Sanitary Sewer and Water Main Easement with TS Development for McLinder Sub No 2ADA COUNTY RECORDER Christopher D. Rich 2015-010590 '
BOISE IDAHO Pgs=6 VICTORIA BAILEY 02/1112015 10:54 AM
MERIDIAN CITY NO FEE
01600 05 0006 0
00064624201500105900050055
SANITARY SEWER AND WATER MAIN EASEMENT
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THIS INDENTURE, made this 4- day of �, 201; between
the parties of the first part, and hereinafter called the GRANTORS, and the City of Mer dian, 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
Aigri*res the day and year first herein above written.
Development LLC
By(Thos M Bevan Jr.
Its: ng Member
4202 N Marcliffe Ave. Boise, ID 83704
Address
STATE OF IDAHO )
ss.
County of Ada )
On this 3� day of 20 s, before me,�jhe undersigned, a Notary
Public in and for said State, person appeared 7 ' vyl t1&J, .7Y- • , known
or identified to me to be the Managing Member, of the limited liability company that
executed the within instrument, and acknowledged to me that such company executed the
same.
IN WITNESS WHEPgOF, I have hereunto set my hand and affixed my official seal the day
and year first/wYiltgr�:
tip'=
(SEAL) OTAR PtCFoA I O
AU8 E 1 G Residing at:
=, u� Commission Expires: :71191fooig
OF ID
Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc
GRANTEE: CITY OF MERIDIAN
Tammy
L. Holman, City Clerk
Approved By City Council On:
STATE OF IDAHO, )
: ss
County of Ada )
City of
SEAi-
ER o e
'/O TI1F�,
On this 10 day of 20 j �, before me, the undersigned, a Notary
Public in and for said State, personaI& 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.
•O1(_A J(Y*
:•45$�TA�'P''Ji:
•.� . OF �9 s
••.....•
Residing at: M2 v1
Commission Expires:
Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc
Sawtooth Land 5urveying, LLC
P: (208) 398-8104 F: (208) 398-8105
- 101 Canal 5t., Emmett, ID 8361 7
February 3, 2015
EXHIBIT A
McLinder Subdivision No. 2 Water and Sewer Easement Description
A portion of the NWl/4 of Section 36, T. 4 N., R. i W., B.M., City of Meridian, Ada County, Idaho,
more particularly described as follows:
at an aluminum cap marking the northwest corner of said Section 36;
Thence South 89°24'32" East, coincident with the North line of said section 36, a distance of 812.05 feet
to the northwest corner of Cobblefield Crossing Subdivision No. 2 as shown on file in Book 93 of Plats,
at Page 11175, Ada County Records;
Thence South 0°16'26" West, coincident with the west boundary of said Cobblefield Crossing
Subdivision No. 2, a distance of 226.47 feet to the northeast corner of Mclinder Subdivision No. 1, as
shown on file in Book 107 of Plats at Page 14919, Ada County Records;
Thence North 89026'18" West, coincident with the north line of said Mclinder Subdivision No. 1, a
distance of 171.43 feet;
Thence North 0°33'42" East, 15.00 feet to the POINT OF BEGINNING;
Thence North 89026'18" West, 30.00 feet;
Thence North 0033'42" East, 34.00 feet-,
Thence South 89026'18" East, 10.00 feet;
Thence North 0033'42" East, 78.56 feet;
Thence North 89024'32" West, 129.00 feet;
Thence North 0033'42" East, 74.00 feet to the south right of way line of W. McMillan Road;
Thence South 89024'32" East, coincident with said south right of way line of W. McMillan Road, 20.00
feet;
Thence South 0033'42" West, 54.00 feet;
Thence South 89024'32" East, parallel with said south right of way line of W. McMillan Road, 129.00
feet;
Thence South 0033'42" West, 132.55 feet to the POINT OF BEGINNING;
P:\2014\14099-MCLINDER SUB. NO. 2\Drawings\Descriptions\14020-WATER AND SEWER EASEMENT.docx
Paye 11
The above described parcel contains 0.15 acres more or less.
Together with and subject to covenants, easements and restrictions of record.
P:\2014\14099-MCLINDER SUB, NO, 21Drawings\Descriptions\14020-WATER AND SEWER EASEMENT.docx
Paye 12
EXHIBIT B
26 25
S 89'24'32" E
W. McM1LLAN RD. 812.05'
35 36
3
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�`32" E 129.00'
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N 89'24'32" W 129.00' w.
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L43N 99'26 16 W130.00-1 J
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L46 5 99'26 18 E lO.OD
L47 5 84'2432 E 20.00
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89'26'18" W 171.43'
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CITY OF MERIDIAN
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