Loading...
Brighton Investments, LLC - Temporary Construction EasementADA COUNTY RECORDER Christopher D. Rich 2016-119312 BOISE IDAHO Pgs=9 DAWN TRIVOLIS 12/09/2016 08:39 AM CITY OF MERIDIAN, IDAHO NO FEE Re -Recording Temporary Construction Easement to Fix Notary Statement ADA COUNTY RECORDER Christopher D. Rich BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 12/08/2016 01:21 PM CITY OF MERIDIAN, IDAHO NO FEE IBM ME CONSTRUCTION EASEMENT THIS INDENTURE, made this & day of L-)VX2016 between Brighton Investments LLC, an Idaho limited liability company, the panties 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 temporary construction easement 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 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 a temporary easement over and across the following described. property: MATTACHED LEGAL EXHIBITSA,2.1 andA 2.2. The temporaryconstruction casement hereby granted is for the purpose of construction of a sewer line and access road and related incidental work and storage of materials related to the construction process, TO HAVE AND TO HOLD, the said easement and right -o:- way unto the said GRANTEE, its successors and assigns shall be temporary, The termination of this easement shall expire 30 days after the installation and final acceptance of said sewer line and related appurtenances by the GRANTEE, IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after installing and accepting said sewer line and access road and related appurtenances, GRANTEE shall restore the area of the easement and adj acent property to that existent prior to undertaking such construction, however, GRANTEE shall not be responsible for :repairing, replacing on restoring anything placed within the area described in this easement that was placed there in violation of this casement, 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 Temporary Construction Easement . Rev.4.4.16 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 from 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 temporary construction 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. GRANTO : BRIGHT -ON INVESTMENTS LLC By; David Turnbull, Managing Member � f1 Ill EXIP/lAll 'r f W17 AN/ 1J) S-�713 Address STATE OF IDAHO ) ss. County of Ada ) r� On this day of �J 0 V ayt t" , 20 L, 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 first above written, NANCY THRONGARD �FiY PUBLIC" STATE OF IDAHO 0 "6q J -(ft kyG,7-(0 NOTARY P -0 -LIC FOR ID O Residing at: Commission Expires: Temporary Construction Easement Rev.4-4-16 CITY OF MBRIDIAN Tammy do Attest.C, JayVoles, Ct Clary Approved By City Council On; �c (p STATE OF II7A0 ) ss County of Ada ) On this (o day of. /Q , 2 �, before ane, the undomig od, a Notary Public in and for said State, personal l eared Tammy do Weerd and Jaycee L. Holman, lmown to me to he the Mayor and 'ty Clerk) respectively, of the City of Meridian, Idaho, and who executed the with' ins umont, and aokn.owledged to mo that the City of Meridian oxeouted the same, IN WITNESS WHEREOF, I have her nto sot my hand d aflxed my offloial seal the day and year first above written, (SEAL) NOTARY PUBLIC FOR IDARN Residing at. 4 Commission 16 '- w IN Tompoxaly COASt Mctlon Enscment Rov,4-4.16 GRANTER: CITY OF MERIDIAN Tammy de 40$,jpD AUGugTl 6 xl d city Y Attest 1&.C, Jaykdoles, Catty Clerk Approved By City Council On; W6 STATE OF IDAHO ) ss County of Ada ) On this ,_e_, day of /,D w.a , , 2,0, 16_, before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and4ayeeo-L, --M-olmanr lmowrr to me to be the Mayon and City Clerk, respectively, of the City of Moridian, Idaho, and who executed the Within instrument, and acknowledged to me that the City of Meridian executed the same, IN WMESS WHEREOF, I have hereunto sot my hand and affixed my official seal the day and year first above written, Jl 5 /J D (SEAT) WJARY PUBLIC FOR IDAHO FSP Residing at; —�f>" Commission xpires;d'��Aa� Tempmaq Construction Basement Rov,A»4-16 CJUB ', J,U-0 ENGINEERS, INC. 1-U-8 COMPANIES t7NiN000H 1 ►OtApPIRO O"OUp � 11110. EXHIBIT A2.1 Temporary Construction Easement Brighton Boundary Description Project Number 10-15-116 October 27, 2016 Three easements 