Records East Subdivision Lot 2, Block 1 Sanitary Sewer and Water Main Easement No. 1 ESMT-2022-0170 ( 2022-048296) ADA COUNTY RECORDER Phil McGrane 2022-048296
BOISE IDAHO Pgs=5 ANGIE STEELE 05/19/2022 09:44 AM
CITY OF MERIDIAN, IDAHO NO FEE
ESMT-2022-0170 Records East Subdivision Lot 2,
Block 1
Sanitary Sewer and Water Main Easement No. 1
SANITARY SEWER AhM AAUR MAIN EASE ' 'LYT
THIS Easement Agreement, made this-day of May'18th 20 22 between
WAL-MART REAL ESTATE BUSINESS TRUST ("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.0 1/0 1/2020
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:
fG• � Grp ' ' roe-ZG�
WAL-MART REAL ESTATE BUSINESS TRUST,
a Delaware statutory trust
STATE OF ARKANSAS )
) ss
COUNTY OF BENTON )
This instrument was acknowledged before me a Notary Public,on / I v •2022
by_C � -��G(/ the_ of
WAL-MART REAL ESTATE BUSINESS TRUST, a Delaware statutory trust.
LINDA ST�EL.L..,J1ES
NOTARY W&W
BENTON COUNTY,ARKANSAS
COMM.EXP.12101/27 Notary Signature
COMMISSION NO.12703323
My Commission Expires:
Sanitary Sewer and Water Main Easement REV.01/01/2020
GRANTEE:. CITY O .,MERIDIAN
By Brad Hoaglun, ouncil President
Robert E. Simison, Mayor 5-18-2022
Attest by C s John ' y Clerk - - 022
STATE OF IDAHO, )
: ss.
County of Ada )
This record was acknowledged before me on 5-18-2022 (date) by
Brad Hoag 1 u n and Chris Johnson on behalf of the City of Meridian, in
their capacities as Council President and City Clerk, respectively.
CHARLENE WAY 0-ia&ycW
COMMISSION No. 67390 Notary Signature 3-28-2028
NOTARY PUBLIC My Commission Expires.:
STATE OF IDAHO
Sanitary Sewer and Water Main Easement REV.01/01/2020
Page 81
Item#3.
EXHIBIT A
RECORDS EAST SUBDIVISION-City of Meridian Sewer and Water Easement
A easement being located in the NE X of the NW X of Section 9,Township 3 North, Range 1 West, Boise
Meridian,Ada County, Idaho,and more particularly described as follows:
Beginning at a point on a west line of a Sewer and Water Easement as shown on the plat of Records East
Subdivision, Book 80, Page 8654,which is 60.00 feet South 0°48'14"West and South 0°47'40"West
744.43 feet and 48.77 feet South 89°40'38"East from the North Quarter Corner of said Section 9;
Thence South 89°40'38" East 20.00 feet to the east line of said Easement;thence South 0°19'22"West
10.57 feet;thence South 89°33'01" East 146.39 feet;thence North 45°26'59" East 15.10 feet;thence
South 22°04'12" East 21.64 feet;thence South 45°26'59"West 15.11 feet;thence North 89°33'01"West
174.63 feet;thence North 0°19'22" East 30.53 feet to the point of beginning.
The parcel contains 3,923 sq.ft.or 0.090 acres.
0 04p.L I.AIVO
`CeNSF�G,P�
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CC 0142
OF 0
RRON P1��
Jerron R.Atkin II
Professional Licensed Surveyor
Idaho: 20142
Page 82
Item#3.
Sewer and Water Main
Easement 8k 80, Fig 8654
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Walmart-#2862 Meridian, ID Project No: LKA002862
Sewer and Water Easement Drawn By: BRA Galloway
Records East Subdivision
4051 E.Fairview Ave Checked By: 3R' 515 South 700 East,Suite 3F
EXHIBIT B Date: 02/0312022 San 9511357.G.11Lake City.UT z
SOf.953.1357•GaIlQwayUS.mm
Page 83