commencing at the Southwest Corner of said Section 25, marked by an aluminum cap monument,
Thence on the westerly line of said Section 25, North 0'24'56" East, 961.43 feet;
Thence leaving said westerly line, South 89`35'04" East, 38.00 feet, to a point on the easterly
right-of-way line of North Linder Road and the southerly right-of-way line of West Deer Crest Street;
Thence on said southerly right-of-way line the following three courses:
1. South 89°35'11" East, 140.64 feet;
2. 115.94 feet along a circular curve to the left, having a radius of 1,029.00 feet, a central angle
of 6'°27'20", and whose long chord bears North 87°11'09" East, 115.88 feet;
3. North 83°57'29" East, 143.48 feet, to the POINT OF BEGINNING;
Thence leaving said southerly right-of-way, South 06"04'08" East, 91.05 feet;
Thence North 85'05'23"
East, 22,62 feet;
Thence North 04°54'37"
West, 26.00 feet;
Thence North 85°05'23"
East, 10.00 feet;
Thence South 0454'37"
East, 26.00 feet;
Thence North 85°05'23"
East, 76.75 feet;
Thence North 04°54'37"
West, 7.51 feet;
Thence North 25`05'23"
East, 22.50 feet;
Thence North 85'05'23"
East, 11.55 feet;
Thence South 25005'23"
West, 25.60 feet;
Thence South 04°5437'
East, 4.83 feet;
Thence North 85°05'23"
East, 7.93 feet;
Thence North 3511'45"
East, 9.81 feet;
Thence South 54'48'15"
East, 10.00 feet;
Thence South 35°11'45"
West, 33.01 feet;
Thence South 00°26'44"
West, 7.64 feet;
Thence North 83°39'24"
East, 33.23 feet;
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Thence South 00°26'44" West, 10.07 feet;
Thence South 83°39'24" West, 33.23 feet;
Thence South 00°26'40" West, 84.63 feet;
Thence South 89°33'16" East, 33.00 feet;
Thence South 00°26'44" West, 10.00 feet;
Thence North 89°33'16" West, 26.00 feet;
Thence South 00°26'44" West, 25.38 feet;
Thence South 35°18'34" East, 13.33 feet;
Thence South 54°41'26" West, 10.00 feet;
Thence North 35°18'34" West, 13.88 feet;
Thence North 89°33'16" West, 31.06 feet;
Thence South 00°26'44" West, 24.00 feet;
Thence North 89°33'16" West, 10.00 feet;
Thence North 00°26'44" East, 24.00 feet;
Thence North 89"33'16" West, 46.64 feet;
Thence South 14017'40" East, 65.21 feet;
Thence South 89°33'16" East, 16.54 feet;
Thence South 00026'44" West, 20.00 feet;
Thence North 89°33'16" West, 14.50 feet;
Thence South 00°26'44" West, 51.35 feet;
Thence South 89°33'16" East, 23.50 feet;
Thence South 00°26'44" West, 10.00 feet;
Thence North 89°33'16" West, 23.50 feet;
Thence South 00°26'44" West, 99.97 feet;
Thence South 89°33'16" East, 57.01 feet;
Thence North 00°26'44" East, 26.00 feet;
Thence South 89033'16" East, 10.00 feet;
Thence South 00°26'44" West, 26.00 feet;
Thence South 89°33'16" East, 7.95 feet;
Thence North 35°08'43" East, 12.29 feet;
Thence South 54°51'17" East, 10.00 feet;
Thence South 35°08'43" West, 25.77 feet;
Thence South 00°26'44" West, 11.27 feet;
Thence South 89"33'16" East, 27.00 feet;
Thence South 00°37'03" West, 10.00 feet;
Thence North 89°33'16" West, 31.93 feet;
Thence North 38°01'18" West, 17.93 feet;
Thence North 89°33'16" West, 52.09 feet;
Thence South 00°23'35" West, 111.50 feet;
Thence South 89°33'16" East, 58.08 feet;
Thence South 00°26'44" West, 12.00 feet;
www.thelandgroupinc.com
I]AE LAND GROUP, INC.,
Thence South 89°33'16"
East, 10.21 feet;
Thence North 42°49'46"
East, 28.97 feet;
Thence South 89°33'16"
East, 7.27 feet;
Thence South 00°26'44"
