Adler Industrial Site 32 Sanitary Sewer Easement No. 3 ESMT-2021-0146 (2022-001203) ADA COUNTY RECORDER Phil McGrane 2022-001203
BOISE IDAHO Pgs=5 CHE FOWLER 01/05/2022 08:07 AM
CITY OF MERIDIAN, IDAHO NO FEE
ESMT-2021-0146
Adler Industrial Site 32
Sanitary Sewer Easement No.3
SANITARY SEWER EASEMENT
THIS Easement Agreement, made this 4th day of January 2022 between Adler AB Owner XIII, LLC.
("Grantor"), and the City of Meridian, an Idaho Municipal Corporation("Grantee");
WHEREAS, the Grantor desires to provide a sanitary sewer right-of-way across the premises
and property hereinafter particularly bounded and described; and
WHEREAS, the sanitary sewer 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
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 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.
Item#5.
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:
Michael S. Adler, Manager
STATE OF IDAHO )
) ss
County of Ada )
This record was acknowledged before me on (date) by Michael S.Adler
(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 Adler AB Owner XIII, LLC
(name of entity on behalf of whom record was executed), in the following representative
capacity: Manager (type of authority such as officer or trustee)
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Sanitary Sewer Easement REV. 01/01/2020
Page 199
GRANTEE: CITY OF MERIDIAN
Robert E. Si ison Mayor -4-2022
/ C NNjHIDIAN
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A est by Chri ohnson, f'ity, t 1-4-2022
STATE OF IDAHO, )
. ss.
County of Ada )
This record was acknowledged before me on 1-4-2022 (date) by Robert E. Simison
and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City
Clerk, respectively.
(stamp)
CHARLENE WAY Y g
Notary Signature
COMMISSION#67390 My Commission Expires: 28-2022
NOTARY PUBLIC
STATE OF IDAHO Residing in Meridian Idaho
MY COMMISSION EXPIRES 3128122 Notary for Idaho
Sanitary Sewer Easement REV. 01/01/2020
Item#5.
EXHIBIT A
ADLER INDUSTRIAL
MERIDIAN BUSINESS CENTER SITE 32
SANITARY SEWER-EASEMENT NUMBER 3
SITUATED IN THE SW 1/4 OF THE SW 1/4 OF SECTION 9
T.3 N.,R. 1 E.,B.M.
CITY OF MERIDIAN,ADA COUNTY,IDAHO
A 20 foot wide easement situated in the 2.80 acre parcel and the 6.12 acre parcel as shown on Record Of
Survey Instrument Number 2020-071513 and described in Quitclaim Deed Instrument Number 2020-152713,said
easement also being situated in Lot 1,Block 1 as shown on the plat of Seyam East Subdivision,a recorded
subdivision on file in Book 116 of flats at Pages 17443 through 17447,records of Ada County,Idaho,and further
described as situated in the Southwest 1/4 of the Southwest 1/4 of Section 9,Township 3 North,Range 1 East,Boise
Meridian,City Of Meridian,Ada County,Idaho,and more particularly described as follows:
Commencing at the northeasterly corner of said Lot 1,Block I of Seyam East Subdivision from which the
southeasterly corner of said Lot 1,Block 1 of Seyam East Subdivision bears South 1'3 F51" West 279.27
feet;
thence along the westerly right-of-way of North Truckee Avenue South 1°31'51" West 19.40 feet to the
POINT OF BEGINNING;
thence leaving said westerly right-of-way North 88°28'09"West 71.00 feet to the POINT OF TERMINUS,
comprising 1420 square feet,more or less.
NL N
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538-03.doc Page I of 1
Page 201
EXHIBIT B
N. MAP TO ACCOMPANY LEGAL DESCRIPTION
ADLER INDUSTRIAL
MERIDIAN BUSINESS CENTER SITE 32
SANITARY SEWER-EASEMENT NUMBER 3
SITUATED 1N SEYAM EAST SUBDIVISION
IN THE SW 1/4 OF THE SW 1/4 OF SECTION 9
T3N R1 E BM
CITY OF MERIDIAN, ADA COUNTY, IDAHO
NOT TO SCALE
LOT 2 BLOCK 1 f
SEYAM EAST SUBDIVISION +
I '
6.12,ACRE PARCEL OF gFcrnnrrNc
- - - - L I
N 88'28'09" W W I
2.80 ACRE PARCEL 71 00 N I z
N
i
I I = W
LOT 1 BLOCK 1
mcn I
SEYAM EAST SUBDIVISION
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I I I
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E. FRANKLIN ROAD
LEGEND
EASEMENT CENTERLINE
� �pL LAND
E:7—Z=J EASEMENT G,� GISTER�oG�,
PLATTED LOT LINE G
O
— — PARCEL LINE
RECORD OF SURVEY INST. NO. 2020-071513 LI)
AND QUITCLAIM DFFD INST. NO. 2020-1527IJ yJ,
STREET CENTERLINE �Q)
— — — — — EXISTING EASEMENT l4 Z`
PAGE 1 OF 1 538 EASEMENT EXPage 202