Apex Offsite Sanitary Sewer Easement No. 2 (2020-138109) ADA COUNTY RECORDER Phil McGrane 2020-138109
BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 10/15/2020 11:46 AM
Project Name(Subdivision): CITY OF MERIDIAN, IDAHO NO FEE
Apex Offsite Sewer
Sanitary Sewer Easement Number: 2
Identify this Easement by sequential number if Project
contains more than one sanitary sewer easement.
(See Instructions for additional information).
SANITARY SEWER EASEMENT
THIS Easement Agreement, made this 13th day of October 20 20 between Dv r investments 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.01/01/2020
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: DWT INVESTMENTS LLC
By:Brighton Corporation,Manager
Robert L. PlftlrPresident
STATE OF IDAHO )
) ss
County of Ada )
This record was acknowledged before me on 0 aD (date) by Robert L.Phillips
(name of individual), [complete the_following if signing in a representative capacity, or strike
the .following rf'signing in an individual capacity] on behalf of DWr Iri stments LLC W Brighton Corp,Its Manage,
(name of entity on behalf of whom record was executed), in the following representative
capacity: President (type of authority such as officer or trustee)
(stamp)
Notary Signature
Notary Public- v
5HA1 S N My Commission Expires:
State
tate of Idaho
Commission Number 20181002
My Commission Expires Jun 1, 2024
Sanitary Sewer Easement REV. 01/01/2020
GRANTEE: CITY OF MERIDIAN
Robert E. Simison,Mayor
Attest by Chris Johnson, City Clerk
STATE OF IDAHO, )
. SS.
County of Ada )
This record was acknowledged before me on 10-13-2020 (date) by Robert E. Simison
and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City
Clerk, respectively.
Notary Signature
My Commission Expires: 3-28-2022
Item#5.
E N G I N E E R I N G
September 23,2020
Project No.:18-037
DWT Investments,LLC
Legal Description
City of Meridian Sewer Easement
Exhibit A
A parcel of land for a sewer easement situated in a portion of the South 1/2 of the Southwest 1/4 of the
Southeast 1/4 of Section 31,Township 3 North, Range 1 East, B.M.,City of Meridian,Ada County, Idaho
and being more particularly described as follows:
Commencing at a found 5/8-inch rebar marking the South 1/4 corner of said Section 31,thence following the
southerly line of said Southwest 1/4 of the Southeast 1/4, 589*42'21"E a distance of 1,320.00 feet to a found
5/8-inch rebar marking the Southeast corner of said Southwest 1/4 of the Southeast 1/4(East 1/16 corner);
Thence leaving said southerly line and following the easterly line of said Southwest 1/4 of the Southeast 1/4,
N00°07'49"W a distance of 644.42 feet to the POINT OF BEGINNING.
Thence leaving said easterly line,N89°42'21"W a distance of 1,261.62 feet;
Thence N00'16'52"E a distance of 18.09 feet;
Thence N47'56'12"E a distance of 10.25 feet;
Thence S89°42'21"E a distance of 1,253.86 feet to the easterly line of said Southwest 1/4 of the Southeast 1/4;
Thence following said easterly line,500°07'49"E a distance of 25.00 feet to the POINT OF BEGINNING.
Said parcel contains a total of 0.723 acres (31,509 square feet), more or less,and is subject to all existing
easements and/or rights-of-way of record or implied.
Attached hereto is Exhibit B and by this reference is made a part hereof.
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Page 75
Item#5.
1253.86
ffig
1261.62
Title: 200922 City of Meridian Sewer Easement DWT Investments LLC Date: 09-22-2020
Scale: 1 inch= 125 feet File:
Tract 1: 0.723 Acres: 31509 Sy Feet:Closure=n54.3430e 0.01 Feet: Precision=1/450165: Perimeter=2569 Feet
001=n89.4221w 1261.62 003=n47.5612e 10.25 005=s00.0749e 25.00
002=100.1652e 18.09 004=s89.4221e 1253.86
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