Tree Farm Subdivision No. 3 Sewer Easement #1ADA COUNTY RECORDER Christopher D. Rich 2018-066908
BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 07/18/2018 01:22 PM
CITY OF MERIDIAN, IDAHO NO FEE
Proiect Name (Subdivision):
Tree Farm Subdivision #3
Sanitary Sewer Easement Number:
Identify this Easement by sequential number if Project
contains more than one sanitary sewer easement.
(See Instructions for additional information).
THIS Easement Agreement, made this M day of LL.� , 201 U between Fairmont Tempe, LLC
("Grantor"), and the 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 easement for the operation and maintenance of sanitary sewer
over and across the following described property:
(SEE ATTACHED EXHIBITS A and B)
The easement hereby granted is for the purpose of construction and operation of sanitary
sewer 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
easement 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 easement.
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 easement, which would interfere with the use of said easement, for the purposes stated
herein.
Sanitary Sewer Easement REV. 03/26/18
THE GRANTOR covenants 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, 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 GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and
possessed of the aforementioned and described tract of land, and that Grantor has a good and
lawful right to convey said easement, and that Grantor will warrant and forever defend the title
and quiet possession thereof against the lawful claims of all persons whomsoever.
THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors,
assigns, heirs, personal representatives, purchasers, or transferees of any kind.
IN WITHNESS WHEREOF, the said parties of the first part have hereunto subscribed their
signatures the day and year first herein above written.
GRANTOR:
Fairmont Tempe, LLC,
an Arizona limited liability company
By: M3 ID Eggers Treefarm, L.L.C.,
an Arizona limited liability company
Its: Attorney -in -Fact (Instrument No. 2018-010856 records of Ada County, Idaho)
By: M3 Builders, L.L.C,
an Arizona limited liability company,
Its: Manager
By: The M3 Companies, LLC,
an Arizona limited liability company
Its: Member
BY: / Willa fn I. Brownlee,
Its: Manager
Meridian City Council Meeting Agenda July 17,;2018 — Page 117 of 367
STATE OF I AaA-o
)ss
County of _ Ada"
On this day of --r- . , 20jaefore me, the undersigned, a
A&4r-
Notary Public in and for said State, personol appeared William I. Brownlee, known or
identified to me to be the Manager, of the Limited Liability Corporation (LLC) that executed the
-within instrument, and acknowledged to me that such LLC executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above wrjg—#W-zz%l-,.
I Anj>¢a V1 NOTARY P1
Residing at:_
Commission
Meridian City Council Meeting Agenda July 17,;2018 — Page 118 of 367
GRANTEE: CITY OF MERIDIAN
Mayor
SEAL
City Clerk
STATE OF IDAHO, )
: ss.
County of Ada
This record was acknowledged before me on`` -18 (date) by Tammy de Weerd and
C.Jay Coles on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,
respectively.
I �LO!Anj WO -47
Notary Signature VVr UAt��� 4AAJI�60
My Commission Pires:
Sanitary Sewer Easement REV. 03/26/18
Tree-
7, EXHIBIT "A"`
THE CJAPING J -U -B COMPANIE5 LANODON MAPPINGAY
71=7-0000' GROUP INC.
,J-U*B ENGINEERS, INC.
Tree Farm Subdivision No. 3
City of Meridian Sewer Easement I
Boundary Description
Project Number 10-17-117 June, 6, 20118
An easement situated in the southwest quarter of Section 22, Township, 4 North, Range 1 West, Boise
Meridian, City of Meridian, Ada County, Idaho, and being more particularly described as fallows,
Commencing at the southwest corner of Section 22, Township 4 North, Range 1 West, Boise Meridian,
which bears N89*17'18"W, 2647.24 from the southeast corner of the southwest quarter (south quarter -
section corner);
Thence N04,*3929"E, 2140.96 feet along random line to the POINT OF BEGINNING:
Thence N19*00'00"W, 14.37 feet, -
Thence NOO'30'42"E, 105.69 feet;
Thence S89'45'19"E, 30.00 feet;
Thence 500*30'42"W, 90.94 feet;
Thence S19*00'00"E, 13.18 feet.,
Thence 3432 feet on a non -tangent curve to the left, concave southeasterly, having a radius of
50.00 feet, a central angle of 39*20'00", a chord bearing of S62*06'22"W, and a chord length of
33,65 feet, to the POINT OF BEGINNING.
The above-described parcel contains 0,08 acres, more or less.
Pago 1 of I
a 250 S. Beechwood Avenue, Suite 201, Boise, ID 83709 1? 208-376-7330 f 208-323-9336 w wwwJub,corn
Meridian City Council Meeting',Agenda July 17, 2018 — Page 120 of 367
EXHIBIT "B"
,q,qQ*&r"1Q"F
21 22 N89 -17'18-W
28 27
Curve Table
Curve #
Length
Radius
Delta
Chord Bearing
Chord Length
ci
34-32'
50.00'
39'2VOG"
S62*06'22"W
33.65'
2647,24' A 22
- - - - - - ---V '---':--27
SHEET
R, 1 W., B.M. 1 of 1
Idaho. I
ct 1., 0,0767 Acres
n1,0000w 14.37'
n00.3042e 105.69'
s9.4519e 30
sQ0.3042w 90.94
s19.0000e 13.18
EXHIBIT "B«
Ctosure: n00,0000e 0,00 ft: (11174066), Perimeter=289 ft;.
City Council Meeting Agenda July 17, 2018 Page 122 of 367'
6/26/2018