Loading...
Oaks North No. 9 ESMT-2021-0118 (2021-152775) ADA COUNTY RECORDER Phil McGrane 2021-152775 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 10/21/2021 11:13 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2021-0118 Oaks North No. 9 a ffi 1 This Agreement made this 19th day of October 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 ATTACHED EXHIBITS A and ) 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. 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: Qwm. '�"Y Susan Stanley,Division President STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on l (date) by Susan Stanley (name of individual), [complete the ful()ivrng 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:ldahoMvicionPresident (type of authority Such as officer or trustee) ra �fri NpTgRr • L�G = otary Signature 'HO �'�'` My Commission Expires: U Sanitary Sewer and Water Main Easement REV.0 1/0 1/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 10-19-2021 Attest by Chris Johnson, City Clerk 10-19-2021 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 10-19-2021 (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.01/01/2020 EXHIBIT A Legal Description City of Meridian Sanitary Sewer & Water Easement The Oaks North Subdivision No. 9 An easement located in the SW '/4 of the NE '/4 of Section 28, Township 4 North, Range 1 West, Boise Meridian, Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a Brass Cap monument marking the southeast corner of the SW%4 (S '/4 corner) of said Section 28, from which a Brass Cap monument marking the southwest corner of said Section 28 bears N 89016'58" W a distance of 2635.25 feet; Thence N 0043'41" E along the east boundary of said SW '/4 a distance of 2634.11 feet to a 2.5 inch iron pipe monument marking the northeast corner of the SW '/4 (Center '/4 corner) of said Section 28; Thence along the west boundary of the NE '/4 of said Section 28 N 0043'58" E a distance of 625.86 feet to a point; Thence leaving said west boundary S 77058'14" E a distance of 493.25 feet to the POINT OF BEGINNING; Thence N 12001'47" E a distance of 20.00 feet to a point; Thence S 77'58'13" E a distance of 27.00 feet to a point; Thence S 12°01'47" W a distance of 20.00 feet to a point; Thence N 77'58'13" W a distance of 27.00 feet to the POINT OF BEGINNING. This easement contains 540 square feet (0.012 acres) and is subject to any other easements existing or in use. Clinton W. Hansen, PLS ONNL LA Np s Land Solutions, PC �5� s TER Gp October 5, 2021 1 118 L 0� 9TF OF 0 N W N P� La_md 01titipins The Oaks North Subdivision No.9 L %-Land Surveying and Consulting Meridian Sewer&Water Easement Job No. 18-35 Page 1 of 1 EXHIBIT B CITY OF MERIDIAN SANITARY SEWER & WATER EASEMENT THE OAKS NORTH SUBDIVISION NO. 9 LOCATED IN THE SW 1/4 OF THE NE 1/4 OF SECTION 28, TAN., R.1 W., B.M. MERIDIAN, ADA COUNTY, IDAHO i Cu 540 SF / 0.012 ACRES ( S77• 13„ POINT OF BEGINNING N o 58, E 493.25' Z N S77 58'13„ I 27 0p' E N77 58'13„ W Ln C1127 0p' S12 01' 20.00' 47nW 00 (Z PRS\)g�Dw\S��N ( a 0 � o C 1/4 o� w a U p V Z N U �I J Z I m 29 28 2635.25" 1/4 Z N89'16'58"W 28 _ _ W. McMIU AN ROAD 2a 27 32 33 BASIS OF 33 S89'16'45"E 2635.54' BEARING 33 34 N p,L LA NO �O SG 0 N111 � 80 C ,,to0SZi � �j 9TF OF tiTCN W NPR 0' 50, 100, 200' ELa j I u t J"o f I S Land Surveying and Consulting 231 E.5TH ST.,STE.A MERIDIAN,ID 83642 (208)288-2040 (208)288-2557 fax SHEET 1 OF 1 www.landsolutions.biz JOB NO. 18-35