Oaks North Subdivision No. 4 Sewer and Water Main Easement No. 1 (2020-085838) ADA COUNTY RECORDER Phil McGrane 2020-085838
BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 07/10/2020 01:48 PM
CITY OF MERIDIAN, IDAHO NO FEE
Project Name(Subdivision):
The Oaks North Subdivision No. 4
Sanitary Sewer&Water Main Easement Number:
1
Identify this Easement by sequential number if Project contains
more than one easement of this type.
(See Instructions for additional information).
SAANITARY SEWER AND WATER MAIN EASEMENT
THIS Easement Agreement, made this 7th day of July , 2020, by and
between Toll Southwest LLC ("Grantor") and the City of Meridian, an Idaho
Municipal Corporation ("Grantee");
WHEREAS, the Grantor desires 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 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 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 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.
Sanitary Sewer and Water Main Easement REV.01/01/2020
Meridian City Council Meeting Agenda July 7,2020— Page 200 of 814
Project Name(Subdivision):
The Oaks North Subdivision No. 4
Sanitary Sewer&Water Main Easement Number:
1
Identify this Easement by sequential number if Project contains
more than one easement of this type.
(See Instructions for additional information).
SAANITARY SEWER AND WATER MAIN EASEMENT
THIS Easement Agreement, made this 7th day of July , 2020, by and
between Toll Southwest LLC ("Grantor") and the City of Meridian, an Idaho
Municipal Corporation ("Grantee");
WHEREAS, the Grantor desires 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 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 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 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.
Sanitary Sewer and Water Main Easement REV.01/01/2020
Meridian City Council Meeting Agenda July 7,2020— Page 200 of 814
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.
THE GRANTOR covenants and agrees 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 WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their
signatures the day and year first herein above written.
GRANTOR: TOLL SOUTHWEST LLC
Susan Stanley, Division President
STATE OF IDAHO )
) ss
County of Ada )
This record was acknowledged before me on �v k\ ��" , 2020,by Susan
Stanley on behalf of Toll Southwest LLC in the following representative capacity: Division
President.
SABRINA DURTSCHI
COMMISSION#46693
NOTARY PUBLIC
STATE Off$�,1�11)
MY COMMISSION EXPIRES 04/27/2024
Notary Signature
My Commission Expires:
Sanitary Sewer and Water Main Easement REV.01/0 1/2020
Meridian City Council Meeting Agenda July 7,2020— Page 201 of 814
GRANTEE: CITY OF MERIDIAN
Robert E. Simis n, ayor
i1JIAN
Attest by Chris J nson, N
CI.e `'
STATE OF IDAHO, )
: ss.
County of Ada )
7-7-2020
This record was acknowledged before me on (date) by
Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their
capacities as Mayor and City Clerk, respectively.
(stamp) Na&ycWM
..... .. .. _ Notary Signature 3 -2022
CHARLENE WAY My Commission Expires:
COMMISSION#67390
NOTARY PUBLIC
STATE OF IDAHO
MY CbMMBSS[ON EXPIRES 3128122
Sanitary Sewer and Water Main Easement REV.01/01/2020
Meridian City Council Meeting Agenda July 7,2020— Page 202 of 814
Exhibit A
Legal Description
City of Meridian Sanitary Sewer and Water Easements
The Oaks North Subdivision No. 4
Easements located in the SW % of the SE % of Section 28, Township 4 North, Range 1 West,
Boise Meridian, Meridian, Ada County, Idaho and more particularly described as follows:
EASEMENT A
Commencing at a Brass Cap monument marking the southwest corner of the SE % (South
corner) of said Section 28, from which a Brass Cap monument marking the southeast corner of
said SE % bears S 89°16'45" E a distance of 2635.54 feet;
Thence N 39°31'14" E a distance of 1414.13 feet to the POINT OF BEGINNING;
Thence N 0°37'35" E a distance of 39.00 feet to a point;
Thence S 89022'25" E a distance of 25.00 feet to a point;
Thence S 0037'35" W a distance of 39.00 feet to a point;
Thence N 89022'25" W a distance of 25.00 feet to the POINT OF BEGINNING.
