Rustler Subdivision Sanitary Sewer and Water Main Easement ESMT-2022-0261 (2023-000322) ADA COUNTY RECORDER Phil McGrane 2023-000322
BOISEIDAHO Pgs=6 VICTORIA BAILEY 01/04/2023 09:15 AM
CITY OF MERIDIAN, IDAHO NO FEE
ESMT-2022-0261 Rustler Subdivision
ARY SEA ARj AN MENT
THIS Easement Agreement, made this 3rd ay of January 2023 between
Wendell&Katheen Lawrence("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 ofsanitary
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 V.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.
G N OR:
\ J /
Wendell Lawrence K theen Lawren
STATE OF IDAHO )
) ss
County of Ada )
This record was acknowledged before me on_l/ (date) by
_Wendell Lawrence & Kathleen Lawrence, husband and wife, property owners.
s am
G&V SENNETT
COMMISSION#39672
NOTARyPUBUC N tary Signature
STATE:Of IDAW My Commission Expires:
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GRANTEE: CITY OF MERIDIAN
Robert E. Simison,Mayor 1-3-2023
Attest by Chris Johnson,City Clerk 1-3-2023
STATE OF IDAHO, )
) ss.
County of Ada )
This record was acknowledged before me on_ 1-3-2023 (date) by
Robert E.Simison and Chris Johnson on behalf of the City of Meridian,intheir
capacities as Mayor and City Clerk, respectively.
Notary Signature 3-28-2028
My Commission Expires:
Sanitary Sewer and Water Main Easement Page 3 of 6 REV.01/01/2020
EXHIBIT A
Description for the City of Meridian
Sanitary Sewer and Water Easement
AN AREA OF LAND BEING THE EASTERLY 25 FEET OF LOT 7,BLOCK 1,STETSON ESTATES
NO.2 SUBDIVISION,AS FILED IN RECORDS OF ADA COUNTY IN BOOK 8 OF PLATS AT PAGES
8563,8564,8565 AND 8566,IN THE WEST 1/2 OF SECTION 26,TOWNSHIP 3 NORTH,RANGE 1
WEST,BOISE MERIDIAN,BOISE CITY,ADA COUNTY,IDAHO,AND MORE PARTICULARLY
DESCRIBED AS FOLLOWS;
COMMENCING AT A BRASS CAP MARKING THE NORTH 1/4 QUARTER CORNER OF
SAID SECTION 26 BEING S89034'06"E 2655.19 EAST OF A BRASS CAP MARKING THE
NORTHWEST CORNER OF SAID SECTION 26;THENCE N 89°34'06"W 1327.33 FEET ALONG THE
NORTHERLY BOUNDARY OF THE NORTHWEST 1/4 OF SAID SECTION TO A POINT MARKING
THE WEST 1/16TH CORNER OF SAID SECTION;THENCE S 0003'25"W 1328.54 FEET ALONG THE
WESTERLY BOUNDARY OF THE NE'/a NW '/4 OF SAID SECTION TO A 5/8-INCH REBAR
MARKING THE NORTHWEST 1/16TH CORNER OF SAID SECTION AND NORTHWEST CORNER OF
SAID LOT 7 TO A 5/8"REBAR;THENCE S 89'39'11"E 582.01 FEET ALONG THE NORTH
BOUNDARY OF SAID LOT 7 TO A 5/8-INCH REBAR ON THE WESTERLY RIGHT-OF-WAY OF S.
