Redtail Communities Sanitary Sewer Easement and Contract for an Easement - Black Cat Trunk at Meridian and VictoryADA COUNTY RECORDER Christopher D. Rich 2017-012619
BOISE IDAHO Pgs=9 LISA BATT 02/10/2017 10:03 AM
CITY OF MERIDIAN, IDAHO NO FEE
SAW,A,RY, SE'4 bR. EASEMENT
T141S INDENTURE, made this z day of re6 rt)64., 201.'1 between Red Tail Communities,
LLC; hereinafter called the GRANTORS; and the City of Meridian, Ada. County, Idaho,
hereinafter Called the GRANTEE;
WITNESSETH:
WHEREAS, the GRANTEE desires 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 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 tin!e to time, by the GRANTEE;
NOW., TIVREFOR13, in consideration of the beueftts to be received by the GRANTOi{.$,
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 aeras the following
described property:
(LEGAL -EX XI. ITS. -13 and:A-1.2,)
The easement hereby granted is for the purpose of construction and operation of a severer
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 I7 AVE. 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,
and as material consideration to the GRANTOR hereunder, that after constructing the
sewer main or making repairs, performing maintenance, replacements or subsequent
connections. ("Work") to the sanitary sewer line, GRANTEE shall without cost to the
GRANTOR restore the area of the easement and adjacent property and any improvements
thereon to that existent prior to such Work. However, GRANTEE shall not be responsible
for repairing, replacing or restoring anything placed within the area described in this
easement and adj acent property that was placed there in violation of this easement. Except
in the case of emergency necessitating immediate access, GRANTEE shall. notify
GRANTOR in writing at least ten (10) days prior to arty access which will require removal
of any improvements, which GRANTEE believes, are in violation of this easement.
Sewer Main Easement Rev. 1-2& 17
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 other than
landscaping such as shrubs, flowers, and the existing sound wall. .
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.
This permanent access is identified and described as the permanent access easement. If the
GRANTORS utilization of the lands change, the GRANTOR hereby reserves the right to
relocate the Easement upon the GRANTOR's property upon thirty days' prior written
notice to GRANTEE. The parties then agree to execute, deliver and record an amendment
to this document to evidence any such relocation.
The GRANTORS recognize the GRANTEE's need for occasional and emergency
maintenance activities to the sewer and associated allied facilities. In the event stored items
encumber the GRANTEES access to the sanitary sewer and sewer manholes the
GRANTOR shall promptly move said items to allow full utilization to the GRANTEE' S
of the permanent easement.
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.
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.] -26-17
GRANTOR:
RED TAIL COMMUNITIES; LLC; a Delaware limited liability company
Je f Moore, Managing Partner
Address: 3940 South Bonito Way, Meridian Idaho 83642
STATE OF IDAHO )
: ss.
County of Ada )
On this d day of IWMW , 2017, before me, the undersigned, a Notary
Public in and for said State, personall appeared Jeff Moore, known or identified to me to
be the Managing Partner of the limited liability company that executed the within
instrument, and acknowledged to me that such company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first abR 1W1ft%,..
ldz�U Y'
(SEAL) NoTARy �MTARY PUBLIC FOR IDAHO
• residing at: P,�) t V o1 cQ 6 kh
PUBLIC ��ZCommission Expires:
GRANTEE: CITY OF MERI'LrI'i�'RiKi 0""
Approved By City Council On: d/-,17
Server Main Easement Rev, 1-26-17
STATE OF IDAHO, )
: ss
County of Ada )
On this day f oFeb, U�
-�" _, _ Y., 24 ,before me, the undersigned, a Notary
Public in and for said State, personally, appeared Tammy de Weerd and C.J. Coles, 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.
Aka ahLI Le 07 -
NOTARY PUS C FOR IDw�4Q
Residing at: If
Commission Expires:
Server Main Easement RevA-26-17
•�•
Aka ahLI Le 07 -
NOTARY PUS C FOR IDw�4Q
Residing at: If
Commission Expires:
Server Main Easement RevA-26-17
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J•U•13 ENGINEERS, INC.
3-U-3 CONTPA MES � . LAPEI ! MAPPPl1400
TRDUP 0 131Nc.
