Shelburne South No. 1 and No. 2 ESMT-2022-1028 Sanitary Sewer Easement (2022-023795) ADA COUNTY RECORDER Phil McGrane 2022-023795
BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 03/09/2022 08:17 AM
CITY OF MERIDIAN, IDAHO NO FEE
2
ESMT-2022-0128 Shelburne South No. 1 and No. 2
Sanitary Sewer Easement No. 2
SANITARY SEWER EASEMENT
THIS Easement Agreement, made this 8th day of.March . 20 22 between SHELBURNE PROPERIES 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 EX ITS 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 V. 0 1/0 1/2020
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-
1�Y1�61�0�-
STATE OF I�p )
) ss
County of.Adt- )
l \a-►% aq c►-
This record was acknowledged before me on (date) by R(Jy qPS . -.JOI 1'[jT'
(name of individual), [complete the following if signing in a represen ative capacity, or strike
the following if signing in an individual capacity] on behalf of eo tcc-
(name of en 't on behalf f whom record was executed), in the following representative
capacity: jWjwL YI %111WI film. (type of authority such as officer or trustee)
(stamp)
4- -
NotarMEGHAN E SMITH Expires: rot no
NOTARY PUBLIC-ARIZONA
q.'' 4 MARICOPA COUNTY
COMMISSION#578551
r tiY COMMISSION EXPIRES
March 9,2024
Sanitary Sewer Easement REV. 0 1/0 1/2020
GRANTEE. CITY OF MERIDIAN
Robert E. Simison, Mayor 3-8-2022
Attest by Chris Johnson, City Clerk 3-8-2022
STATE OF IDAHO, }
: ss.
County of Ada )
This record was acknowledged before me on 3-8-2022 (date) by Robert F_ Si.,,ison
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
I
Sanitary Sewer Easement REV.01/01/2020
EXHIBIT B SANITARY SEWER EASEMENT
PROPOSED SHELBURNE SOUTH SUBDIVISION
FREEMAN FAMILY TRUST PARCEL
LOCATED IN THE SW 1/4 OF THE SE 1/4 OF SECTION 28
T.3N., R. 1 E., B.M., MERIDIAN, ADA COUNTY, IDAHO
I
CS 1/16
I I
I
I
I
FREEMAN FAMILY TRUST
PARCEL NO. S1128438586.
I
I
o I ——— S89'14'43"E 238.11' 3-
-——— o
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o o
CN
z N89'14'43"W 238.03'
POINT OF BEGINNING
I PERMANENT EASEMENT
4,761 SF - 0.109 ACRES �NNL LANA
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MERIDIAN JOINT SCHOOL \!�, T R sG'PG
DISTRICT NO. 2 I a'
PARCEL NO. S1128346800 111 8 �
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28 _ S89'14'43"E 2660.54' _E. AMITY_ RD. 28 27
1/4 57-
33 - - BASIS OF BEARING 33 34
y
1ons
0 50 100 200
ELan4?1U
veying and Consulting
231 E.5TH ST.,STE.A
MERIDIAN,ID 83642
(208)288-2040 (208)288-2557 fax
www.Iandsolu[ions.biz JOB qn ig-ng
Page 91
EXHIBIT A
Legal Description
Permanent Sewer Easement
Freeman Family Trust Parcel
Proposed Shelburne South Subdivision
An easement located in the SW Y4 of the SE % of Section 28, Township 3 North, Range 1 East,
Boise Meridian, Ada County, Idaho, and more particularly described as follows:
Commencing at a Brass Cap monument marking the southwest corner of the SE %of said Section
28, from which an Aluminum Cap monument marking the southeast corner of said SE %4 bears S
89014'43" E a distance of 2660.54 feet;
Thence N 0031'14" E along the west boundary of said SE %4 a distance of 940.13 feet to the
POINT OF BEGINNING;
Thence continuing N 0031'14" E along said boundary a distance of 20.00 feet to a point;
Thence leaving said boundary S 89d14'43" E a distance of 238.11 feet to a point;
Thence S 0045'17" W a distance of 20.00 feet to a point;
Thence N 89°14'43" W a distance of 238.03 feet to the POINT OF BEGINNING.
This easement contains 4,761 SF (0.109 acres) and is subject to any other easements existing
or in use.
Clinton W. Hansen, PLS
Land Solutions, PC NPR LANp
March 19, 2019 s
QQ �
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j�9TF OF
T�NW . NP
Shelbourne South—Sewer Easements
Q_�'--Land Survey(ng and Consulting Freeman Parcel-Perm
Job No. 19-08
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