The Oaks North No. 8 Sanitary Sewer and Water Main Easement(1st Record 2021-055458) Re-Record (2021-064699) ADA COUNTY RECORDER Phil McGrane 2021-055458
BOISE IDAHO Pgs=5 KRISTINA LOWRY 04/07/2021 11:21 AM
CITY OF MERIDIAN, IDAHO NO FEE
Proiect Name(Subdivision):
The Oaks North No. 8 ADA COUNTY RECORDER Phil McGrane 2021-064699
BOISE IDAHO Pgs=6 CHE FOWLER 04/22/2021 01:43 PM
Sanitan Sewer&Water Main Easement Number: CITY OF MERIDIAN, IDAHO NO FEE
Identify this Easement by sequential number if ProJect contains
more than one easement of this tylie.
(See Itisttuctions for additional intiormation),
Re-record to correct Notary date on page 2
SANITARY SUIR AND WATER MAIN EASL ENT
THIS Easement Agreement, made this 6th day of April 2021 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 ATTAC14ED 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
Project Name(Subdivision):
The Oaks North No. 8
Sanitary Sewer&Water Main Easement Number:
Identify this Fw;ement by sequential number if Protect contains
more than one casement of thii type,
(See 111SLructions tOr additional illtblllladon).
Re-record to correct Notary date on page 2
SANITARY SEWER AND WATER MAIN EASEMENT
THIS Easement Agreement, made this 6th day of April 2021 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 ri-ht-of-
l_
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 casement for the operation and
maintenance of sanitary sewer and water mains over and across the following
described property:
(SEE ATTAC14ED 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 casement 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
C,
in violation of this easement.
Sanitary Sewer and Water Main Easement REV.01/01/2020
i
item#5.
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 staled 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 tie 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 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:
Susan Stanley, Division President
STATE OF IDAHO )
) ss
County of Ada }
This record was acknowledged before me on 4 24 (date) by
Susan Stanley (name of indlvldual), [complete the follotcing If Signing in a
rej)resentative capacity, or strike 1he,foilowing il'signing in an individual capacity] on
behalf of Toll Southwest LLC (name of entity on behalf of whom record was
executed); in the following representative capacity-Idaho Division President (type
of authority such as officer or trustee)
,�j {{... ......,....
CO fSSfONBTSCHI
#6693
NOTARY PUBLIC
STATE OF IDAHOotary Signature
[MY COMMISSION EXPIRES O4;27/2024 My Commission EXpil"es'4t27t24
Page 128
Sanitary Scwcr and Water Main t;ascment R.GV,0 1/0 1 12020
GRANTEE: CITY OF MERIDIAN
Robert E. Simis
w1AN,
SEAT,
Attest by Chris j/,6hnson,
STATE OF IDAHO,
County of Ada
This record was acknowledged before me on 4-6-2021 (date) by
Robert E. S i m i s o n and Chris Johnson on behalf of the City of Meridian, in
their capacities as Mayor and City Clerk, respectively.
(stamp)
Notary Stanature
My Commission Expires: 3-28-2022
CHARLENE WAY
COMMISSION#17390
NOTARY PUBLIC
STATE OF IDAHO
MY COMMISSION EXPIRES 3128122
Page 129
Sanitary Sewer and Water Main Easement REV.0 1/0 1 020
Item#5.
MERIDIAN SEWER & WATER DISTRICT EASEMENT
THE OAKS NORTH SUBDIVISION NO. 8 / EASEMENT B
LOCATED IN THE SW 4 OF SECTION 28, T.4N., RAW., B.M. 0 1/4
MERIDIAN, ADA COUNTY, IDAHO
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\ N89'16'19"W 1156.83'
l� 434 SF /� POINT OF BEGINNING
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OAKS
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29 28 W. McMILLAN ROAD 1/4
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_N89'16'58"W 2635.25' _ _ _
32 33 BASIS OF BEARING 28 33
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MERIDIAN.ID 83642
(208)288-2C40 (208)288-255/tax
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Page 130
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Legal Description
Meridian Sewer & Water District Easement
The Oaks North Subdivision No. 8 — Easement B
An e8S8nOeOt being located in the SW % of Section 28, Township 4 N0rth, Range 1 W8St, BUS8
N1Ghdi@O, Ada C0UDtv` |d8hO. and more particularly described as follows,
CODl08noiOQ at an Aluminum Cap nnnnurD8nt marking the southeast CO[OBr of the SVV |4 /S 1/4
corner) of said Section 28, from which o Brass Cap monument marking the southwest Conle[ of
said Section 2O bears N8Q°1G'5D^ VVm distance of2635.25feet;
Thence NO"43'41" E along the east boundary 0f said SVV1/4Of Section 288 distance 0f2115,52
feet to a point-,
Thence leaving said boundary N 89016'19^ VVa distance of 1156.83 feet to the POINT OF
BEG|y4N|NC��
.
Thence S 56054'53^ VV 8 distance Of2O.Q5feet to 8 point',
Thence N33^O5'O7^ VV3 distance Of15.OU feet tOpoint;
Thence N 50"54'53" E a distance of28.93 feet to a point-,
Thence S53"OS'54^ Ea distance of15.UO feet to the POINT C)FBEGINNING.
This easement contains 434 square feet and is subject to any other easements existing or in use.
C|ininnVV. Hansen, PLG
Land So|utions, PC
March 12. 2021
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Job No. 18'35