EXHIBIT A-1' 1
Sanitary Sewer Easement
Red Wing
Boundary Description
Project Number 10-15-116 December 14, 2016
An easement in Lot 1 of Block 1 of Red Wing Subdivision (Book 105 of Plats at Pages 14405 through
14409, records of Ada County, Idaho) situated in the northwest quarter of Section 30, Township 3 North,
Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, and being more particularly
described as follows:
Commencing at the northwest corner of Section 30, Township 3 North, Range 1 East, Boise Meridian;
Thence 553'33'59"E, 129.79 feet along a random line to an angle point between Lots 1 & 2 of Block 1 of
Red Wing Subdivision, the POINT OF BEGINNING:
Thence S00"25'49"W, 20.00 feet along boundary between Lots 1 & 2;
Thence N89"34'11"W, 15.00 feet to east boundary of the existing sewer easement, Instrument
No.113074697, records of Ada County, Idaho;
Thence N0o°25'49"E, 27.42 feet along the existing sewer easement, Instrument No. 113074697
to the existing sewer easement, Instrument No. 107154127, records of Ada County, Idaho;
Thence S89°59'56"E, 32.86 feet along the existing sewer easement, Instrument No. 107154127
to the boundary between Lots 1 & 2;
Thence S67°11'27"W, 19.44 feet along the boundary between Lots 1 & 2 to the POINT OF
BEGINNING.
The above-described easement contains 479 square feet, more or less.
Prepared from information of record.
Page 1 of 1
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Sewer Main Easement Rev. 1-26-17
Exhibit A-1.2
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Meridian Black Cat Trunk SHEET
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City of Meridian
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cMEcx O^ The NW 114 of Section 30, T3N., R.1 E., B.M.. 1 of 1
FU•6 ENGikFERS, INC,
City of Meridian, Ada County, Idaho
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Sewer Main Easement Rev. 1-26-17
City of Meridian
33 East Idaho Street, Meridian, ID 83642
CONTRACT FOR AN EASEMENT
project# and Description: 10-15-116, City of Meridian, Black Cat Trunk Sewer
Parcel 4 and Owner: R7366930020, at 121 E. Victory Road, Red Tail Communities LLC.
THIS EASEMENT CONTRACT, made this 7 day of February 2017 between the City of Meridian, acting by
its Mayor and Council, herein called "CITY" and Red Tail Communities LLC, herein called "GRANTORS".
WHEREAS, subject to the terms outlined below, GRANTORS agrees to deliver to the CITY a Permanent Sanitary
Sewer Easement attached hereto and incorporated herein
NOW THEREFORE, the parties hereto agree as follows:
1. CITY CONSIDERATION:
CITY agrees to the following in consideration for the GRANTORS agreement to provide the easements requested
herein.
A. The CITY agrees to restore the Easement Area to conditions preexistent to construction and relocate and
replant existing trees.
B. As part of this Project, City intends to perform work in the existing easement, Instrument Number
113074697. As part of the restoration work in easement 113074697, CITY will relocate and or replace
existing trees to a location nearest the existing sound wall. If existing trees are replaced by the CITY, the
replacement trees will be of similar species and caliper.
C. As part of this Project, City intends to perform work in the existing easements, Instrument Numbers
107154127 and 110 117886. As part of the work in said easements, CITY intends to install a permanent
easement access to the existing manhole using permeable pavers or landscaping grid. Affected landscaping
will be modified to accommodate the proposed improvements as shown on Exhibit 1 attached hereto. The
restoration of the landscaping beds will be in general intent with the existing plantings and the original
landscaping plan.
2. GRANTORS CONSIDERATION: The GRANTOR shall execute the Easement Agreement attached hereto.
3. GENERAL CONDITIONS:
A. This Contract shall not be binding unless and until executed by the Mayor and/or their authorized
representatives. The parties have herein set out the whole of their agreement, the performance of which
constitutes the entire consideration for the granting of said easement.
B, The parties whose names appear below as Grantors, covenant and warrant that they are the OWNERS of
the property to which this document applies, are fully authorized to execute this document and forever bind
themselves, their successors and assigns and the subject property to the terms set forth herein.
2/2/17 Page 1 of 3
CITY OF MERIDIAN
By
Tammy de eer , Mayor
Date: a/ 7 ;�2 1'7
ATTEST:
— /A�� -,�—
City 61erlc
Date approved by Council:
Of
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GRANTORS
B
Jeff W. Moore, Manager
Date: ?- _ Z - 0 ( 7
2/2/1,7 Page 2 of 3
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