RUSTLER PLACE MARKINF THE NORTHEASTERLY CORNER OF SAID LOT 7,BEING THE
BEGINNING OF A NON-TANGENT CURVE;THENCE ALONG SAID RIGHT-OF-WAY AND
EASTERLY BOUNDARY OF SAID LOT 7 ALONG A NON-TANGENT CURVE[C I]TO THE RIGHT A
DISTANCE OF 17.45 FEET,WITH A RADIUS OF 20.00 FEET THROUGH A CENTRAL ANGLE OF
49°59'41",WITH A CHORD BEARING S 26005'15"W 16.90 FEET TO A 5/8-INCH REBAR MARKING
A POINT OF REVERSE CURVE;THENCE CONTINUING ALONG SAID RIGHT-OF-WAY AND
EASTERLY BOUNDARY ALONG A TANGENT CURVE[C2]TO THE LEFT A DISTANCE OF 122.17
FEET,WITH A RADIUS OF 50.00 FEET THROUGH A CENTRAL ANGLE OF 139°59'42",WITH A
CHORD BEARING S 18054'45"E 93.97 FEET TO A 5/8-INCH REBAR,AND ALSO BEING THE
POINT OF BEGINNING;
THENCE ALONG SAID EASTERLY BOUNDARY AND CENTERLINE OF S RUSLER LANE,
A PRIVATE ROAD,THE FOLLOWING:
S 1005'24"W 214.50 TO A 5/8-INCH REBAR MARKING A POINT OF CURVE;
ALONG A TANGENT CURVE[C3]TO THE RIGHT A DISTANCE OF 133.35 FEET,WITH A
RADIUS OF 400.00 FEET THROUGH A CENTRAL ANGLE OF 19006'03",WITH A CHORD BEARING
S 10-38'25"W(FORMERLY S 11.00'49 E) 132.73 FEET TO A 5/8-INCH REBAR;
S 20011'27"W 107.05 FEET TO A 5/8-INCH REBAR MARKING A POINT OF CURVE;
ALONG A TANGENT CURVE[C4] TO THE LEFT A DISTANCE OF 161.91 FEET,WITH A
RADIUS OF 350 FEET THROUGH A CENTRAL ANGLE OF 26030'20",WITH A CHORD BEARING S
6056'17"W 160.47 FEET TO A 5/8-INCH REBAR MARKING THE SOUTHEAST CORNER OF SAID
LOT 7;
THENCE LEAVING SAID EASTERLY BOUNDARY S 77034'48" W 25.13 FEET ALONG THE
SOUTHERLY BOUNDARY OF SAID LOT 7 TO A POINT ON THE WESTERLY BOUNDARY OF A
25-FOOT EASEMENT FOR S RUSLTER LANE;
THENCE ALONG SAID WESTERLY BOUNDARY THE FOLLOWING:
ALONG A NONTANGENT CURVE [CE I]TO THE RIGHT A DISTANCE OF 176.14 FEET,
WITH A RADIUS OF 375 FEET THROUGH A CENTRAL ANGLE OF 26054'47",WITH A
CHORD BEARING N 6044'02"E 174.53 FEET TO A POINT;
N 20011127"E 107.05 TO A 5/8-INCH REBAR MARKING A POINT OF CURVE;
ALONG A TANGENT CURVE[CE2]TO THE LEFT A DISTANCE OF 125.01 FEET,WITH A
RADIUS OF 375 FEET THROUGH A CENTRAL ANGLE OF 19006'03",WITH A CHORD
BEARING N 10038126"E 124.44 FEET TO A POINT;
N 1005124"E 221.20 TO A POINT ON THE SAID RIGHT-OF WAY OF S RUSTLER PLACE
AND NORTHEASTERLY BOUNDARY OF SAID LOT 7,MARKING A POINT OF
NONTANGENT CURVE;
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THENCE LEAVING SAID WESTERLY BOUNDARY ALONG A NONTANGENT CURVE
[CE3]TO THE LEFT A DISTANCE OF 26.18 FEET,WITH A RADIUS OF 50.00 FEET THROUGH A
CENTRAL ANGLE OF 29059'52",WITH A CHORD BEARING S 73°54'35"E 28.88 FEET TO THE
POINT OF BEGINNING.
BEARINGS HEREIN USED ARE BASED ON THE NORTH LINE OF THE NORTHWEST'/<OF SAID
SECTION 26 BEARING S 89034'06"E.
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REVISION: BY: RUSTLER SUBDIVISION BRIGGS ENGINEERING,INC.
STETSON ESTATES NO.2 SUBDIVISION, LOT 7 �
ADA COUNTY,IDAHO B R �
SHEET: l of 1 CITY OF MERIDIAN -EASEMENT EawL STRUCTURAL 1AND5UNEY
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