Records Apartments Sanitary Sewer and Water Main Easement No. 1 ESMT-2022-0251 (2022-093381) ADA COUNTY RECORDER Phil McGrane 2022-093381
BOISEIDAHO Pgs=5 NIKOLA OLSON 11/16/2022 10:48 AM
CITY OF MERIDIAN, IDAHO NO FEE
ESMT-2022-0251 Records Apartments
Sanitary Sewer and Water Main Easement No. 1
SANITARY SEWER I—D WATER
THIS Easement Agreement, made this 15th day of November,2022 between
flarMax Auto Superstores Jxtc ("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, ifs 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:
NameROe:K.Douglass rs,Vi•Presitlent.Real Estate,CarMax Auto Superstores,Inc. —
STATE OF I O )
) ss
County of Ada )
This record was acknowledged before me on t t2t{2,cZa(date) by
K.Douglass Moyers (name of individual), [complete the following if signing in a
representative capacity, or strike the following if signing in an individual capacity] on
behalf of CarMax Auto Superstores,Inc. (name of entity on behalf of whom record was
executed), in,tjw,fpj,,lowing representative capacity:Vice President,Real Estate (type
of authcoit�suc1ft/4eVR�.er or trustee)
PUBLIC
s888180 •
? n�: ISSION
EXPIRES a
s ?1/2024 '
Notary Signature
'�F`���.•� My Commission Expires:
Sanitary Sewer and Water Main Easement REV.01/0 1/2020
GRANTEE: CITY OF MERIDIAN
RobertE. Sim ayor 1-15-2022
0-((11` t1D v
�estby Chr ohnson.' it r l9/ -2022
STATE OF IDAHO, )
. ss.
County of Ada )
This record was acknowledged before me on 11-15-2022 (date) by
Robert E. S i m i s o n and Chris Johnson on behalf of the City of Meridian, in
their capacities as Mayor and City Clerk,respectively.
CHARLENE WAY
COMMISSION No. 67390 Cha&ycWM
NOTARY PUBLIC Notary Signature
STATE OF IDAHO My Commission Expires:�P3-28-2028
Sanitary Sewer and Water Main Easement REV.01/01/2020
LEGAL DESCRIPTION
Page 1 of 1
0- LAND
-W GROUP
September 14, 2022
Project No. 115064
Exhibit"A"
CARMAX AUTO
UTILITY EASEMENT DESCRIPTION
An easement located in the Southeast One Quarter of Section 4, 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 Section 4 of said Township 3 North, Range 1 East, (from
which point the Southwest Corner of said Section 4 bears North 89°46'17" West, 2659.51 feet distant);
Thence North 00°09"04" East, a distance of 55.26 feet on the north-south mid-section line of said Section
4 to a point on the Northerly Right-of-Way line of East Fairview Avenue;
Thence continuing North 00°09'04" East, a distance of 250.71 feet on the north-south mid-section line of
said Section 4 to the POINT OF BEGINNING;
Thence North 00°09'04" East, a distance of 486.26 feet on the said north-south mid-section line
to a point on the southerly right of way line of East Elden Gary Street;
Thence South 89°59'29" East, a distance of 14.51 feet on the right of way line of East Elden Gary
Street;
Thence South 00°10'03" West, a distance of 46.18 feet;
Thence North 90°00'00" East, a distance of 10.97 feet;
Thence South 00°00'00" East, a distance of 20.00 feet;
Thence North 90°00'00" West, a distance of 11.03 feet;
Thence South 00'09'04" West, a distance of 357.35 feet;
Thence South 89°51'24" East, a distance of 169.43 feet;
Thence North 67'30'00" East, a distance of 12.28 feet;
Thence North 22'30'00" West, a distance of 47.43 feet;
Thence North 67'30'00" East, a distance of 20.00 feet;
Thence South 22°30'00" East, a distance of 67.43 feet;
Thence South 67°30'00" West, a distance of 36.28 feet;
Thence North 89'51'24" West, a distance of 173.44 feet;
Thence South 00'09'04" West, a distance of 42.77 feet;
Thence North 89°50'56" West, a distance of 14.50 feet to the POINT OF BEGINNING.
PREPARED BY:
THE LAND GROUP, INC. OPAL ANDS
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9-14-2022
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James R. Washburn R.WA�
462 Fast Shorn f:n e FF,iitea 100 F-aF; e, !dahu 83616 208-939 4041
� AL za L1 E. Elden Gray St. — — —
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Line Table W �N
SINE BEARING LENGTH C2 coR 0 S 10826
W I Parcel No.S1104438755
L1 S89059'29"E 14.51' o51
o
of to
L2 S00°10'03"W 46.18' 72 z 1 1 U)
L3 N90000'0011E 10.97' 1
L4 S00°0010011E 20.00' 1 I L8
I
1 1 L7
L5 N900 00 00 W 11.03 1 1 L6 �L9
S89051'2411E 169.43'
L6 N67o 30'OOi'E 12.28; I � ° 1 II '
L7 N22 30 00 W 47.43 1 N89 5124 W 173.44 - ��10
I o
L8 N67030100"E 20.00' _S00°09'04"W 42,77' N
L9 S22°30'00"E 67.43' POB L11
L10 S67030'00"W 36.28'
----N00009'04"E 250.71'
L11 N89°50'56"W 14,50'
TIE LINE — — — —
N00°09'04"E 55.261_, E. Fairview Avenue
S89°46'171-E 2659.51' _ _S89°46'39"E 2658.62' _
S 1/4 CORNER
SW CORNER SECTION 4 SE CORNER
4
s SECTION 4 SECTION 4
E Utility Easement 100
200'
Horizontal Scale: 1" = 100' Project No.:115064
Date of Issuance:09-14-2022
THE City of Meridian Utility Easement ao
Ea LAND CarMax Auto Superstores, Inc. x
�o GROUP LU
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