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: Easement 1 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- Murgoitio 18 of General Warranty Deed Instrument Number 2014-099401, records of Ada County, Idaho; Thence N00°31'01"E, 1087,65 feet along the west line of the southeast quarter of the northwest quarter and Parcel I to the POINT OF BEGINNING: Thence continuing NOO'31'01"E, 75.01 feet along the west line of the southeast quarter of the northwest quarter and the boundary of Parcel 1; Thence N89°36'48"E, 295,47 feet; Thence N34°07'06"E, 76.63 feet; Thence S53°26'07"E, 75.07 feet, Thence S34°07'06"W,112.88 feet; Thence 589°36'48"W, 336,11 feet to the POINT OF BEGINNING. The above-described easement contains 0,71 acres, more or less, Easement 2 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 // G f ` 1- Murgoitlo 18 of General Warranty Deed Instrument Number 2014-099401, / o records of Ada County, Idaho; 1 Page 1 of 3 a 250 5 Beechwood Avenue, Sulte 201, Boise, ID 83709 p 208-376-7330 % 208-323-9336 IP W W W JUb.com Temporary Construction Easement Rev.4-4-16 �JM�rB J U-e COMPANIES,� 1TAHNonaH nHHj1W OROUP INa J-U-B ENGIN99RS, INC. Brighton continued... Thence NOO°31'01"E,1187.66 feet aiongthe west line of the southeast quarter of the northwest quarter and the boundary of Parcel 1 to the POINT OF BEGINNING: Thence continuing NOD°31'01"E, 139,23 feet along the west line of the southeast quarter of the northwest quarter and the boundary of Parcel 1 to the northwest sixteenth-section corner; Thence N00020139"E, 231.90 feet along the west line of the northeast quarter of the northwest quarter and the boundary of Parcel 1; Thence N82°35'39"E, 37,97 feet along the boundary of Parcel 1; Thence S36°35'15"E, 33,52 feet; Thence S1.7°32'30"E,140.00 feet; Thence S39°51'13"E, 107.57 feet; Thence S53°26'07"E, 1.65.19 feet; Thence S34°07'06"W, 39,53 feet; Thence S89°36'48"W, 281.92 feet to the POINT OF BEGINNING. The above-described easement contains 1,29 acres, more or less, Easement 3 Commencing at the west quarter -section corner of Section 31, Township 3 North, Range 1 East, Boise Meridian; Thence N89057'17"E, 11.88,51 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 N0003101"E, 1326.89 feet along the west line of the southeast quarter of the northwest quarter and the boundary of Parcel 1 to the northwest sixteenth -section corner; Thence N00"20'39"E, 231,90 feet along the west line of the northeast quarter of the northwest quarter and the boundary of Parcel 1; Thence N82°35'39"E, 84.64 feet along the boundary of Parcel 1 to the POINT OF BEGINNING: Thence continuing N82°35'39"E, 20,32 feet along the boundary of Parcell; Thence S17°32'30"E, 1.06.42 feet; Page 2 of 3 s� �a a7 Id�Q 9r£ OF �pP < n 250 S, Beechwood Avenue, Suite 201, Boise, ID 83709 p 208-376-7330 _f 208-323-9336 w www,lub.com Temporary Construction Easement Rev.4-4-16 ('SUB )k J•U•B ENOMER5, INC. Brighton continued... Thence 572027'30"W, 20.00 feet, J -U -B COMPANIES M I O M 0 H M (g�PI,Ntl Thence N17032'30"W, 110.00 feet to the POINT OF BEGINNING, The above-described easement contains 0.05 acres, more or less. Prepared from information of record. s������ Page 3 of 3 ��� S 0` a 250 S Beechwood Avenue, Suite 201, Boise, ID 83709 p 208-376-7380 % 208-323-9336 vs www.iub,com Exhibit A2.2 Point of Beginning Temporary Construction Easement 3 60 �O WALE IN FEET Point of Beginning Temporary Construction Easement 2 Point of Beginning Sanitary Sevier Easement Point of Beginning Temporary Construction Easement 1 E 1/4- 36 /436 31 137,9 N36'35' 15"W 33,52' N89'57'1 7"E a r 6235'39"E 516,76, 20,32' 418,$0 Temporary Construction 46,67 817'32'30"E Easement 3 106, 42' S17'32'30"E ° 110,00' 'la S72'27'30"W \N•` 20,00' S72'27'30'W S,QO 10,00' 417'32'30"E Sanitary Sevier Easement ,'djj\ \ S k s�. Ternporary Construction Easement 2 79 ty N34'07'06"E ss3 39,53' N89'36'48"E 2892' S89'36'48"W 295.47' PyE lye S34'07'06" W �^ �`b r/" 76,63 ~ T 489'36'48'W 336,11' rnro Temporary Construction io w Easement 1 to O , r 1188,51' C --W 1/16 JOR ENGINEERS, INC, Meridian Black Cat Trunk City of Meridian NW 114 of Soolion 31, UN., R.i R., City of Merldlan, Ada County, Idaho SHEET 1 of 1 Temporary Construction Easement Rev,4-4-16