Forty-Three North Sanitary Sewer and Water Main EasementADA COUNTY RECORDER Phil McGrane 2019-005927
BOISE IDAHO Pgs=5 LISA BATT 01/24/2019 09:08 AM
CITY OF MERIDIAN, IDAHO NO FEE
Proiect Name (Subdivision):
Forty Three North Subdivision
Sanitary Server & Water Main Easement:: Number:
1
Identify this Easement byscqucntiai number irproject contains
more than one casement of this type.
( See instnictions for additional infomtation).
SANITARY SEWER AND WATER MAIN EASEMENT
THiS Easement Agreement, trade this 51St' clay of - .m,)_z20 lam, between KGA Devlopmtynt, LLC
("Grantor"), and the City of Meridian, an Idaho Municipal Corporation ("Grantee")
WHEREAS, the Grantor desires to provide a sanitary server and coater main right-of-way
across the premises and properly hereinafter particularly bounded and described; and
WHEREAS, the sanitary sewer and water 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 and coater mains 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 and water mains 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 atter making repairs or performing other maintenance, Grantee shall restore the area
of tine 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
Sanitary Seger and Water Ntain Easement
REV. 03/26/2019
Meridian City Council Meeting Agenda January 22, 2019 — Page 90 of 594
purposes stated herein.
THE GRANTOR covenants and agrees with the Grantee that should any part of the right-
of-way and casement hereby granted shall become part of, or lie, within the boundaries of
any public street, then, to such extent, such right-of-way and casement 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 Granter 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 -casement, 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 WITNESS WHERE -OF, the said parties of the first part have hereunto subscribed their
signatures the day and year first herein above written,
GRANTOR:
STATE OF IDA140
ss
County of Ada
This record was acknowledged before me on VI -1\ (date) by
KELLY G ADAMS (name of individual), [complete the following if signing it, a
representative val)aefty, or sirtke tate follooing if signing in an individual alpociij)] on
behalf of KGA Development, LLC (name of entity on behalf of whom record was
executed), in the following representative capacity- Manager (type
of authority such as officer or trustee)
sAB PMAIXi V tt"H*!
COMMISSION #46693
NOTARY PUBLIC afar Signature
STATE OF IDAHO My Commission Expires: 'A
IMY COMMISSION EXPIRES W27/2024,
Sanitary Sevwr and Water Main Hasentent
Rr.v. 0/16/2019
Meridian City Council Meeting Agenda January 22, 2019 — Page 91 of 594
GRANTEE: CITY OF MERIDIAN
STATE OF IDAHO, )
:
Cbdnty of Ada
of
-- N<0.110
SEAL
This record was acknowledged before me on I - 22 '19 ..,- (date) by Tammy do Weerd
and C.Jay Coles on behalf of the City of Meridian, in their capacities as Mayor and City
Clerk, respectively.
(starnp)
Notary Signature
—nV a
My CommissionExpires2, lu-..
Sanitary Sewer and Water Main Easement REV. 03/26/2018
Exhibit A
DESCRIPTION FOR,
FORTY-THREE NORTH SUBDIVISION
WATER & SEWER EASEMENT
AN AREA OF LAND BEING PORTION OF THE EAST'lz OF THE NORTHWEST'/a OF SECTION 7 IN
TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, MERIDIAN CITY, ADA COUNTY, IDAHO,
MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING ATTHE BRASS CAP MARKING THE CENTER OF SAID SECTION 7 LYING N 89001,301, E
2394.96 FEET FROM A BRASS CAP MARKING THE WEST 1/4 CORNER OF SAID SECTION AND S
0°00'00" W 2694.30 FEET FROM THE BRASS CAP MARKING THE NORTH 1/4 CORNER OF SAID
SECTION, THENCE N 0°00'00" E 1294.00 FEET ALONG THE EAST LINE OF SAID NORTHWEST 1/4 OF
SECTION 7 TO A POINT; THENCE S 89°01'30" W 712.01 FEET TO A POINT BEING ON THE; EAST
BOUNDARY OF CITY OF MERIDIAN SEWER EASEMENT, INSTRUMENT NO, 7801829, ADA COUNTY
RECORDS; THENCE'N 0°00'00" E 62.64 FEET ALONG SAID EAST EASEMENT BOUNDARY TO A POINT
MARKING THE POINT OF BEGINNING
THENCE N.0'00'00"E. 30.00 FEET ALONG SAID EASEMENT;
THENCE LEAVING SAID EASEMENT'N.90°00'00"E 85.98 FEET
THENCE N.0°00'00"E. 232.16 FEET;
THENCE N.45°00'00"W 26.36 FEET;
THENCE N.0000'00"E. 25.14 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF EAST'
BADLEY AVENUE;
THENCE ALONG SAID RIGHT-OF-WAY S.88°58'53"E. 15.02 FEET;
THENCE LEAVING SAID RIGHT OF WAY N.89°56'11"E. 22.50 FEET;
THENCE S.0°00'00"W. 34.25 FEET,
THENCE S.45°00'00"E 15.73 FEET
THENCE S.0°00'00"W. 321.00 FEET;
THENCE S.89°01'30"W. 30.01 FEET,
THENCE N.0°00'00"E. 61.18 FEET,
THENCE S.0°00'00" W. 85.98 FEET TO THE POINT OF BEGINNING
BEARINGS HEREIN USED ARE BASED ON THE EAST LINE OF SAID NW X OF SECTION 7 BEARING
N 0°0'00" E.
BRIGGS ENGINEERING, INC;
DEAN W. BRIGGS, P.L.S. 3619'
160405 -Forty Three North Subd. December 7, 2018 Page I of I
Meridian City Council Meeting Agenda January 22, 2019 - Page 93 of 594
b
t
it
Exhibit B
N.
20' SEWER EASEMENT
WMWAK INST. NO. I 7801829
10 Irl
J
®V%®
5
O.
L11
W
"-S 89'01'30" W 712.01'iQ+
.�
POINT OF COMMENCEMENT z
CENTER 114 CORNER
SECION 7 C 2F NO.
LINE 'ABLE
LINE #
LENGTH
DIRECTION
L1
30.00'
N 900'00" E
L2
85.98'
N 9900'00" E
L3
232.16'
N 0'00'00" E
L4
26.36'
N 45'00'00" W
L5
25.14'
N 0'00'00" E
L6
15.02'
S 88'58'53" E
L7
22.50'
N 89'56'11 " E
L8
34.25'
S' 0'00'00" W
L9
15.73'`
S 45'00'00" E
L10
321.00'
S` 0'00'00" W
L11
30.01'
S 89101'30" W'
L12
61.18'
N 0'00'00" E
L13'
85.98`
S 90'00'00" W'
MU)SION t BY.,
43 NORTH SUBDIVIISON
BRIGGS ENGINEERING, INC.
MERIDIAN, IDAHO
B R I G G S
SHFEf = 1 OF 1ENGINEERS
PLANNERS SURVEYMS
ttroo w mmo Rm a WSW wal t1n05 a (208)314-97DQ
SEWER do WATER EASEMENT EXHIBIT B
S& W
ON DAMN0N0.
SO,
These drowinge. or any portion thereof, shall not be used
12/06/18
180405
1*- 80'
on mV Praj6d or estermTons of No Pm)eet except by
woen agreement from Was DOW eAn , Inc.
`)pOD1X)DOL INE
Meridian City Council Meeting Agenda January 22, 2019 — Page 94 of 594