This easement contains 975 SF and is subject to any other easements existing or in use.
EASEMENT B
Commencing at a Brass Cap monument marking the southwest corner of the SE '/4 (South
corner) of said Section 28, from which a Brass Cap monument marking the southeast corner of
said SE %bears S 89'16'45" E a distance of 2635.54 feet;
Thence N 40021'13" E a distance of 1032.03 feet to the POINT OF BEGINNING;
Thence N 0037'35" E a distance of 36.00 feet to a point;
Thence S 89022'25" E a distance of 25.00 feet to point;
Thence S 0°37'35" W a distance of 36.00 feet to a point;
Thence N 89022'25" W a distance of 25.00 feet to the POINT OF BEGINNING.
This easement contains 900 SF and is subject to any other easements existing or in use.
EASEMENT C
Commencing at a Brass Cap monument marking the southwest corner of the SE '/ (South '/4
corner) of said Section 28, from which a Brass Cap monument marking the southeast corner of
said SE '/4 bears S 89016'45" E a distance of 2635.54 feet;
Thence N 40024'21" E a distance of 851.16 feet to the POINT OF BEGINNING;
Thence S 89022'25" E a distance of 20.00 feet to point;
City of Meridian Sewer&Water Easements
land Surveying and Consulting The Oaks North Subdivision No.4
Job No. 18-35
Page 1 of 2
Meridian City Council Meeting Agenda July 7,2020— Page 203 of 814
Thence S 0°37'35" W a distance of 30.00 feet to a point,-
Thence N 89022'25" W a distance of 20.00 feet to a point;
Thence N 0d37'35" E a distance of 30.00 feet to the POINT OF BEGINNING.
This easement contains 600 SF and is subject to any other easements existing or in use.
Combined easement area (Easements A, B & C) contains 2,475 SF (0.057 acres).
Np,L LANQ
Clinton W. Hansen, PLS ��0 1s T F s
Land Solutions, PC ��
June 9, 2020
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The Oaks North Subdivision No.4
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Jab No. 18-35
Page 2 of 2
Meridian City Council Meeting Agenda July 7,2020— Page 204 of 814
EXHIBIT B
CITY OF MERIDIAN SANITARY SEWER AND WATER EASEMENTS
THE OAKS NORTH SUBDIVISION NO. 4
G 1/4 LOCATED IN THE SW-4 OF THESE 1/4 OF
SECTION 28, TAN., R.l W., B.M., MERIDIAN, ADA COUNTY, IDAHO
I,
LINE TABLE
LINE # LENGTH DIRECTION
f Lt 39.00' NO'37'35"E
L2 25,00' S89'22'25"E POINT OF BEGINNING
L3 39.00' SO'37'35"W EASEMENT A �M
975 SF
� L4 25.00' N89'22'25"W ,----r— -�---r —T—� L4
o L5 36.00' NO'37'35"E
L6 25.00' S89'22'251
L7 36.00' SO'37'35"W ' 1
� ? I
�N L8 25.00' N89'22'25"W I
z _ L9 20.00' S89'22'25"E
v L10 30.00' SO'37'35'W
1-11 20.00' N89'22'25W
L12 30.00' NO'37'35"E
--- — L6 I
_ J 7
POINT OF
I
BEGINNING
EASEMENT B
900 SF
��.' .•'.N LI O
Li 1
POINT OF BEGINNING
EASEMENT C
600 SF
ONNL LA A(,D
N° TOTAL EASEMENT AREA: Y hy� STf SG,pG
2,475 SF / 0.057 ACRES Ic-
11118 M
1/4 _;;: BASIS OF BEARING N,,, c", Lo0
288 W. McMILLAN ROAD S89'16'45"E 2635.54' 28 27 111
33 �'- Fk 0
33 34 ON w.Np.
0 75 150 300 Lan futions
J Land Surveying and Consulting
231 E.STH Sr.STE.A
MERIDIAN,ID 83642
fZ08)288-2040 (208)288-2SS7 fax
wwwJandsolubons.b)2 JOB NO. i8-35
Meridian City Council Meeting Agenda July 7,2020— Page 205 of 814