Chewie Subdivision Sanitary Sewer and Water Main Easement No. 1 ESMT-2021-0130 (2021-173037) ADA COUNTY RECORDER Phil McGrane 2021-173037
BOISE IDAHO Pgs=5 CHE FOWLER 12/08/2021 10:14 AM
CITY OF MERIDIAN, IDAHO NO FEE
ESMT-2021-0130
Chewie Subdivision
Sanitary Sewer and Waster Main No. 1
SANITARY SEWER AND WATER MAIN EASEMENT
THIS Easement Agreement, made this 6th day of December 20 21 between
Adler AB Owner xi 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 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:
L�dL—--
STATE OF IDAHO )
) ss
County of Ada )
This record was acknowledged before me on Novembe, 19,JOd(date) by
ffiic- J 5. Adlc-e- (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 IM(e r A 8 0 w,ur Xi uc (name of entity on behalf of whom record was
executed), in the following representative capacity: pr , .(type
of authority such as officer or trustee)
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PUB C Notary Signature
•� LI •
•X ; Expires:��og��:• p� My Commission
OF 19
Sanitary Sewer and Water Main Easement REV.O1/O1/2020
GRANTEE: CITY OF MERIDIAN
Robert E. Simison,Mayor 12-7-2021
Attest by Chris Johnson,City Clerk 12-7-2021
STATE OF IDAHO, )
. ss.
County of Ada )
This record was acknowledged before me on 12-7-2021 (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 3-28-2022
My Commission Expires:
Residing in Meridian, Idaho
Notary for the State of Idaho
Sanitary Sewer and Water Main Easement REV.O1/01/2020
Item#2.
EXHIBIT A
SANITARY SEWER AND WATER LINE EASEMENT
SITUATED IN THE SE'/4 OF SECTION 11,T.3 N.,R. I W.,B.M.,
CITY OF MERIDIAN,ADA COUNTY,IDAHO
An easement situated in the Southeast'/4 of Section 11,Township 3 North,Range 1 West,Boise Meridian,
City of Meridian,Idaho,and being more particularly described as follows:
Commencing at the south'/4 comer of said Section 11,from which the southeast comer of said Section 11
bears South 89°12'50"East 2657.85 feet;
thence North 37°41'38"East 527.58 feet to the POINT OF BEGINNING;
thence North 0°32'39"East 46.00 feet;
thence South 89°09'12"East 301.58 feet;
thence South 092'21"West 20.00 feet;
thence North 89°09'12"West 256.44 feet;
thence South 0°50'48" West 26.00 feet;
thence North 89009'12"West 45.00 feet to the POINT OF BEGINNING.
LAJV®
533-03.doe Page 1 of I
Page 55
Item#2. EXHI BI! B
PLAT TO ACCOMPANY LEGAL DESCRIPTION
FOR SANITARY SEWER AND WATERLINE EASEMENT
SITUATED IN THE SE 1/4 OF SECTION 11
N. T3N R1 W BM
MERIDIAN CITY, ADA COUNTY, IDAHO
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NOT TO SCALE
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S 89'09'12" E 301.58'
PROPOSED
W FRED SMITH STREET J J N 89'09'12" W 256.44'
POB
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W FRANKLIN ROAD 11 12
14 S 89"12'50" E 2657.85' 14 13
LPL LANo LINE TABLE
c1STl R�,`rC�
O<v O LINE LENGTH BEARING
1, 78 1 Ll 46.00' N O"32'39" L
9 L2 20.00' S 0`32'21" W
L3 26.00' S 0'50'48" W
. W F-L�'� E
{ E L4 45.00' N 89'09'12" W
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Page 56
PAGE 1 OF 1 533-EXHIBITS_WATER-SEWER