Concrete Construction Supply Sanitary Sewer and Water Main ESMT-2022-0250 (2022-090567) ADA COUNTY RECORDER Phil McGrane 2022-090567
BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 11/02/2022 09:18 AM
CITY OF MERIDIAN, IDAHO NO FEE
ESMT-2022-0250 Concrete Construction Supply
SANITARY SEWER AND WATER MAIN EASEMENT
THIS Easement Agreement, made this 1 st day of November 20 22 between
Concrete Construction Supply, Inc. ("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,
its 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
ESMT-2022-0250 Concrete Construction Supply
SANITARY SEWER AND WATER MAIN EASEMENT
THIS Easement Agreement, made this 1 st day of November 20 22 between
("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,
its 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 may fence the easement area, so long as: (1) the
primary vehicular access gate is daisy chained with a Water Utility padlock and a
Wastewater Utility padlock provided by the Grantee (collectively "padlocks"); (2) the
padlocks are properly utilized to ensure the functionality of the daisy chain; and (3) the
Grantor installs and maintains signage on or near the primary vehicular access gate with
the Grantor's emergency contact information. The Grantor may store equipment in the
easement area, but shall, at the Grantee's request, timely move said equipment to provide
access to the sanitary sewer and water mains and their allied facilities. If the Grantor is
unable or unwilling to timely move the equipment, the Grantee is authorized to move said
equipment at the Grantor's expense.
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.
[End of Text-- Signatures to Follow]
Sanitary Sewer and Water Main Easement REV.01/01/2020
GRANTOR:
STATE OF ID HO }
) S5
County of Ada )
This record was acknowledged before me on 11D zo7_:z-(date) by
name of individual), [complete the following if signing in a
representative capacity, or strike the followh'iga if sighing in an individual capacity] on
behalf of Concrete Construction Supply,Inc.(name of entiq on behalf of M hom record was
executed), in the following representative capacity: U;Cg,'TTsl (type
of authority such as officer or trustee)
(stamp)
No ignatu it
My om�nission expires: -4 d? a b
Jt1LIA JILL METZ
Notary Public-state of Idaho
Commission Number 15756
My Commission Expires 02-07-2027
Sanitary Sewer and Water Main Easement REV.01/01/2020
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor 11-1-2022
Attest by Chris Johnson, City Clerk 11-1-2022
STATE OF IDAHO, )
: ss.
County of Ada )
This record was acknowledged before me on 11-1-2022 (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
Job No. 2020-229
J.B.F.
10-11-22
BOUNDARY DESCRIPTION
FOR
CITY OF MERIDIAN
Utility Easement
A portion of the vacated right-of-way of;Nola Road that is located in the Southwest%of Section 8,
Township 3 North, Range 1 East of the Boise Meridian,City of Meridian,Ada County, Idaho described as:
Commencing at the Southwest corner of Lot 1, Block 1, Layne Industrial Park Subdivision that is located
in the Southwest%of Section 8,Township 3 North, Range 1 East of the Boise Meridian,City of Meridian,
Ada County, Idaho and running thence N88"57'09"W 18.32 feet along the North right-of-way line of the
Union Pacific Railroad to the Point of Beginning;thence N88*57'09"W 46.69 feet along said North right-
of-way line to a found 5/8" rebar;thence N130*03'43"W 9.27 feet to a found 5/8" rebar(said point being
on a curve);thence Westerly 38.04 feet along said curve to the right(Curve data: Radius=62.00', Delta=
35*09'09", Chord Bearing and Distance= N72*17'36"W 37.44 feet);thence S88*57'09"E 42.38 feet;
thence N00°01'36"E 293,.97 feet to a found X" rebar;thence N89"39'38"E 40.00 feet;thence
S00°01'36"W 314.94 feet to the Point of Beginning.
Easement contains 12,,976 square feet or 0.30 acres, more or less.
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