Apex Southeast Subdivision No. 2 Sanitary Sewer Easement ESMT-2022-0127 (2022-012566) ADA COUNTY RECORDER Phil McGrane 2022-021566
BOISE IDAHO Pgs=6 ANGIE STEELE 03/02/2022 09:21 AM
CITY OF MERIDIAN, IDAHO NO FEE
ESMT-2022-0127 Apex Southeast Subdivision No. 2
Sanitary Sewer Easement
SANITARY SEWER EASEMENT
THIS Easement Agreement, made this 1st day of March , 20 22 between Smith Brighton Inc.
("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.
Sanitary Sewer Easement REV.01/01/2020
Item#3.
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: ITH BRIGHTON INC.
Robert E.Phillips,Vice President
STATE OF IDAHO )
) ss
County of Ada )
This record was acknowledged before me on 2//r7/2022 (date) by Robert L.Phillips
(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 Smith Brighton Inc.
(name of entity on behalf of whom record was executed), in the following representative
capacity: Vice-President (type of authority such as officer or trustee)
(stamp)
Notary Signature
My Commission Expires: L- l-�
SHARIVAUGHAN
Notary Public-State of Idaho
Commission Number 20181002
My Commission Expires Jun 1,2024
Sanitary Sewer Easement REV.01/01/2020
Page 54
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor 3-1-2022
Attest by Chris Johnson, City Clerk 3-1-2022
STATE OF IDAHO, )
. ss.
County of Ada )
This record was acknowledged before me on 3-1-2022 (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 Easement REV. 01/01/2020
Item#3.
km
E N G I N E E R I N G
February 16, 2022
APEX Southeast Subdivision No. 2
Project No. 21-021
Legal Description
City of Meridian Sewer Easement
Exhibit A
A parcel of land for a sewer easement situated in a portion of Government Lot 4 and the
Southwest 1/4 of the Northwest 1/4 of Section 5,Township 2 North, Range 1 East, Boise
Meridian, City of Meridian, Ada County, Idaho being more particularly described as follows:
Commencing at an aluminum cap marking the Northwest corner of said Section 5, which bears
N00°04'35"W a distance of 2,671.16 feet from an aluminum cap marking the West 1/4 corner
of said Section 5,thence following the westerly line of said Section 5, S00'04'35"E a distance of
1,259.39 feet;
Thence leaving said westerly line, N89'53'42"E a distance of 202.90 feet to the POINT OF
BEGINNING.
Thence N89°53'42"E a distance of 25.00 feet;
Thence S00'04'35"E a distance of 128.34 feet;
Thence 31.86 feet along the arc of a circular curve to the left, said curve having a radius of
80.00 feet, a delta angle of 22°49'15", a chord bearing of S52'05'23"W and a chord distance of
31.65 feet;
Thence N00°04'35"W a distance of 147.74 feet to the POINT OF BEGINNING.
Said easement description contains 3,418 Sq. Ft., more or less, and is subject to any existing
easements and/or rights-of-way of record or implied.
Attached hereto is Exhibit B and by this reference is hereby made a part hereof.
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TitleCity of Meridian Sewer Easement Date: 02-14-2022
Scale: 1 inch=30 feet File:220214 Sewer Easement Apex Se No. 2 -City of Meridian 21-021
Tract 1: 0.078 Acres: 3418 Sq Feet:Closure=n02.5806w 0.00 Feet: Precision=1/108124: Perimeter=333 Feet
00 1=n89.5342e 25.00 BnVsS OS wDChd=165915
002=s00.0435e 128.34 004=n00.0435w 147.74
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