Hill's Century Farm Commercial Subdivision No. 2 Sanitary Sewer and Water Main No. 1 ESMT-2022-0003 (2022-006428) ADA COUNTY RECORDER Phil McGrane 2022-006428
BOISE IDAHO Pgs=7 LINDSAY WHEELER 01/19/2022 10:17 AM
CITY OF MERIDIAN, IDAHO NO FEE
ESMT-2022-0003
Hill's Century Farm Commercial Subdivision No,2
Sanitary Sewer and Water Main Easement No.1
SANITARY SEWER AND WATER MAIN EASEMENT
THIS Easement Agreement, made this 18thday of January 2022 between
Brighton Development Inc. ("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 Page 0Q.
Item#3.
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: BRIGHTON DEVELOPMENT INC.
Jo at an .Wardle,President
STA F IDAHO )
) ss
County of Ada )
This record was acknowledged before me on (date) by
Jonathan D. Wardle (name of individual), [complete th following if signing in a
representative capacity, or strike the following if signing in an individual capacity] on
behalf of Brighton Development Inc. (name of entity on behalf of whom record was
executed), in the following representative capacity: President (type
of authority such as officer or trustee)
(slam
SHARIVAUGHAN juwL
Notary Public-State of Idaho Notary Signature
Commission Number 20181002 My Commission Expires:
My Commission Expires Jun 1,2024
Sanitary Sewer and Water Main Easement REV.01/01/2020 Page 81
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor 1-18-2022
Attest by Chris Johnson, City Clerk 1-18-2022
STATE OF IDAHO, )
. SS.
County of Ada )
This record was acknowledged before me on 1-18-2022 (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)
Notary Signature
My Commission Expires: 3-28-2022
Sanitary Sewer and Water Main Easement REV.01/01/2020 Page 82
Item#3.
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E N G I N E E R I N G
January 4,2022
Project No.:21-200
Hill's Century Farm Commercial Subdivision No.2
City of Meridian Sewer and Water Easement
Legal Description
Exhibit A
A parcel of land being a portion of the Northeast 1/4 of the Northwest 1/4 of Section 33,Township 3
North, Range 1 East, B.M.,City of Meridian,Ada County, Idaho being more particularly described as
follows:
Commencing at an aluminum cap marking the Northwest corner of said Section 33, which bears
N89°15'22"W a distance of 2,660.62 feet from a brass cap marking the North 1/4 corner of said Section
33,thence following the northerly line of the Northwest 1/4 of said Section 33,S89'15'22"E a distance
of 1,530.40 feet to a 5/8-inch rebar marking the Northeast corner of Hill's Century Farm North
Subdivision No. 1 (Book 121 at Page 18903);
Thence leaving said northerly line and following the easterly boundary of said Hill's Century Farm North
Subdivision No. 1 the following four(4)courses:
1. S00°44'38"W a distance of 39.00 feet to a brass plug;
2. S45°30'25"W a distance of 20.61 feet to a 5/8-inch rebar;
3. S00°16'11"W a distance of 114.14 feet to a 5/8-inch rebar;
4. 9.81 feet along the arc of a curve to the left,said curve having a radius of 268.50 feet,a delta
angle of 02°05'38", a chord bearing of S00°46'38"E and a chord distance of 9.81 feet to the
northerly line of an existing City of Meridian sewer and water easement recorded as instrument
n u m be r 2021-096846;
Thence following said northerly line,S89'15'22"E a distance of 52.83 feet to the POINT OF BEGINNING.
Thence leaving said northerly line, S89°15'22"E a distance of 122.27 feet;
Thence N00°44'38"E a distance of 10.55 feet;
Thence S89'15'22"E a distance of 20.00 feet;
Thence S00°44'38"W a distance of 10.00 feet;
Thence S89°15'22"E a distance of 131.87 feet to the westerly line of an existing City of Meridian sewer
and water easement recorded as instrument number 2021-109694;
Thence following said westerly line,S00'44'38"W a distance of 20.00 feet;
Thence leaving said westerly line, N89°15'22"W a distance of 37.88 feet;
Thence S00°44'38"W a distance of 12.00 feet;
Thence N89°15'22"W a distance of 84.00 feet;
Thence S00°44'38"W a distance of 10.00 feet;
Thence N89°15'22"W a distance of 20.00 feet;
Thence N00°44'38"E a distance of 9.45 feet;
Thence N89°15'22"W a distance of 132.27 feet to the easterly line of said City of Meridian sewer and
water easement recorded as instrument number 2021-096846;
Thence following said easterly line, N00°44'38"E a distance of 32.00 feet to the POINT OF BEGINNING.
5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939 • kmengllp.com Page 83
Item#3.
Said parcel contains a total of 8,724 square feet, more or less,and is subject to all existing easements
and/or rights-of-way of record or implied.
Attached hereto is Exhibit B and by this reference is made a part hereof.
All subdivisions,deeds,record of surveys,and other instruments of record referenced herein are recorded
documents of the county in which these described lands are situated.
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Hill's Century Farm Commercial Subdivision No.2 PAGE 12 Page 84
Item#3.
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Item#3.
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Title: City of Meridian Sewer and Water Easement 21-200 Date: 12-08-2021
Scale: 1 inch=40 feet File:
Tract 1: 0.200 Acres: 8724 Sq Feet:Closure=s89.1522e 0.01 Feet: Precision=1/65229: Perimeter=652 Feet
001=s89.1522e 122.27 006=s00.4438w 20.00 011=n89.1522w 20.00
002=n00.4438e 10.55 007=n89.1522w 37.88 012=n00.4438e 9.45
003=s89.1522e 20.00 008=s00.4438w 12.00 013=n89.1522w 132.27
004=s00.4438w 10.00 009=n89.1522w 84.00 014=100.4438e 32.00
005=s89.1522e 131.87 010=s00.4438w 10.00
Page 86