Brighton Investments, LLC - Sanitary Sewer and Access Easement AgreementADA COUNTY RECORDER Christopher D. Rich 2016-119077
BOISE IDAHO Pgs=9 BONNIE OBERBILLIG 12/08/2016 01:21 PM
CITY OF MERIDIAN, IDAHO NO FEE
SANITARY SEWER AND ACCESS EASEMENT
THIS INDENTURE, made this day of 1. 66en16 e4- , 2016 between Brighton Investments
LLC, an Idaho limited liability company, 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 are willing 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 by an underground pipeline to be
constructed by the GRANTEE; 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 casement over and
across the following described property:
SANITARYSEWER AND ACCESS ROAD SEE ATTACHED EXHIBITS A-1.1 and A-1.2
The easement hereby granted is for the purpose of construction and operation of a sewer
line and access road 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,
In addition to the sanitary sewer and access road easement, a separate, non-exclusive
access easement is hereby granted for the purpose of vehicular ingress and egress at the
convenience of GRANTEE over, on across and through the following described real
property:
SEPARATE ACCESS EASEMENT, SEE ATTACHED EXHIBITS A -X 3 AND A-1,4
TO HAVE AND TO HOLD, the said easements and right-of-way unto the said
GRANTEE, it's successors and assigns forever,
If the GRANTORS utilization of the lands change, the GRANTOR hereby reserves the
right to relocate the access easement upon the GRANTOR's property upon thirty days'
prior written notice to GRANTEE. The parties then agree to execute, deliver and record
Sewer Main Easement Rev, 7-28-16
an amendment to this document to evidence any such relocation, The GRANTEE shall
maintain these access facilities and corridors in all-weather travelable condition,
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 line, 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, and GRANTOR shall promptly repair at GRANTOR's expense any damage to
the easement areas caused by GRANTOR.
THE GRANTORS hereby covenant and agree that they will not place or allow to be
placed any permanent structures or trees 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, or public pathway 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.
GRANTEE hereby agrees to the extent allowed by law to indemnify and hold
GRANTOR harmless ftom and against any and all claims for loss, injury, death and
damage caused by or arising out of the use of the easement by GRANTEE, its employees,
contractors and agents, hereunder, and including, without limitation, attorneys fees and
costs that might be incurred by GRANTOR in defending any such claims.
Nothing herein contained shall be deemed to be a grant or dedication of any portion of
the permanent access easement to the general public. This easement shall be strictly
limited to and for the purposes herein expressed.
IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their
signatures the day and year first herein above written.
Sewer Main Easement Rev. 7-28-16
GRANTO ; BRI TON INVESTMENTS LLC
By;
DaviW, Turnbull, anagmg Member
I ado i r1`I . ��i �'1YP� �, ,S-f�-moo, t�as�,�� 8�►13
Address
STATE OF IDAHO )
ss,
County of Ada )
On this '�w day o£ LOyMVGK , 201, before me, the undersigned, a Notary
Public in and for said State, personally appeared David W, Turnbull, 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 limited liability company executed the same,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year f lat- havcwitm
NANCY THRONGAR®
NOTARY PUBLIC V�
(SEA-�� OF UAHd NOTARY P LIC FOR AHO
Residing at; � l
Commission Expires; 1'5-- 1,9
GRANTEE; CITY OF MERIDIAN
Tammy
C. JYy Coles, City Clerk
W
�F�r£k o f I h e T 4 E ASUQti
Approved By City Council On; _ W W )0116
Sewer Main Easement Rev, 7-28-16
STATE OF IDAHO )
ss
County of Ada
On this 6 day of -""1' )ZA221 yi , 20 -ko, before me, the undersigned, a Notary
Public in and for said State, personally appeared Tammy de W eerd 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,
"C�'/Vo�
(SEAL) NOTARY PUBLIC FOR IDAHO
4"81 Residing at; `���(,.(
Slily'•, Commission Expires; e
'04 v
0
Sewer Main Easement Rev. 7-28-16
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J-U•B ENGINEERS, INC.