West, 8.51 feet;
Thence North 89°33'16"
West, 1.50 feet;
Thence South 4249'46"
West, 30.98 feet;
Thence North 89°33'16"
West, 12.40 feet;
Thence South 41°11'23"
East, 27.03 feet;
Thence South 48°48'37"
West, 10.00 feet;
Thence North 41°11'23"
West, 25.22 feet;
Page 3 of 6
Thence North 8933'16"
West, 21.04 feet;
Thence South 00°26'44"
West, 24.50 feet;
Thence North 89'33'16"
West, 10.00 feet;
Thence North 00°26'44"
East, 24.50 feet;
Thence North 89°33'16"
West, 14.96 feet;
Thence South 00°23'35"
West, 80.10 feet, to the southerly boundary line of the Commercial
Southwest Subdivision No.3, as recorded in Book 105, Page 14443, official records of Ada
County, Idaho;
Thence on said southerly boundary line, North 89°35'04" West, 21.13 feet;
Thence North 00°24'56" East, 51.53 feet;
Thence North 89°35'04" West, 14.98 feet;
Thence leaving said southerly boundary line, North 00000'58" East, 32.17 feet;
Thence North 89°33'16" West, 48.58 feet;
Thence South 45'26'44" West, 9.08 feet;
Thence North 89'33'16" West, 12.65 feet;
Thence North 00'26'44"
East, 10.00 feet;
Thence South 89°33'16"
East, 8.50 feet;
Thence North 45°26'44"
East, 9.08 feet;
Thence South 89033'16"
East, 52.64 feet;
Thence North 00°00'58"
East, 15.35 feet;
Thence South 89°36'25"
East, 8.46 feet;
Thence North 00'2335"
East, 96.66 feet;
Thence North 44°33'16"
West, 7.75 feet;
Thence North 89°33'16"
West, 60.35 feet;
Thence South 0026'44"
West, 34.72 feet;
Thence North 89'33'16"
West, 10.00 feet;
Thence North 00°2644"
East, 34.72 feet;
Thence North 89°33'16" West, 114.65
feet, to the westerly boundary line of said
Commercial Southwest Subdivision No.3;
Thence on said westerly boundary line, North 00°24'56" East, 20.00 feet;
www.thelandgroupinc.com
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MI. LAND GROUP, "I'„#'_
Thence leaving said westerly boundary line, South 89°33'16" East, 59.15 feet;
Thence North 00°26'44" East, 31.50 feet;
Thence South 89°33'16" East, 10.00 feet;
Thence South 00°26'44" West, 31.50 feet;
Thence South 89°33'16" East, 72.97 feet;
Thence North 00°26'44" East, 26.50 feet;
Thence South 89°33'16" East, 10.00 feet;
Thence South 00°26'44" West, 26.50 feet;
Thence South 89°33'16" East, 3.40 feet;
Thence North 00°23'35" East, 13.36 feet;
Thence South 89°33'16" East, 17.63 feet;
Thence North 00°26'44" East, 170.74 feet;
Thence North 14°17'40" West, 68.90 feet;
Thence South 74°11'44" West, 29.46 feet;
Thence South 15°47'53" East, 34.56 feet;
Thence South 74°11'44" West, 10.00 feet;
Thence North 15°47'53" West, 34.56 feet;
Thence South 74911'44" West, 38.20 feet;
Thence North 89°35'04" West, 11.82 feet;
Thence South 04°33'16" East, 22.00 feet;
Thence South 85°16'17" West, 10.00 feet;
Thence North 04°33'16" West, 22.90 feet;
Thence North 89°35'04" West, 88.07 feet;
Thence South 04°33'16" East, 30.50 feet;
Thence South 85°16'17" West, 10.00 feet;
Thence North 04°33'16" West, 31.40 feet;
Thence North 89°35'04" West, 37.01 feet, to the westerly boundary line of said Commercial
Southwest Subdivision No.3;
Thence on said westerly boundary line, North 00°24'56" East, 20.00 feet;
Thence leaving said westerly boundary line, South 89°35'04" East, 117.50 feet;
Thence North 00°24'56" East, 51.30 feet;
Thence North 89°35'04" West, 39.50 feet;
Thence North 00°24'56" East, 10.00 feet;
Thence South 89°35'04" East, 39.50 feet;
Thence North 00°24'56" East, 54.00 feet;
