Sanitary Sewer and Water Main Easement with Southstone, LLC and Lewis Family Properties, LLC for Southstone Subdivision
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00
BDISE IDAHO 06125105 OB:36 AM
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Meridian Crly 105066149
SANITARY SEWER AND WATER MAIN EASEMENT
THIS INDENTURE, made this/gfh day Of~ 2005 between Southstone, LLC and Lewis
Familv Properties, LLC. and the parties of the first part, and hereinafter called the Grantors, and the
City of Meridian, Ada County, Idaho, the party ofthe second part, and hereinafter called the Grantee;
WITNESSETH:
WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of-way
across the premises and property 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 ftom 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 sanitary
sewer and water 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 ftee 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 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
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possessed of the aforementioned and described tract of land, 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 [lIst herein above written.
GRANTORS:
Lewis Family Properties, LLC
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member
Shari S. Lewis
Southstone, LLC
By: Evans Construction Management Company, Its member
kd~.d~
~ichard Evans President
Evans Construction Management Company
STATE OF IDAHO)
) ss
County of Ada)
On this L- day of April, 2005, before me, the undersigned, a Notary Public in and for
said State ofIdaho, personally appeared Richard Evans, known or identified to me to be the
President of Evans Construction Management Company, one of the members of Souths tone,
LLC, and the member or one of the members who subscribed said limited liability company
name to the foregoing instrument, and acknowledged to me that he executed the within
instrument on behalf of said Evans Construction Management Company, and that such
corporation executed the same in said limited liability company name.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year fist above wri~...
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STATE OF IDAHO)
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County of Ada )
On this \<=&+-- day of April, 2005, before me, the undersigned, a Notary Public in and for
the State ofIdaho, personally appeared William 1. Lewis II, and Shari S. Lewis, known or
identified to me to be members of Lewis Family Properties, LLC, the limited liability
company that executed the instruments, 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 fist above written.
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GRANTEE:
Approved By City Council On:
STATE OF IDAHO)
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County of Ada)
On this ~ day of ~ , 20~, before me, the undersigned a Notary Public in and
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for the State ofIdaho, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR.,
known to me to bi;) 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 by official seal the day and
year first above written.
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EXHIBIT "A"
PUBLIC SEWER AND WATER EASEMENT
FOR SOUTHSTONE SUBDIVISION
A public sewer and water easement over, under and across a parcel ofland being a
portion of the NWl/4 of the SWlI4 of Section 21, Township 3 North, Range I East,
Boise Meridian, City of Meridian, Ada County, Idaho and more particularly described as
follows:
Commencing at a brass cap marking the SW comer of the SWl/4 of said Section 2l,
thence along the West section line of said Section 21,also being the centerline ofS. Eagle
Road, NOooI2'03"W a distance of1659.94 feet to a 5/8 inch rebar, thence continuing
along said West line NOoo12'03"W a distance of253.95 feet to a point, from which a 5/8
inch rebar marking the NW comer of the SWl/4 of said Section 21 bears NOoo12'03"W a
distance of786.28 feet, thence leaving said section line S89°19' 43"E a distance of 48.00
feet to a point on the East right-of-way line of S. Eagle Road, also being the POINT OF
BEGINNING;
Thence leaving said right-of-way line S89°19' 43"E a distance of 50.82 feet to a point;
Thence S44°19' 43"E a distance of 155.69 feet to a point;
Thence S89°19'39"E a distance of 110.86 feet to a point;
Thence NOoo40'21"E a distance of17.90 feet to a point;
Thence S89°44'33"E a distance of26.57 feet to a point;
Thence SOooOO'OO"E a distance of 17.89 feet to a point;
Thence S89°07'26"E a distance of 54.87 feet to a point;
Thence NOo040'21"E a distance of 39.54 feet to a point;
Thence S89°19'39"E a distance of61.64 feet to a point;
Thence SOo039'41"W a distance of20.00 feet to a point;
Thence N89°19'39"W a distance 001.63 feet to a point;
Thence SOoo40'23"W a distance of 50.90 feet to a point;
Thence S89°18' 51"E a distance 001.64 feet to a point;
Thence SOo038'46"W a distance of25.00 feet to a point;
Thence N89° 18' 51"W a distance of 31.64 feet to a point;
Thence SOo041' 15"W a distance of 77.47 feet to a point;
Thence S89°19'43"E a distance ofl1.44 feet to a point;
Thence SOo038'58"W a distance of 10.00 feet to a point on the North right-of-way line of
E. Easy Jet Dr.;
Thence along said North right-of-way line, N89°19'43"W a distance of 41.45 feet to a
point;
Thence leaving said North right-of-way line NOo040'21"E a distance of 18.53 feet to a
point;
Thence N89°20' 19"W a distance of 26.24 feet to a point;
Thence NOoo38'58"E a distance of 10.00 feet to a point;
Thence S89°20' 19"E a distance of 26.24 feet to a point;
Thence NOo04O'21"E a distance of 85.30 feet to a point;
Thence N89°19'39"W a distance of 92.20 feet to a point;
Thence SOoo42 'O7"W a distance of 25 .20 feet to a point;
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Thence N89°19'56"W a distance of25.00 feet to a point;
Thence NOO'42'OTE a distance of25.21 feet to a point;
Thence N89°19'31"W a distance of98.95 feet to a point;
Thence SOoo43' 5 O"W a distance of 46.98 feet to a point;
Thence N89°20'20"W a distance of 30.00 feet to a point;
Thence NOI °08'00"E a distance of9.79 feet to a point;
Thence N89°17'40"W a distance of24.66 feet to a point;
Thence NOo041 '33"E a distance of25.00 feet to a point;
Thence S89°17'40"E a distance of24.61 feet to a point;
Thence NOo043 '50"E a distance of 42.19 feet to a point;
Thence S89°19'39"E a distance of25.34 feet to a point;
Thence N44°19'43"W a distance of 127.40 feet to a point;
Thence N89°19'43"W a distance of26.85 feet to a point;
Thence SOo047'1l "W a distance of 17.32 feet to a point;
Thence N89°12' 49"W a distance of I 0.00 feet to a point;
Thence NOo047'1l"E a distance ofl7.30 feet to a point;
Thence N89°19'43"W a distance of5.38 feet to a point on the East right-of-way line of
said S. Eagle Road;
Thence along said East right-of-way line NOooI2'03"W a distance of 20.00 to the POINT
OF BEGINNING.
Said easement contains approximately 21,761 square feet or 0.50 acres, more or less, and
is subject to all existing easements and rights-of-ways of record or implied.
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EXHIBIT "B"
SEWER AND WATER EASEMENT
A PORTION OF THE N1fl/' OF THE S1Il/' OF SECTJON 21
TOWNSHIP 3 NORTH, RANGE 1 EAST, 80lSE MERIDIAN
CITY OF MERIDIAN, ADA COUNTY, IDAHO
200.
LEGEND
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DETAIL FILENAME. FINN A CLE DRAWN BY
PjCIVILjCO4601 O(CO460 I O_EASEMENT _WATER HWE
CREATION DATE Engineers, Inc, CHECKED BY
12552 w [","u" 0'. ,"it. 8. 80i". <doho
03-25-05 83m REB
(208) 887- 7750