Coleman Subdivision Sanitary Sewer and Water Main Easement No. 2 (2021-122818) ADA COUNTY RECORDER Phil McGrane 2021-122818
BOISE IDAHO Pgs=5 NIKOLA OLSON 08/18/2021 09:46 AM
CITY OF MERIDIAN, IDAHO NO FEE
Coleman Subdivision
Sanitary Sewer and Water Main Easement No. 2
SANITARY SEWER AND WATER MAIN EASEMENT
THIS Easement Agreement, made this 171hday of August 2021 between
Wal-Mart Stores,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
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:
C?
STATE OF- 6
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County ofA-ela rt�*o to Yl
This record was acknowledged before me on / Gl Z- (date) by
¢i Avv `17 _(name of individual), [complete the following if signing in a
representative cap city, or strike the following if signing in an individual capacity] on
behalf of Is+ j4J-Mt4jZ-C (name of entity on behalf of whom record was
executed), in the following representative capacity: ~A&M (type
of authority such as officer or trustee)
Sheri Fieke#
Washington COUNTY
NOTARY PUBLIC—ARKANSAS Notary S ignatu
My Commission E.a pres 05/27/2030
Commission No, 12377216 My Commission Expires:
Sanitary Sewer and Water Main Easement REV.0 1/0 1/2020
GRANTEE: CITY OF MERIDIAN
Robert E. Simison,Mayor 8-17-2021
Attest by Chris Johnson, City Clerk 8-17-2021
STATE OF IDAHO, )
: ss.
County of Ada )
This record was acknowledged before me on 8-17-2021 (date) by
Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in
their capacities as.Mayor and City Clerk, respectively.
Notary Signature
My Commission Expires: 3-28-2022
Sanitary Sewer and Water Main Easement REV.01l01(2020
EXHIBIT A
Coleman Subdivision—City of Meridian Sewer and Water Easement
A easement being located in the S% of of the SE X of Section 27,Township 4 North, Range 1 West, Boise
Meridian,Ada County, Idaho, and more particularly described as follows:
Commencing at a brass cap monument marking the southeast corner of sai Section 27,from which a
5/8-inch diameter iron pin marking the southwest corner of said SE X bears N 88°56'28" W a distance of
2654.67 feet;
Thence N 0°21'14" E along the easterly boundary of said SE X a distance of 340.86 feet to a point;
Thence N 88°56'29" West a distance of 754.33 feet to a point on a north line of a Sewer and Water Main
Easement as recorded at the Ada County Recorders Office as Record No. 2015-003135;
Thence leaving said easement N 1°03'31" E as distance of 8.12 feet to a point;
Thence S 88°56'29" E a distance of 20.00 feet to a point;
Thence S 1°03'31" W a distance of 8.12 feet to a point on said north line of a Sewer and Water Main
Easement;
Thence N 88°56'29" W a distance of 20.00 feet along said easement to the point of beginning.
The parcel contains 162 sq.ft. or 0.004 acres.
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Jerron R. Atkin II
Professional Licensed Surveyor
Idaho: 20142
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SCALE:1"=100'
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S 88'56'29" E
20.00'
N 1'03'31" E
8.12' S 1°03'31" W
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N 88"5629" W 754.33'
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27 27 — — _ ( Basis o f Be aring ) 27 26
34 34 N 88°56 28" W 2654.58'
34 35
Walmart-#5841 Meridian, ID LKA005841
Project No: ■■
SANITARY SEWER AND WATER MAIN EASEMENT Drawn By: JRA Galloway
Coleman Subdivision
y 5001 N.Ten Mile Road
Checked B JRA Salt South 700 East,Suite 3F�
Sal[Lake City,UT 84a02
801.'53.1357
EXHIBIT B Date: 07/23/2021 GallowayUS.com