Winco Wells No. 1 ESMT-2022-0228 Sanitary Sewer and Water Main Easement No. 2 (2022-079001) ADA COUNTY RECORDER Phil McGrane 2022-079001
BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 09/14/2022 08:06 AM
CITY OF MERIDIAN, IDAHO NO FEE
ESMT-2022-0228 Winco Wells No. I
Sanitary Sewer and Water Main Easement No. 2
SANITARY SEWER AND WATER MAIN EASEMENT
THIS Easement Agreement, made this_ day of 20 between
Winco Foods, LLC. - ("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:
STATE OF IDAHO )
) ss
County of Ada )
This record was acknowledged before me on Sr/2.1Zn— (date) by
(name of individual), [complete the following if signing in a
representative capac4ty, or strike the following if signing in an individual capacity] on
behalf of W 'tyJ L o �=c,)Js*L« (name of entity on behalf of whom record was
execute(U,an1thor49jlowing representative capacity:_e7-0 (type
of au � cer or trustee)
.•A. 0.••• •
,.w
? pTARy
t(sPUBO-appy G <\ rl
J •. .� .•'• •�, otaty Signature
`'••,q OF'�.•'� My Commission Expires: O 0)-3
Sanitary Sewer and Water Main Easement REV.01/01/2020
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor 9-13-2022
Attest by Chris Johnson,City Clerk 9-13-2022
STATE OF IDAHO, )
ss.
County of Ada )
This record was acknowledged before me on 9-13-2022 (date) by
Robert E. Simison and Chris Johnson on behalf of the City of Meridian, to
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
`` LEGAL DESCRIPTION
:� THE Page 1 OF 1
LAND
GROUP
July 19, 2022
Project No.: 120124
SEWER/WATER EASEMENT
WINCO WELLS SUBDIVISION No.1
WINCO FOODS,LLC
An easement located in the Southwest Quarter of the Southeast Quarter of Section 17,Township 3
North, Range 1 East, Boise Meridian, City of Meridian,Ada County, Idaho, being more particularly
described as follows:
COMMENCING at the South One Quarter Corner of said Section 17, (from which point the Southeast
Corner of said Section 17 bears North 89°46'00"East, 2656.84 feet distant);thence on the south line of
said Section 17,North 89°46'00" East,690.84 feet;thence leaving said south line,North 00°24'05" East,
1057.45 feet, to the POINT OF BEGINNING:
Thence North 84°01'00"West, 15.98 feet;
Thence North 05°59'00" East,20.00 feet;
Thence South 84°01'00" East, 14.02 feet;
Thence South 00°24'05"West, 20.10 feet to the POINT OF BEGINNING.
The above-described easement contains 300 Ft'(0.007 Acres) more or less.
Prepared by:
The Land Group, Inc.
Michael S. Femenia, PLS �pL LA
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07/19/2022
462 East Shore Drive, Suite 100. Eagle, Idaho 83616 208.939 4041 thelandgroupinc corn
Sewer / Water Easement
for
Winco Foods, LLC
Being a Portion of the SW 1/4 of the SE 1/4 of Section 17
Township 3 North,Range 1 East,Boise Meridian
City of Meridian,Ada County,Idaho
�Q— 2022
S84°01100"E 14.02,
N05°59100"E 20.00,
LA
S00024'05"W 20.10, �5tip�NG N N '49"
N84°01'00"W 15.98'-1 I POB-1 w
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SEWER/WATER I a 1
EASEMENT
0.007Acres± £OF
WINCO FOODS,LLC 300 Ft2 I MB OVERLAND WELLS,LLC At S.
2600 E OVERLAND RD 2700 E OVERLAND RD
07/19/2022
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690.84� 1965.99'
N89°46'00"E 2656.84, /
EAST OVERLAND ROAD
S114 SEC. 17 SE COR.SEC. 17
0 80, 160'
Exhibit "B"
Horizontal Scale:l" = 80' Project No.:120124
July 19,2022
THE Sewer / Water Esaemenr
LAND Winco Wells Subdivision r
s L.GROUP Winco Foods, LLC
L.