Apex Offsite Sanitary Sewer Easement no. 5 (2020-151116) Item#6.
ADA COUNTY RECORDER Phil McGrane 2020-151116
BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 11/05/2020 12:13 PM
Project Name(Subdivision): CITY OF MERIDIAN, IDAHO NO FEE
Offsite Sewer
Sanitary Sewer Easement Number: 5
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 4th day of NovembP20 20 between Tomlinson Family Trust
("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
pennanent 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
Item#6.
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: THOMAS W.TOMLINSON
ADMINISTRATIVE TRUST UNDER THE
TOMLINSON FAMILY TRUST 4/7/1982
1-1hor
vi . umbull.Co-Trustee
STATE OF IDAHO )
) ss
County of Ada )
This record was acknowledged before me on !D o73 anaD (date) by David W. Turnbull
(name of individual), [complete the following if signing in a representative capacity, or
strike the following if signing in an individual capacity] on behalf of Tomlinson
Family Trust (name of entity on behalf of whom record was executed), in the following
representative capacity: Co-trustee (type of authority such as officer or trustee)
(stamp)
Notary Signature
SHARI VAUGHAN My Commission Expires:
Notary Public-State of Idaho
Commission Number 20181002
My Commission Expires.fun 1, 2024
Sanitary Sewer Easement REV.01/01/2020
Page 74
Item#6.
Mark W. Lindsay, Co-Tru e
STATE OF IDAHO )
)SS
COUNTY OF ADA )
This record was acknowledged before me on �-0 9 q)-Q (date) by
I` ct k W . L ;lnjsm (name of individual), [complete the following if signing
in a representative capacityo r strike the fallowing if signing in an individual capacity] on behalf
of Tomlinson Family Trust (name of entity on behalf of whom record was executed), in the
fallowing representative capacity: l_p �ru5 e.e— (type of authority such as officer
or trustee)
SHARI VAUGHAN
Notary Public-State of Idaho
Commission Number 20181002 NotarySignature
My Commission Expires Jun 1,2024
My Commission Expires �3_ba
Page 75
Item#6.
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 11-4-2020 (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
Sanitary Sewer Easement REV.01/01/2020
Page 76
Item#6.
E N G I N E E R I N G
September 23,2020
Project No.18-037
Tomlinson Family Trust
Legal Description
City of Meridian Sewer Easement
Exhibit A
A parcel of land for a sewer easement situated in a portion of the Southeast 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 brass cap marking the Southeast corner of said Section 31,which bears
S89°42'21"E a distance of 1,320.00 feet from a found 5/8-inch rebar marking the Southwest corner of
said Southeast 1/4 of the Southeast 1/4(East 1/16 corner),thence following the southerly line of said
Southeast 1/4 of the Southeast 1/4, N89'42'21"W a distance of 670.00 feet to the POINT OF
BEGINNING.
Thence following said southerly line, N89°42'21"W a distance of 25.00 feet;
Thence leaving said southerly line, N00°16'52"E a distance of 632.82 feet;
Thence N44°42'44"W a distance of 16.38 feet;
Thence N89'42'21"W a distance of 618.05 feet to the westerly line of said Southeast 1/4 of the
Southeast 1/4;
Thence following said westerly line, N00°07'49"W a distance of 25.00 feet;
Thence leaving said westerly line,S89"42'21"E a distance of 654.81 feet;
Thence S00°16'52"W a distance of 669.40 feet to the POINT OF BEGINNING.
Said parcel contains a total of 0.747 acres(32,544 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.
o� �o
2459 a
0 F 19
L. to
C•2 .
9233 West State Street a Boise,Idaho 83714 208.639.6939 a kmengllp.com Page 77
Iten7$rE. S\ABALLARD\KMENGINEERING\KMGENERAL-REMOTEWOAK�PAOJECT\18-037\CAD�SUAVME%HIBITS\18-037PHASE3SEWEREASEMENTTOMLINSONFAMILYTRUSTS113141741DWG,AAA
AM S1131438900
o�
�L1 \
U1
z II
\ 6 00
I I OD , 1
m
,o o (D z NI I AIL
rn 3 > I I'"
Z
�� CAC p N 0
A
C o M M
"�iLn o
-nw Y 10)
pp
.� N U!I I co m En
m o L4 --�� 25.00' N
ma o -� n
rN C7 I I 0 �
w �r`i N00'16'S2"E 632.82'
rp Q�
— ----------- —
W `S00'16'52"W 669.40' ——
P m
GI UI
,Q� z No 0 0
G� z
a
o
o n
q
CC)
m
Gs
z
z o_
V z
O O --I
O LA O
n
O �[
_ C
40
O
rr*1 m
0c�rZi
zZM
��Fi
S. Locust Grove Rd.
0 200 400 600
Plan Scale: 1"=200'
z m Exhibit B
=mwa r71 q
�_Qm z �� City of Meridian Sewer Easement
3mmN
N- Z O
vwonm T
��yp SE 1/4 of the SE 1/4 of Section 31, T3N., 131E., B.M.
Q
w s City of Meridian, Ada County, Idaho
v 4
Page 78