Thence North 89`35'04" West, 37.50 feet;
Thence North 00°24'56" East, 10.00 feet;
Thence South 89°35'04" East, 27.30 feet;
Thence North 12°36'50" West, 24.72 feet;
Thence North 53°04'10" East, 11.04 feet;
Thence South 36°55'50" East, 17.16 feet;
www.thelandgroupinc.com
, Page 5 of 6
riii,.' LAND GRDi'
Thence North 77'23'10" East, 39.98 feet;
Thence North 1236'50" West, 28.27 feet;
Thence North 83`5729" East, 10.07 feet;
Thence South 12°36'50" East, 27.12 feet;
Thence North 77°23'10" East, 10.35 feet;
Thence North 12°36'50" West, 12.42 feet;
Thence North 77°23'10" East, 30.65 feet;
Thence North 06°04'08" West, 79.45 feet, to the southerly right-of-way line of West Deer
Crest Street;
Thence on said southerly right-of-way line, North 83°57'29" East, 20.00 feet, to the
POINT OF BEGINNING.
EXCEPTING THEREOF the following described two (2) areas:
Commencing at the Southwest Corner of said Section 25, marked by an aluminum cap monument,
Thence on the westerly line of said Section 25, North 0°24'56" East, 961.43 feet;
Thence leaving said westerly line, South 89°35'04" East, 38.00 feet, to a point on the easterly
right-of-way line of North Linder Road and the southerly right-of-way line of West Deer Crest Street;
Thence on said southerly right-of-way line the following three courses:
1. South 89°35'11" East, 140.64 feet;
2. 115.94 feet along a circular curve to the left, having a radius of 1,029.00 feet, a central angle
of 6°27'20", and whose long chord bears North 87°11'09" East, 115.88 feet;
3. North 83°57'29" East, 143.48 feet,
Thence leaving said southerly right-of-way line, South 06°04'08" East, 121.06 feet, to the
POINT OF BEGINNING;
Thence North 85°05'23" East, 98.75 feet;
Thence South 00026'44" West, 105.40 feet;
Thence North 89°33'16" West, 87.34 feet;
Thence North 06°04'08" West, 96.81 feet, to the POINT OF BEGINNING.
Commencing at the Southwest Corner of said Section 25, marked by an aluminum cap monument,
Thence on the westerly line of said Section 25, North 0024'56" East, 961.43 feet;
Thence leaving said westerly line, South 8935'04" East, 38.00 feet, to a point on the easterly
right-of-way line of North Linder Road and the southerly right-of-way line of West Deer Crest Street;
Thence on said southerly right-of-way line the following three courses:
1. South 89°35'11" East, 140.64 feet;
2. 115.94 feet along a circular curve to the left, having a radius of 1,029.00 feet, a central angle
of 6°27'20", and whose long chord bears North 87°11'09" East, 115.88 feet;
3. North 83°57'29" East, 123.48 feet,
Thence leaving said southerly right-of-way line, South 06°04'08" East, 122.15 feet, to the
POINT OF BEGINNING;
www.thelandgrou pinc.corn
Page 6 of 6
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Thence South 06°04'08"
East, 112.92 feet;
Thence South 74011'44"
West, 73.11 feet;
Thence South 89°35'04"
West, 16.63 feet;
Thence North 00°24'56"
East, 115.48 feet;
Thence North 77°23'10"
East, 76.03 feet, to the POINT OF BEGINNING.
The above described easement, including exclusions, contains 1.22 acres more or less, subject to all
existing easements and rights-of-way.
Attached hereto is Map Exhibit "B" and by this reference is made a part hereof.
PREPARED BY:
THE LAND GROUP, INC.
462 E. SHORE DRIVE, SUITE 100
EAGLE, IDAHO 83616
208-939-4041
208-939-4445(fax)
Michael S. Femenia
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