Oaks North Subdivision No.10 Sanitary Sewer and Water Main Easement "C" (2021-122825) ADA COUNTY RECORDER Phil McGrane 2021-122825
BOISE IDAHO Pgs=5 ANGIE STEELE 08/18/2021 09:50 AM
CITY OF MERIDIAN, IDAHO NO FEE
The Oaks North Subdivision No. 10
Sanitary Sewer and Water Main Easement C
THIS Easement Agreement, made this 17thday of August 20 21 between
Toll Southwest LLC ("Grantor")and the City of Meridian, an Idaho
Municipal Corporation("Grantee"),
-
WHEREAS,AS, 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 EXIIIBITS 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 TO FOLD, 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:
Susan Stanley, Idaho Division President
STATE OF IDAHO )
) ss
County of Ada )
This record was acknowledged before me on (date) by
Susan Stanley (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 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)
SR iNA URTSCHI r
CO N#46693 ��
NOTARY PUBLIC _C
STATE OF IDAHO Lary Signature
MY COMMISSION EXPIRES 04/27/2024
My Commission Expires: Ll'
Sanitary Sewer and Water Main Easement REV.01/01/2020
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 Gate) 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.01/01/2020
Ep - Exhbit--A -
MERIDIAN SEWER & WATER DISTRICT EASEMENT
THE OAKS NORTH SUBDIVISION NO. 10 / EASEMENT C
LOCATED IN THE SW a OF SECTION 28, T.4N., R.1 W., B.M.
1/4 MERIDIAN, ADA COUNTY, IDAHO
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231 E 5TH ST,STE.A
MERIDIAN,ID 83642
(208)288-2040 (208)280-2557 fax
www.landsolutions.biz 148 N0. 1B-JS
Exhibit B
Legal Description
City of Meridian Sanitary Sewer and Water Easement C
The Oaks North Subdivision No. 10
An easement located in the SW %4 of Section 28, Township 4 North, Range 1 West, Boise
Meridian, Ada County, Idaho, and more particularly described as follows:
Commencing at an Aluminum Cap monument marking the northwest corner of the SW % (W '/4
corner) of said Section 28, from which a Brass Cap monument marking the southwest corner of
said SW'/ bears S1°00'42" W a distance of 2630.85 feet;
Thence S 26054'53" E a distance of 1611.09 feet to the POINT OF BEGINNING;
Thence S 88'59'18" E a distance of 20.00 feet to a point;
Thence S 1 000'42" W a distance of 29.00 feet to point;
Thence N 88°59'18" W a distance of 20.00 feet to a point;
Thence N 1*00'42" E a distance of 29.00 feet to the POINT OF BEGINNING.
This easement contains 580 square feet more or less and is subject to any other easements
existing or in use.
Clinton W. Hansen, PLS
Land Solutions, PC `a,4AI. LA NO s
July 19, 2021 �5. �r;1S T c
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The Oaks North Subdivision No. 10
aLand Surveying and Consul[Ing City of Meridian Sewer&Water Easement C
Job No. 18-35
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