Sanitary Sewer and Water Easement for Isola Creek Subdivision No 3ADA COUNTY RECORDER Christopher D. Rich 2016-028673
BOISE IDAHO Pgs=5 DAWN TRIVOLIS 04/06/2016 03:02 PM
MERIDIAN CITY NO FEE
111111111111111111111111111111111111111111111111111111 111
00211431201600286730060063
SANITARY SEWER AND WATER MAIN EASEMENT
THIS INDENTURE, made this 5 - day of -Aj�y-,\, 2016, between Isola Creek 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 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
Isola Creek Subdivision No. 3 Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc
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:
ISOLA CREEK LLC
Thomas M. Coleman, President
Coleman Homes LLC
Manager of Isola Creek LLC
3103 W. Sheryl Drive, Suite 100, Meridian, ID 83642
Address
STATE OF IDAHO )
ss.
County of Ada )
On this day ofq4, 2016, before me, the undersigned, a Notary
Public in and for said State, personally` ppeared Thomas M. Coleman, Jr., known or
identified tome to be the President of Coleman Homes LLC, Manager Isola Creek LLC, 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
and year first above written.
,, } `V
Isola Creek SubN-Vision. lo.�4� rani
set my hand and affixed my official seal the day
N` G\TARY PUBLI FO IDA
Residing at:
Commission Expires: zy
1�
Sewer and Water Main Easement EASMT S&W 11-15-13.doe
GRANTEE: CITY OF MERIDIAN
Tammy de e d, Mayor
f t rty of
I /� .Qm
:Gsn,rso
Attest b ycee L. Holman, City Clerk � `�:;, S_ 1L g
Approved By City Council On:
STATE OF IDAHO, )
ss
County of Ada )
On this ��� day of 7 r, , 2016, 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.
0088...
.• �ZCA Jp.
oTA,p��,�tn ® ,
(SE�LNOTARY PUBLIC FOR IDAHO
t
® ! Residing at: Lr
® `.� .• Commission Expires: 1 ' y d 2CD
Isola Creek Subdivision No. 3 Sanitary Sewer and Water Main Easement EASMT S&W I 1-15-13.doc
EXHIBIT A
February 8, 2016
DESCRIPTION FOR MERIDIAN CITY OFF-SITE SANITARY SEWER & WATER EASEMENT
PROPOSED ISOLA CREEK SUBDIVISION NO.3
An easement located in the southwest'/4 of Section 35, T. 4 N., R 1 W., B.M., City of Meridian,
Ada County, Idaho, being more particularly described as follows:
Commencing at the W'/4 corner of said Section 35, from which the SW corner of said Section
35 bears South 00°53'07" West, 2643.59 feet; thence South 36°18'42" East, 1590.72 feet to the
POINT OF BEGINNING;
Thence North 52°10'29" East, 54.31 feet;
Thence South 37°49'31" East, 42.00 feet;
Thence South 52°10'29" West, 54.31 feet;
Thence North 37°49'31" West, 42.00 feet to the POINT OF BEGINNING. Said easement
containing 2,281 s.f., more or less.
L LANos
�S HSTF
CL 11118 ;0
�LTON
140228-ofssease.docx
EXHIBIT B
1
34 35-�--. _ _ _ _ S 89'11'20' E 1967.21
._.—....... ...... •—•—•......
—.
/4.1 WESTERLY BOUNDARY INTERIOR ANGLE POINT
BRIDGETOWER CROSSING SUBDIVISION NO. 3
or� \
Q. ► I I I I I \ I
�� ►II \ \
►
z' ►L"—T--r-- �—�--�--
Z I ►�N
zi ;o
Lq
y W. TEANO DR.
mLo
o I j I
PROPOSED Z
t I o ► 5ti1��� W. TUBAC DR.
ISOLA CREEK SUED. NO. 3
S 1/16
Nti• 1
SEWER WA7ER
y( N9 tov. , EASEMENT - - - - - - - - - -
1 2,281 SF
� II
II BRIDGETOWER SUBD. NO. 1
I I Np L LA /vo
ESTE s
G
34 35 TM, R1W + $ o
3 2 W. USTICK ROAD A O VA 1l ► _
�j qTF
OF
'LT0N W NP'
SCALE 1"=200' MERIDIAN CITY OFF-SITE SANITARY ENGINEERING
DWG.DATE 02/08/15 SEWER & WATER EASEMENT
PROJ. NO. 140228 PROPOSED ISOLA CREEK SUBD. NO. 3 SOLUTIONS
SHEET
1 OF 1 LOCATED IN THE SW 1/4 OF SECTION 35 1029 N. ROSARIO ST., STE. 100
T.4N., R.1W., B.M. MERIDIAN, IDAHO 83642
MERIDIAN, ADA COUNTY, IDAHO Phone (208) 938-0980 Fox (208) 938-0941