Jocelyn Park Subdivision No. 1 Sanitary Sewer and Water Main Easement No. 1 ESMT-21-0093 (2021-135643) ADA COUNTY RECORDER Phil McGrane 2021-135643
BOISE IDAHO Pgs=5 CHE FOWLER 09/15/2021 10:33 AM
CITY OF MERIDIAN, IDAHO NO FEE
Jocelyn Park Subdivision No. 1
Sanitary Sewer and Water Main Easement No. 1
ESMT-2021-0093
THIS Easement Agreement, made this 14th day of between
September 2 021
CW-JPark,LLC.,A Delaware Limited Liability Co. ("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
i-naintenance, repair and replaceinent 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 UNIDERSTOOD 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 Scwcr and Water Main Easement REV,0 1/0 1/2020
Item#2.
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:
CW-JPark,LC,a Delaware Limited Liability Company
Jim Sansbum,V.P. of Finance of Hayden Homes Idaho LLC,Under Power of Attorney
e"n
STATE OF )
) ss
County of AA6- )
0C%CYIV'}'GQ
This record was acknowledged before me on p1 � ( late) by Jim Sansburn, on behalf of
CW-JPark, LLC, a Delaware Limited Liability Company, in the following representative capacity:
V.P. of Finance of Hayden Homes Idaho, LLC, Under Power of Attorney.
l� 090AL STAMP
SER Y D ANE GUTHRIE
E NOTARY PUBLIC-OREGON1x'=.�e,�`` l� \� csw_ `Q
`e
COMMISSION NO.987928 Notary Signature
MY COMMISSION EXPIRES MAY 20,2023 My Commission Expires:..YVNCA �? ao.aoa3
Sanitary Sewcr and Water Main Easement REV.01/01/2020
Page 12
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor 9-14-2021
Attest by Chris Johnson, City Clerk 9-14-2021
STATE OF IDAHO, )
: ss.
County of Ada )
This record was acknowledged before me on 9-14-2021 (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 Scwcr and Water Main Eascmcn[ REV.01/0 1/2020
Item#2.
EXHIBIT A
Legal Description
Jocelyn Park Subdivision
City of Meridian Sanitary Sewer & Water Easement #1
An easement being located in the NE '/4 of the NE '/n of Section 25, T.3N., RAW., B.M., City of
Meridian, Ada County, Idaho, and more particularly described as follows:
Commencing at an Aluminum Cap monument marking the northwest corner of said NE '/4 of the NE
%(E 1/16 corner), from which an Aluminum Cap monument marking the northeast corner of the NE
%4 of said Section 25 bears South 89°21'45" East a distance of 1320.00 feet;
Thence South 89°21'45" East along the northerly boundary of said NE '/4 of the NE '/4 a distance of
107.76 feet to a point;
Thence leaving said boundary South 0°38'15" West a distance of 987.27 feet to the POINT OF
BEGINNING;
Thence South 89d34'43" East a distance of 30.00 feet to a point;
Thence South 0'25'17" West a distance of 30.74 feet to a point;
Thence North 89033'20"West a distance of 30.00 feet to a point;
Thence North 0'25'17" East a distance of 30.73 feet to the POINT OF BEGINNING.
Said easement contains 922 square feet(0.021 acres) more or less and is subject to any other
easements existing or in use.
Clinton W. Hansen, PLS ���L LA Np S
Land Solutions, PC
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Land Surveying and Consulting
Job No.20-59
Page 1 of 1
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►tem#2. EXHIBIT B
JOCELYN PARK SUBDIVISION
CITY OF MERIDIAN SANITARY SEWER & WATER EASEMENT #1
24�1153' E 1/16 BASIS OF BEARING
1/448"W ` �— S89'21'45"E 1320,00' W. VICTORY RD. 24 s
25 107.76' 121Z24'
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POINT OF
BEGINNING 30.00'
S89'34 43 E
=' 922 SF
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30.00
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231 E.5TH U.,STE,A
MERIDIAN,ID 83642
(208)288-2040 (208)288-2557 Fax
www.landsolutions,biz JOB NO 20-59
Page 15