Loading...
Howry Lane #3 Sewer EasementADA COUNTY RECORDER Christopher D. Rich 2018-064548 BOISE IDAHO Pgs=6 LISA BATT 07/11/2018 03:54 PM CITY OF MERIDIAN, IDAHO NO FEE Prosect Name (Stjbtlivision): Howry Lane Sub. No 3 Sanitary SewerEnsernent Number: Identify this Easement by sequential number it'Project contains more than one sanitary sewer casement. ( See Instructions for additional information). THIS Easement Agreement, made this 10 day oft, 2018, between SRS AZ Investors, LLC, an Arizona limited liability company ("Grantor"), and he City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor 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 through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right- of-way for an casement for the operation and maintenance of sanitary sewer over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The casement hereby granted is for the purpose of construction and operation of sanitary sewer 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 after making repairs or performing other maintenance, Grantee shall restore the area of the casement and adjacent property to that existent prior to undertaking such repairs and maintenance. 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 casement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this casement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any pall of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, SANITARY SEWER EASEMENT - I 4morg Lone 5Loo N30 3 GRANTOR: SRS AZ Investors, LLC, an Arizona limited liability company By: 4222 LLC, an Arizona limited liability company Its: Manager By: M3 ID Howry Lane, LLC, an Arizona limited liability company Its: Attorney -in -Fact By: M3 Builders, L.L.C., an Arizona limited liability company Its: Manager By: M3 Companies, L.L.C., an Arizona limited liability company Its: Member By: Willi AnA. browntee Its: Manager STATE OF IDAHO ) )ss. County of Ada On this I 1 44% day of 2018, before me, the undersigned, a Notary Public in and for said State, personally appeared William I. Brownlee, the Manager of M3 Companies, L.L.C., an Arizona limited liability company, a Member of M3 Builders, L.L.C., an Arizona limited liability company, the Manager of M3 ID Howry Lane, LLC, an Arizona limited liability company, the Attorney -in -Fact of 4222 LLC, an Arizona limited liability company, the Manager of SRS AZ Investors, LLC, an Arizona limited liability company, the limited liability company that executed the instrument, or the person who executed the instrument on behalf of said limited liability company, 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 in this certificate first above written. SANITARY SEWER EASEMENT - 3 )tarn PuWabr Idaho Residing at AA"t A!" My commission expires: 6 Meridian City Council Meeting Agenda July 10, 2018 — Page 202 of 522 GRANTEE: CITY OF MERIDIAN Clerk STATE OF IDAHO ) )ss. County of Ada SEAL On this I &' day of _, 2018, before me, the undersigned, a Notary Public in and for said: State, personally appeked Tammy de Weerd, known or identified to me to be the Mayor of the City of Meridian, the Idaho municipal corporation that executed the within and foregoing instrument, or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same on behalf of such corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above w - rjUpn, STATE OF IDAHO ) County of Ada �Jmh�uo Notary Public Idaho Residing at -AMqj6tk6-:A0 J&6 My commission expires- 3- -a? On this day of C UtU2018, before me, the undersigned, a Notary Public in and for said State, personally appeared C.Jay Coles, known or identified to me to be the City Clerk of the City of Meridian, the Idaho municipal corporation that executed the within and foregoing instrument, or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same on behalf of such corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seat the day and year in this certificate first above written. SANITARY SEWER EASEMENT' - 4 " Looe 'Ub M6"3 DMAVAQ IJ6 Notary Public for Idaho Residing at-Iffla l&I dAAJ4-b My commission expires: 3-0.8 i-- )69,), LIMITED POWER OF ATTORNEY The undersigned hereby constitutes and appoints M3 ID Howry Lane, LLC as the undersigned's true and lawful attorney-in-fact and agent with full power and authority in the undersigned's name, place and stead to execute all Ada County Highway District and City of Meridian, easements, license agreements and additional documentation as required by each governmental entity for the processing of entitlements with respect to that certain land parcels known as Howry Lane Subdivision #2 and Howry Lane Subdivision #3, located in the City of Meridian in Ada County, Idaho. DATED to be effective February 14, 2017. SRS AZ Investors, L.L.C. an Arizona limited liability company By: 4222, L.L.C. an Arizona limited liability company Its: Manager By. W. Scott Schirmer Its: Manager STATE OF ARIZONA )SS. County of Maricopa V�P, Onthis / / day of February, 2018, before me, the undersigned, allotary Public in and for the State of Arizona, County of Maricopa, personally appeared W. Scott Schirmer, as Manager of 4222, L.L.C., an Arizona limited liability company, Manager of SRS= AZ Investors, LLC an Arizona limited liability company, proved to me to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same. WITNESS my hand and official seal. Meridian City Council Meeting',Agenda July 10, 2018 — Page 206 of 522 �LL J.U.B J -u-0 Emal"trItst INC. EXHIBIT W J -U-8 COMPANIES Howry Lane Subdivision No. 3 Sewer Easement Boundary Description Project Number 10-17-038' May 2, 2018 THE "NOaGROWD.ON 001"1 *Y VA!, t't" An easement situated In the southwest quarter of the northeast quarter of Section 33, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at the north quarter -section comer of Section 33, Township 3 North, Range I East, Boise M erldian, which bears N89*14'44"W, 2660.45 feet from the northeast section corner of Section 33; Thence SO0'19'12"W, 1329.10 feet along the west lire of the northwest quarter of the northeast quarter to the northwest corner of the southwest quarter of the northeast quarter; Thence S38'04'52"F, 1612.04 feet along a random line to the POINT OF BEGINNING: Thence S75*40'56"E, 152.24 feet; Thence, S14*19'04"W, 3,0.00 feet; Thence N75'40'56"W, 148,58 feet; Thence 30.67 feet on a non -tangent curve to the left, concave westerly, having a radius of 52,00 feet, a central angle of 33*47'19", a chord bearing of N07'21'03"E, and a chord length of 30.22 feet to the POINT OF BEGINNING. The above-described easement contains 0,10 acres, more or less. Meridian City Council Meeting Agenda July 10, 2018 — Page 204 of 522 N-1/4 EXHIBIT'81 N8q'14'44'V 2660.45' 28 27 34 Curve Table No. Length Radius Delta Chd Bearing Chd Len C1 30.67' 52,00' 33'47*19" N07*2 1'03"E 30,22' SHEET J -U -S ENGINEERS, "IC, Section 33,1 3N., R, 1 E, B.M. n City Council MeetingAgenda July 10, 2018 — Page 205 of 522