Apex SE Subdivision No.2 Sanitary Sewer Easement No. 1 ESMT-2022-0195 (2022-063223) ADA COUNTY RECORDER Phil McGrane 2022-063223
BOISE IDAHO Pgs=8 BONNIE OBERBILLIG 07/13/2022 08:43 AM
CITY OF MERIDIAN, IDAHO NO FEE
ESMT-2022-0195 Apex SE Subdivision No. 2
Sanitary Sewer Easement No. 1
SANITARY SEWER EASEMENT
THIS Easement Agreement, made this 12th day of 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 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 pat-ties of the first part have hereunto subscribed their
signatures the day and year first herein above written.
GRANTOR: SMITH BRIGHTON INC.,
an Idaho corporation
Robert L. Phi lips, Vice President
STATE OF IDAHO )
) ss
County of Ada )
This record was acknowledged before me on 6/20/2022 (date) by Robert L. Phillips
(name of individual), [complete the following if signing in a r•epresentative capacity, or• strike
the following if signing in an incliviclual 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) �_L.
5HARI VAUGHAN Notary Signature
Notary Public-State of Idaho My Commission Expires:
Commission Number 20181002
My Commission Expires Jun 1, 2024
Sanitary Sewer Easement REV. 01/01/2020
8
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E N G I N E E R I N G
June 17, 2022
APEX Southeast Subdivision No. 2
Project No. 21-021
Legal Description
City of Meridian Sewer Easement
Exhibit A
Parcels 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
1,711.48 feet;
Thence leaving said westerly line, N89`55'25"E a distance of 202.90 feet to POINT OF
BEGINNING 1.
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°14'34"E and a chord distance of
31.65 feet to a point hereinafter referred to as POINT "A";
Thence S00°04'35"E a distance of 256.72 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 295.55 feet to POINT OF BEGINNING 1.
Said parcel contains 6,836 Sq. Ft., more or less.
TOGETHER WITH:
Commencing at a point previously referred to as POINT"A",thence N81°57'26"E a distance of
982.12 feet to POINT OF BEGINNING 2.
Thence N00°01'43"W a distance of 24.00 feet;
Thence N89°53'42"E a distance of 130.00 feet;
Thence 500'01'43"E a distance of 24.00 feet;
Thence S89'53'42"W a distance of 130.00 feet to POINT OF BEGINNING 2.
Said parcel contains 3,120 Sq. Ft., more or less.
5725 North Discovery way • Boise, Idaho 83713 • 208.639.6939• kmengllp.com
Said description contains a total of 9,956 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.
a 12459 0
OF 4.
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A Situated in a portion of Government Lot 4 and the SW 1/4 of the NW
Z o 0 1/4 of Section 5, T2N, R1E, B.M., City of Meridian, Ada County, Idaho
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Title: EXHIBIT B Date: 06-17-2022
Scale: 1 inch=60 feet File: Deed Plotter.des
Tract 1: 0.157 Acres: 6836 Sq Feet:Closure=n05.2803w 0.00 Feet: Precision=11614870: Perimeter=616 Feet
001:LL R=80.00,Delta=22.4915 003:LR R=80.00,Delta=22.4915
Bng=s52.1434e,Chd=31.65 Bng=02.0523w,Chd=31.65
002=s00.0435e 256.72 004=n00.0435w 295.55
Title: EXHIBIT B Date: 06-10-2022
Scale: 1 inch=20 feet File:Deed Plotter.des
Tract 1: 0.072 Acres: 3120 Sq Feet:Closure=n00.0000e 0.00 Feet: Precision>1/999999: Perimeter=308 Feet
001=n00.0143w 24.00 003=s00.0143e 24.00
002=n89.5342e 130.00 004=s89.5342w 130.00