Sanitary Sewer Water Easement with Cottonwood Development at Gondola DriveADA COUNTY RECORDER Christopher D. Rich 2016-032986
BOISE IDAHO Pgs=7 CHE FOWLER 04/20/2016 11:07 AM
MERIDIAN CITY NO FEE
IIIIIIIIIII 1111IIIIIII111111111111111111 III III III
00216161201600329860070074
SANITARY SEWER AND WATER MAIN EASEMENT
THIS INDENTURE, made thisday of 140ri 20 Ito
between t..v L -. , 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
Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc
anything placed within the area described in this easement that was placed there in
violation of this easement.
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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.
GRANTOR:
to
STATE OF IDAHO )
: ss.
County of Ada )
On this day of or$ , 20 before me, the undersigned, a
Notary Public in and for said State, personally appeared
to, LL I I U M known or identified to me to be the President k
and 8-ecretary, respectively, of the corporation that executed the within instrument, and
acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc
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(SEAL) "4 t® ®A R y NOTARY PUBLIC FOR IDAHO
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Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc
GRANTEE: CITY OF MERIDIAN
de
Attest by —elm= - i
Approved By City Council On:
STATE OF IDAHO, )
: ss
County of Ada )
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City of
E IIDIAN*--
InAHO
SEAL
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On this _ day of PrDy� � , 20 t, before me, the undersigned, a
Notary Public in and for said State, personally appeared Tammy de Weerd and fie- .
-ern 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.
1 Vlk 4U'L
NOTARY PUBW FOR IDAHO
Residing at: UW V�Q- L)
Commission Expires: c� q r /
Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc
DESCRIPTION OF
CITY OF MERIDIAN WATER AND SEWER MAIN EASEMENT
GONDOLA DRIVE
FOR
COTTONWOOD DEVELOPMENT, LLC
A parcel of land being a portion of the NW 1/4 of the SW 1/4 of Section 27, TAN.,
RAW., B.M., Ada County, Idaho and more particularly described as follows:
COMMENCING at the West 1/4 corner of said Section 27; thence along the North
boundary of said NW 1/4 of the SW 1/4 of Section 27
South 89°20'15" East 622.24 feet to a point; thence leaving said North boundary
at right angles
South 00039'45" West 195.53 feet to the POINT OF BEGINNING; thence
North 43°58'54" East 26.02 feet to a point; thence at right angles
South 46001'06 East 20.00 feet to a point; thence at right angles
South 43058'54" West 8.00 feet to a point; thence at right angles
South 46001'06" East 30.00 feet to a point; thence at right angles
South 43058'54" West 22.14 to a point on a curve; thence along the are of a curve
to the right having a radius of 973.00 feet, a central angle of 2037'42", a length of 44.64
feet and a long chord that bears
North 41'24'26" West 44.63 to a point of reverse curvature; thence along the arc
of a curve to the left having a radius of 427,00 feet, a central angle of 0°44'35", a length
of 5.54 feet and a long chord that bears
North 40027'52" West 5.54 feet to the POINT OF BEGINNING,
Said Parcel of Land Contains 1,174 Square Feet, more or less.
W:\3719iDoc\3719-Sewer-Water-Gondola-Ease.docx - dnm
CURVE
TABLE
CURVE RADIUS DELTA ILENGTHI
8EARING CHORD
C- 1 973.00' 2°37'42"
44.64' N 41°24'26" W 44.63'
C- 2 427.00' 0°44'35"
5.54' N 40°27'52" W 1 5.54'
, S 89-20'15" E 2649.82'
O
a
W 1/4 COR
SECT. 27
/
U
622.24'
x
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a
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EXHIBIT "B"
CITY OF MERIDIAN WATER &
SEWER MAIN EASEMENT AT
GONDOLA DRIVE FOR
COTTONWOOD DEVELOPMENT, LLC
A PORTION OF THE NW 1/4 SW 1/4, SECTION 27,
T.4N., R.IW., B.M.
MERIDIAN, ADA COUNTY, IDAHO
LI
2027.58' CTR. 1/4 COR.
SECT. 27
N 43°58'54" E
26.02'
S 46 °01'06" E
20.00'
1Y.
JL
0 20 40 80
SCALE IN FEET
I" = 40'
S 43 °58'54" W
--- 8.00'
S 46'01'06" E
—� 30 00'
EASEMENT
1,174 S.F.
�S 43°58'54" W
�/ 22.14'
�,t LAN�js��
34"0
qT �� OF
CK A.
Ia
112594 W. EXPLORER DRIVE, SUITE 150, BOISE, ID 83713
3719- Sewer- Water- Ease- Gondola. dwg 12-04-14 15:24:37 dmorks 208-385-0636