The Oaks North No. 9 Sanitary Sewer and Water Main Easement ESMT-2022-0116 (2022-018613) ADA COUNTY RECORDER Phil McGrane 2022-018613
BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 02/23/2022 08:51 AM
CITY OF MERIDIAN, IDAHO NO FEE
ESMT-2022-0116
The Oaks North No. 9
r t a
THIS Easement Agreement, made this 22 day of February ZQ-22 between
Lionwood Properties,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.
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:
J mes W.Smith,Manager
STATE OF IDAHO )
ss
County of Ada )
\IAN" � 4
This record was acknowledged before me on (date) by
-LiAm-e6 to Sm+ I h (name of individual), [complete the fallowing if signing in a
representative capacity, or strike the following if signing in an individual capacity] on
behalf of Lionwood Properties,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)
a
Y SMITH
#23655 RLIC OF IDAHO
N EXPIRES 02/161202, Notary Signs re
WV My Commission Expires: l�
Sanitary Sewer and Water Main Easement REV.01/01/2020
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor 2-22-2022
Attest by Chris Johnson, City Clerk 2-22-2022
STATE OF IDAHO, )
ss.
County of Ada )
This record was acknowledged before me on 2-22-2022 Oate) 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 % corner)
of said Section 28, from which a Brass Cap monument marking the southwest corner of said
Section 28 bears N 89°16'58" 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 % corner) of said
Section 28;
Thence along the west boundary of the NE%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 77058'13" E a distance of 27.00 feet to a point;
Thence S 12001'47" W a distance of 20.00 feet to a point;
Thence N 77058'13" 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 a��I- LA ND
Land Solutions, PC
October 5, 2021
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Ult7&f�o1utflDnS The Oaks North Subdivision No.9
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., RAW., B.M.
MERIDIAN, ADA COUNTY, IDAHO
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540 SF / 0.012 ACRES
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29 28 2fi35.25' 1/4 Z
N88'1fi'S8"we 28 _ _ W. McMILIAN ROAD 28 27
32 33 BA515 QF 33 S89'16'45"E 2635.54'
BEARING 33 34
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Land Surveying and Consulting
231 E 5TH ST,STE A
MERIDIAN,ID 83642
(206)2ee-2040 (208)286-2557 fax SHEET 1 OF 1
www landsolutions biz JOB NO I8-35