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EXHIBI1
Sanitary Sewer Easement
Brighton
Boundary Description
Project Number 10-15-116 October 27, 2016
An easement situated in the southeast quarter of the northwest quarter and the northeast quarter of
the northwest quarter of Section 31, Township 3 North, Range 1 East, Boise Meridian, Ada County,
Idaho, and being more particularly described as follows:
Commencing at the west quarter -section corner of Section 31, Township 3 North, Range 1 East, Boise
Meridian;
Thence N89°57'17"E, 1188.51 feet along the south line of the northwest quarter to the center -west
sixteenth -section corner and the southwest corner of Parcel 1- Murgoltio 18 of General Warranty Deed
Instrument Number 2014-099401, records of Ada County, Idaho;
Thence N00°31'01"E, 1162.66 feet along the west line of the southeast quarter of the northwest quarter
and Parcel 1 to the POINT OF BEGINNING:
Thence continuing N00°31'01"E, 25.00 feet along the west line of the southeast quarter of the
northwest quarter;
Thence N89°36'48"E, 281.92 feet;
Thence N34°07'06"E, 39.53 feet;
Thence N53°26'07"W, 165.19 feet;
Thence N39°51'13"W, 107.57 feet,
Thence N17°32'30"W, 140.00 feet;
Thence N36°35'15"W, 33.52 feet to the north line of Parcel 1;
Thence N82°35'39"E, 46.67 feet along the north line of Parcel 1;
Thence S17032'30"E, 110,00 feet;
Thence S72027'30"W, 10.00 feet;
Thence S17°32'30"E, 48.54 feet; .
Thence S39°51'13"E, 99,66 feet; 7
Thence S53°26'07"E, 186.16 feet; a 13
4
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Page 1 of 2 �'��� S �y
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Sewer Main Easement Rev. 7-28-16
1 -U -B COMPANIES I pROUp�H I-APPINO
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Brighton continued..,
Thence S34°07'06"W, 76.63 feet;
Thence S89°36'48"W, 295.47 feet to the POINT OF BEGINNING.
The above-described easement contains 0.48 acres, more or less.
Prepared from information of record.
Page 2 of 2
'11334
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Sewer Main Easement Rev. 7-28-16
Exhibit A1.2
Point of Beginning N0,2 ,39"E 518.76'
•35
Temporary Construction Easement 3413,80 Temporary Construction
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SCALEINFEET
Point of Beginning
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Point of Beginning
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Point of Beginning
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City of Meridian, Ada County, Idaho
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Sewer Main Easement Rev. 7-28-16
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EXHIBITA-1.3
Access Easement
Brighton
Boundary Description
Project Number 10-15-116 October 27, 2016
An easement situated in the northeast quarter of the northwest quarter of Section 31, Township 3
North, Range 1 East, Boise Meridian, Ada County, Idaho, and being more particularly described as
follows;
Commencing at the west quarter-sectlon corner of Section 31, Township 3 North, Range 1 East, Boise
Meridian;
Thence N89°57'17"E, 1188.51 feet along the south line of the northwest quarter to the center -west
sixteenth -section corner and the southwest corner of Parcel 1- Murgoitio 18 of General Warranty Deed
Instrument Number 2014-099401, records of Ada County, Idaho;
Thence N0o°31'01"E, 1326.89 feet along the west line of the southeast quarter of the northwest quarter
and Parcel 1 to the northwest sixteenth -section corner;
Thence N00020'39"E, 196.58 feet along the west line of the northeast quarter of the northwest quarter
and the boundary of Parcel 1 to the POINT OF BEGINNING;
Thence continuing N00°20'39"E, 35.32 feet along the west line of the northeast quarter of the
northwest quarter and the boundary of Parcel 1;
Thence N82°3539"E, 37.97 feet along the north boundary of Parcel 1;
Thence S36°35'15"E, 33,52 feet,
Thence S17°32'30"E, 5.82 feet;
Thence S82°3539"W, 60.10 feet parallel with and 35.00 feet from the north boundary of Parcel
1 to the POINT OF BEGINNING,
The above-described easement contains 0.04 acres, more or less.
Prepared from Information of record.
Page 1 of 1
a 250 S. Beechwood Avenue, Suite 201, Boise, ID 83709 p 208376-7330 /' 208-323-9336 IP wwwJub.com
Sewer Main Easement Rev. 7-28-16
0 Is 30
SCALE IN FEET
36
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31
Exhibit A-1.4
Point of Beginning
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37.97'
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Mcu; Easement
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FThlAW O/HEAPfiOIEOt„ITFAUT RFE%Pi�35„P.ITIEN qE@4igY:IK
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NW 1t4 of Section 31, T,3N., R.1 E„
City of Meridian, Ada County, Idaho
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Sewer Main Easement Rev. 7-28-16