Sewer Easement for Chinden and Linder CrossingADA COUNTY RECORDER Christopher D. Rich 2015.074612
BOISE IDAHO Pgs=5 LISA BATT 081141201509:35 AM
MERIDIAN CITY NO FEE
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SANITARY SEWER EASEMENT
THIS INDENTURE, made this I l day of vS; 20� between Chinden & Linder Crossing.,
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 right-of-way across the
premises and property hereinafter particularly bounded and described; and
WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be
constructed by others; and
WHEREAS, it will be necessary to maintain, service and subsequently connect to said
pipeline 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 EXHIBIT A and B)
The easement hereby granted is for the purpose of construction and operation of a sewer line
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 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.
Sewer Main Easement EASMT SEW 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 shall 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:
AChinden & Linder Crossing, LLC,
X an Idaho limited liability company
By: Michael N. Fery, Manager
STATE OF IDAHO )
: ss.
County of Ada )
On this — day of / 20 15' , before me, the undersigned, a Notary
Public in and for said State, personally appeared '',e- r / «, and
known or identified to me to be the Manager of the
limited liability company that executed the within instrument, and acknowledged to me that
such corporation executed the same.
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Sewer Main Easeirew
, I have hereunto set my hand and affixed my official seal the day
(TARIV PUBLIC FOR ,IDAHO
Resr ifig at: �Bl-igj oA t:Z10
Commission Expires: 3 Z• t�- Z i
EASMT SEW 11-15-13.doe
GRANTEE: CITY OF MERIDIAN
Tammy
City of
L.
Approved By City Council On:
STATE OF IDAHO, )
: ss
County of Ada )
On this 1 � day of A i n �)(S t— 20 1'�- , before me, the undersigned, a Notary
Public in and for said State, 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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Sewer Main Easement EASMT SEW 11-15-13.doc
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CITY OF MERIDIAN
SANITARY SEWER EASEMENT
DESCRIPTION
FOR
CHINDEN & LINDER CROSSING
The following describes a Parcel of Land being a portion of Parcel "B" as shown on
Record of Survey Number 7511, Recorded as instrument No.106129474, Records of
Ada County, Idaho and lying in a portion of the SE 1/4 SE 1/4 of Section 23, Township 4
North., Range 1 West., Boise Meridian., Ada County, Idaho and being more particularly
described as follows:
COMMENCING at the Southeast Corner of said Section 23 being Marked by an
Aluminum Cap; Thence, North 00°47'25" East, 70.00 feet along the Easterly Boundary
Line of the Southeast 1/4 of said Section 23 to a point; Thence leaving said Easterly
Boundary Line, North 89°38'43" West, 96.00 feet to a point on the existing Northerly
Right of Way Line of West Chinden Blvd as Described in ACHD Right of Way
Dedication Warranty Deed Instrument No.111037171, Records of Ada County, Idaho
Marked by a 5/8" iron pin with Plastic Cap "PLS 14216"; Thence continuing along the
Northerly Right of Way Line of West Chinden Blvd, North 89°38'43" West, 172.62 feet to
a point; Thence leaving said Northerly Right of Way Line, North 00°00'00" East, 168.66
feet the POINT OF BEGINNING:
Thence, North 90000'00" West, 16.00 feet to a point;
Thence, North 00000'00" East, 120.32 feet to a point;
Thence, North 90000'00" West, 141.20 feet to a point on the Southerly Right of Way
Line of West Island Green Drive;
Thence along the Southerly Right of Way Line of West Island Green Drive Northeasterly
23.58 feet along the arc of a curve to the left having a Radius of 125.00 feet, a
Central angle of 10°48'36" and a long chord which bears, North 51033'45" East,
23.55 feet to a point;
Thence, North 46009'27" East, 0.52 feet to a point;
Thence leaving said Southerly Right of Way Line, North 90°00'00" East, 131.81 feet to a
point;
Thence, North 35042'45" East, 23.19 feet to a point;
Thence, South 90000'00" East, 12.32 feet to a point;
Thence, South 3542'45" West, 33.03 to a point;
Thence, South 00000'00" East, 127.33 feet to the POINT OF BEGINNING:
Said Easement contains 0.10 acres (4,388 Sq. Ft.) more or less.
The basis of bearing for this description was taken from Record of Survey No. 7511, ACHD
Right of Way Dedication Warranty Deeds, Instrument No's. 111037171 & 111041347, and
Spurwing Challenge Subdivision as filed for Record in Book 105 of Plats at Pa
Records of Ada County, Idaho.