Sanitary Sewer Easement with ABC2, LLC, Washington Trust Bank, Meridian Idaho Land Company, LLC, EP Crossings, LLC for Reagan Subdivision
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AD~COUNTY RECOROER J. DAVID NAVARRO AMOUNT .00 7
BOI E IDAHO 01119/05 04:17 PM
DE UTY BonnleOberbilli9 1111111111111111111111111111111111111 R E eEl V E 0
RECORDED-REQUEST OF
Meridian Clly105007251 j DEC 2 0 200,;
~SANITARY SEWER EASEMENT ~~~~~~~IN
THIS INDENTURE, made this 29 day of November, 2004 between ABC2, L.L.C.;
Washington Trust Bank; Meridian Idaho Land Company, L.L.C.; EP Crossings, L.L.C.;
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 right-of-way across
the premises and property hereinafter particularly bounded and described; and
WHEREAS, the sanitary sewer is to be provided for through an underground
pipeline to be constructed by others; and
WHEREAS, it will be necessary to maintain and service 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 easement for the
operation and maintenance of a sewer line over and across the following
described property:
(SEE ATTACHED EXHIBIT A and B)
The easement hereby granted is for the purpose of construction and operation of a
sanitary sewer line and their allied facilities, together with their maintenance,
repair and replacement 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 the Grantee, in making future repairs, will expediently replace and
restore the premises to a condition comparable to that existent prior to
undertaking such repairs and replacement. However, the Grantee will not be
responsible for repairing, replacing, or restoring any permanent structures, large
trees or brush placed within the area described in this easement.
THE GRANTORS hereby covenant and agree that they will not place or allow to
be placed any permanent structures, large trees or brush within the area described
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for this easement, which would interfere with the use of said easement, for the
purposes stated herein.
THE GRANTORS do hereby covenant with the Grantee that they are lawfully
seized and possessed of the aforementioned and described tract ofland, 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.
Washington Trust Bank
EP Crossings, LLC
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Keith Erhart
Assistant VP/Manager
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Michael N. Fe
Manager
Meridian Idaho Land Company, L.L.C.
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C vin C. Chandler
Manager
ABC2, LLC
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Michael N~
Manager
County of Ada
STATE OF IDAHO)
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On this cf.NL day of Dtetnt/;tr, 2r1!!i. , before me, the undersigned,
a Notary Public in and for said State, personally appeared MICilflEL ¡..f Pel!.Y
and , known or identified to me to be the President arid
Secretary, respectively, of the corporation that executed the within instrument,
and acknowledged to me that such corporation executed the same.
Residing ~. &.ÆÂr
Commission Expires: q/'7/IO
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SENT BY: ROCKV MOUNTAIN MANAGEMENT;
208345 7210;
DEC-14-M 11:41;
PAGE 2/2
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STATE OF Wfr5 thNcj,.ÍÌ'N )
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County of r '~/L-< . )
On ibis /0 -tz., day of ~qMtfu . 20g! . before me, the undersigned,
II Notary Public in and for said State, pe1'SOnøIly appeared Ú (VI';' ~. {"'~ n:lfLoI
and . . . known or identified to me 10 be the Ps t.~id....t ~ ~...r
Secret~ respectively, of the corporation that executed the within instrument, - r-
and acknowledged to me that. such corporation _uted the !IIIIJ1e.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my offi..'¡w
seal the day a.nd year first above written, ~ 6i?c
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STATE O~ )
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County of ~ )
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On this ó2. I oS + day of Au~.A- , 20-d, before me, the undersigned, ",wr R-
a Notary Public in and for said State, personally appeared k'$/TH .GÆI! f'lR.r 1I""'1~~r" Cv"-
and , known or identified to me to be the Prosideat ant! '
MA-~~, 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. ~ ~ ~
NOTARY PUBLIC FOR IÐAHe
UJtfs}/-ING-TON
Residing "-Ý ~, a/ fr
Commission Extires: '1 - /:3 - 05
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CITY OF MERIDIAN
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STATE OF IDAHO,
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County of Ada, )
On this 1ctay of r ,20r!i: before me, the undersigned, a
Notary Public in and for the State of Idaho, ersonally appeared Tammy de Weerd and William
G. Berg, Jr., known to me to be the Mayor and City Clerk of the City of Meridian, Idaho and who
subscribed their names to 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,
SEAL
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EXHIBIT A - SANITARY SEWER EASEMENT - REAGAN SUBDIVISION
A 20 foot wide sanitary sewer easement located in the Southwest 1/4 of the Northwest
1/4 of Section 9, Township 3 North, Range I East, Boise Meridian, Ada County, Idaho.
Said easement is more particularly described as follows:
Commencing at the southeast comer of Presidential Subdivision, recorded in Book 84 of
Plats at pages 9401-9402, Records of Ada County, Idaho thence, along the North Ríght-
Of-Way of East Pine Avenue North 89°20'42" West 270.21 feet to the POINT OF
BEGINNING thence,
Continuing along said north right-of way North 89°20'42" West 20.00 feet; thence,
departing from said north right-of-way
North 01°08'42" East 83.79 feet; thence,
North 09°40'29" West 99.84 feet; thence,
North 00°53'14" West 307.90 feet; thence,
North 90°00'00" East 20.00 feet; thence,
South 00°53' 14"East 306.05 feet; thence,
South 09°40'29" East 100.20 feet; thence,
South 01 °08'42" West 85.51 feet to the POINT OF BEGINNING.
Said easement contains approximately 9,832 square feet, more or less, and is subject to
all existing easements of record or use.
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1 I SANITARY SEWER 1
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1 I v EXTERIOR BOUNDARY ""I
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. ~I ßJr POl~T '" BEOINNING f1 . f1 " L
0.0~ N89"20'42"W p~'
N89'20' 42"W f. PINE A VENÜE- 270.21' - - - - .
REAGAN SUBDIVISION
SANITARY SEWER
EASEMENT
SCALE: 1"=50'
EXHIBIT B