Oaks North No. 11 Sanitary Sewer and Water Main Easement A ESMT-2022-0156 (2022-036095) ADA COUNTY RECORDER Phil McGrane 2022-036095
BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 04/13/2022 08:18 AM
CITY OF MERIDIAN, IDAHO NO FEE
ESMT-2022-0156
Sanitaryr
Sanitary Sewer and Water Main Easement
THIS Easement Agreement, made thisl2th day Of April 2022 between
Toll southwest LLC., ("Grantor") and the City of Meridian, an Idaho Municipal Corporation
("Grantee"),-
WHEREAS,EREAS, the Grantor desires to provide a sanitary sewer and water plain 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 ether 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 L , the said easement and right-of-way into 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:
Susan Stanley,Idaho Division President
STATE OF IDAHO )
) ss
County of Ada )
This record was acknowledged before me on (date) by
Susan Stanley (name of individual), [complete the following if signing in
a representative capacity, or strike the following if signing in an individual capacity]
on behalf af Toil southwest LLc (name of entity on behalf of whom
record was executed), in the following representative capacity: Idaho Division President
(type of authority such as officer or trustee)
T1j&1�1,,
:�-: ''•`�`.P'; (stamp) —
NOTARCA y
= tary Signature
:C)opuB��D%: - My Commission Expires:
pry O
Sanitary Sewer and Water Main Easement REV.01/01/2020
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor - -
Attest by Chris Johnson, City Clerk 4-12-2022
STATE OF IDAHO, )
ss.
County of Ada )
This record was acknowledged before me on 4-12-2022 _(date) by
Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in
their capacities as Mayor and City Clerk, respectively.
Notary Signature
My Commission Expires: 3-28-2028
Sanitary Sewer and Water Main Easement REV.01/01/2020
EXHIBIT A
CITY OF MERIDIAN SANITARY SEWER & WATER EASEMENT
THE OAKS NORTH SUBDIVISION NO. 11
LOCATED IN THE SE 1/4 OF THE NE 1/4 OF SECTION 28, T4N, R1W, BM
MERIDIAN, ADA COUNTY, IDAHO 21 22
W. CHINDEN BLVD.
CURVE TABLE 28 27
CURVE # LENGTH RADIUS DELTA BEARING CHORD
C1 12.16' 85.50' 8'08'52" N43'10'39"E 12.15' I
C2 41.30' 114.50' 20'39'51" S49'26'09"W 41.07'
�IN39'06'13"E
8.74'
5S, N
pRpppSEp Np 1� �� �900,�F w
RAN S�Bp CD
N
pPKS Np S39'06'13"W �;I
NO'36'34"E 36.14' G`L 8.74 Z
POINT OF BEGINNING
1,037 SF
0.024 ACRES \ \ I o
JpMP pRENp• 3 �
� � IY
N
w U
I Q
� m
o \ Z
z
j I
CE 1/16 _ _ N89'21'0_0"W 1312.81' V�28 4
--� � 27
3 U-0
�o�oz
r-p cn a
cMD M (n W
N Qm
N m
NPR LAND 0' 40' 80, 160' W. McMILLAN RD 28 27
�G T R G,AG 33 34
O
8 O
0Nf�'(�Z(�OZLLa n
91uti"Ons
TF OF ��P 5� Land Surveying and Consulting
`, 231 E.5TH ST.,STE.A
TON W ``�� MERIDIAN,ID 83642
(208)288-2040 (208)288-2557 fax
www.landsolutions.biz JOB ND.78-35
EXHIBIT B
Legal Description
City of Meridian Sanitary Sewer & Water Easement
The Oaks North Subdivision No. 11
An easement located in the SE % of the NE % 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 NE % (E %4 corner) of
said Section 28, from which a Brass Cap monument marking the southeast corner of said Section 28
bears S 0°31'00" W a distance of 2637.37 feet;
Thence N 89021'00" W along the south boundary of said NE % a distance of 1312.81 feet to a 5/8
inch diameter iron pin monument marking the southwest corner of the SE % of said NE '/4;
Thence along the west boundary of said SE % of the NE '/4 N 0036'34" E a distance of 241.62 feet to
the POINT OF BEGINNING;
Thence continuing along said west boundary N 0036'34" E a distance of 36.14 feet to a point on a
curve;
Thence leaving said boundary a distance of 12.16 feet along the arc of an 85.50 foot radius non-
tangent curve left, said curve having a central angle of 8008'52" and a long chord bearing N 43'10'39"
E a distance of 12.15 feet to a point of tangency;
Thence N 39006'13" E a distance of 8.74 feet to a point;
Thence S 50053'47" E a distance of 29.00 feet to a point;
Thence S 39006'13" W a distance of 8.74 feet to a point of curvature;
Thence a distance of 41.30 feet along the arc of a 114.50 foot radius curve right, said curve having a
central angle of 20039'51" and a long chord bearing S 49026'09" W a distance of 41.07 feet to the
POINT OF BEGINNING.
This easement contains 1,037 square feet (0.024 acres) and is subject to any other easements
existing or in use.
Clinton W. Hansen, PLS PL LA NOS
Land Solutions, PC \S T R GAG
August 6, 2021 A
0
� 11118 �
v(o 21
qT F OF
TON W Np
The Oaks North Subdivision No. 11
La-n,d 5 0-111t10!15 Meridain Sewer&Water Easement
k�,_ Land surveying and Consulting
Job No. 18-35
Page 1 of 1