Delano Subdivision No. 1 Sanitary Sewer & Water Easement No. 1 (2021-092323) ADA COUNTY RECORDER Phil McGrane 2021-092323
BOISE IDAHO Pgs=5 CHE FOWLER 06/15/2021 03:43 PM
CITY OF MERIDIAN, IDAHO NO FEE
Project Name(Subdivision):
Delano Subdivision No. 1
Sanitary Server&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).
SANITARY SEWER AND WATER MAIN EASEMENT
THIS Easement Agreement, made thisl5th day of June 2p 2I between
Challenger Development Inc. ("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 Page 83
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Item#3.
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: Challenger Developme c
Corey Barton,Presid t n
STATE OF IDAHO )
) ss
County of Ada )
This record was acknowledged before me, on 3&&� �.3�Z� (date) by
(name of individual), [complete the following if signing in a
represent ative capacity, or strike the following if signing in an individual capacity] on
behalf of L�(w Itr,�earn�n(aa�+w.F?+� (name of entity on behalf of whom record was
executed), in the representative capacity:— 40-residt', (type
of auth ody �1 0f41�1Accer or trustee)
�DO t pFs
.....
SAC �
° M1'CCMMfSSfON
EXPIRES 2022 — Notary Signature
1
My Commission Expires; —�
Sanitary Sewer and%w1N1 o ement REV.01/01/2020
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Item#4.
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GRANTEE: CITY OF MERIDIAN
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Robert E. Simison,Mayor 6-15-2021
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Attest by Chris Johnson, City Clerk 6-15-2021
i
STATE OF IDAHO, )
. ss.
County of Ada )
This record was acknowledged before me on 6-15-2021 (date) by
Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in
their capacities as Mayor and City Clerk,respectively. j
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Notary Signature ;
My Commission Expires: 3-28-2022
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Sanitary Sewer and Water Main Easement REV.O1/O1/2020
Pa e 85
Item#3.
Sawtooth Land Surveying, LLC
2030 S. Washington Ave. 1 044 Northwest Blvd., Ste. G 14 1 1"Avenue East
51J, Z_0 7 f� Emmett, ID 83G 17 Coeur d'Alene, ID 838 14 Jerome, ID 83338
-' F: (208) 398-8104 F: (208) 714-4544 F: (206) 329-5303
F: (208) 398-8105 F: (208) 292-4453 F: (208) 324-382 I
Sewer/Water No. 1 Legal Description
BASIS OF BEARING for this description is North 00001'00"West, from a brass cap marking the
southeast corner of Section 32 and the brass cap marking the E1/4 Corner of Section 32, both in T. 4
N., R. 1 E., B.M., Ada County, Idaho.
An easement being located in the N1/2 of the SE1/4 of Section 32, T. 4 N., R. 1 E., B.M., Ada County,
Idaho, more particularly described as follows;
COMMENCING at a brass cap marking the E1/4 Corner of said Section 32;
Thence South 89039'12"West, coincident with the north line of said SE1/4 of Section 32, a distance of
1267.42 feet to the POINT OF BEGINNING;
Thence South 00018'00"East, 100.40 feet;
Thence South 89042'00"West, 50.00 feet;
Thence North 00018'00"West, 100.36 feet to said north line;
Thence North 89039'12" East, coincident with said north line, 50.00 feet to the POINT OF
BEGINNING.
Said easement contains 5,019 square feet and/or 0.115 acres, more or less.
0
10EI
a 11574 2
0112I
or
BEAD
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Page 87
Item#3.
to �
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j t o ZEBULON HEIGHTS SUBDIVISION NO. 2
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cc ' 5,019 Sq.Ftl JASMINE ACRES SECTION 32
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PROJECT: OWNEWDEVELOPER: D I 8 DWG#
DEL4NO SUBDIVISION NO. 1 2030 S. WASHI 36 7 18094 EX
CONGER GROUP EMMETT, D 361
SEWER/WATER NO. 1 EXHIBIT P: (208)398-8104 PROJECT#
NTS MERIDIAN,IDAHO � ��OOr F. (208)398-8105 16094
flSHEET
DATE.
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