Bountiful Commons ESMT-2023-0007 Sanitary Sewer and Water Main Easement No.1 (2023-007754) ADA COUNTY RECORDER Trent Tripple 2023-007754
BOISE IDAHO Pgs=6 ANGIE STEELE 02/08/2023 09:18 AM
CITY OF MERIDIAN, IDAHO NO FEE
S T- 03-0007 Bountiful Commons East
Sanitary Sewer and Water Main Easement No. 1
THIS Easement Agreement, made this7th day of February 20 23 between
BD &B Investments, 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 tunes.
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.01/01/2020
ESMT-2023-0007 Bountiful Commons East
Sanitary Sewer and Water Main Easement No. 1
SANITARY SEWER AND WATER MAIN EASEMENT
THIS Easement Agreement, made this7th day of February ?p 23 between
BD & B Investments, 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.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:
BD & B Investments, LLC
STATE OF IDAHO )
) ss
County of Ada )
This record was acknowledged before me on lan- 1b�r3L-Qj (date) by
Blake Da le (name of individual), [complete the following if signing in a
representative capacity, or strike the following if signing in an individual capacio,] on
behalf of Rr) R, g invactmPnt, i I c (name of entity on behalf of whom record was
executed), in the following representative capacity: Manager
of authority such as officer or trustee)
W0 I �V,
AF
a i
SgSlgr Notary Signature
.g28.202B s My Commission Expires:, a
Sanitary Sewer and t REV.01/01/2020
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor 2-7-2023
Attest by Chris Johnson, City Clerk 2-7-2023
STATE OF IDAHO, )
: ss.
County of Ada )
This record was acknowledged before me on 2-7-2023 (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
k1m
E N G I N E E P. I N G
December 15,2022
Bountiful Commons East Subdivision
Project No. 21-224
City of Meridian Sewer and Water Easement(1)
Legal Description
Exhibit A
A parcel of land for a City of Meridian Sewer and Water Easement situated in a portion of Lot 1, Block 1 of
Bountiful Commons Subdivision (Book 115 of Plats, Pages 17336-17339),further situated in the Southwest 1/4
of the Northwest 1/4 of Section 25,Township 4 North, Range 1 West, Boise Meridian,City of Meridian,Ada
County, Idaho and being more particularly described as follows:
Commencing at a found aluminum cap marking the West 1/4 corner of said Section 25,which bears
S00°55'15"W a distance of 2,657.84 feet from a found aluminum cap marking the Northwest corner of said
Section 25;
Thence following the westerly line of said Southwest 1/4 of the Northwest 1/4, N00°55'15"E a distance of
1,180.64 feet;
Thence leaving said westerly line,S89°04'45"E a distance of 307.03 feet to a found 1/2-inch rebar marking the
Southwest cornerofsaid Lot 1;
Thence following the southerly boundary line of said Lot 1,S89'24'37"E a distance of 14.50 feet to the easterly
line of an existing City of Meridian Sewer and Water Easement per Instrument No.2018-098357 and being the
POINT OF BEGINNING.
Thence leaving said southerly boundary line and following said easterly easement line, N00°19'53"E a distance
of 15.74 feet;
Thence leaving said easterly easement line,S89'24'37"E a distance of 197.05 feet;
Thence S00°35'23"W a distance of 15.74 feet to a found 5/8-inch rebar on the southerly boundary line of said
Lot 1;
Thence following said southerly boundary line, N89°24'37"W a distance of 196.98 feet to the POINT OF
BEGINNING.
Said parcel contains 3,101 square feet, more or less,and is subject to all existing easements and/or rights-of-
way of record or implied.
All subdivisions, deeds, records or surveys,and other instruments of record referenced herein are recorded
documents of the county in which these described lands are situated.
NNk- LAND S
Attached hereto is Exhibit B and by this reference is made a part hereof. \r,INs£ o�
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EXHIBIT B
LEGEND
® FOUND ALUMINUM CAP
QO FOUND 5/8" REBAR
O FOUND 1/2" REBAR
CALCULATED POINT
SECTION LINE
23 24 BOUNDARY LINE
ADJACENT BOUNDARY LINE
26 V5 — _ _ _ _ __
FOUND ALUMINUM CAP — EASEMENT LINE
TNORTHWEST CORNER SECTION 25 1'�LZZ7i]] PROPOSED EASEMENT AREA
J
I L I EXISTING CITY OF MERIDIAN
1-0 SEWER AND WATER EASEMENT
PER INST. No. 2018-098357 4
Lot 2 I Lot 1
I S89'24'37"E 197.05' _
_ I _ d / / 1N5.7 49 53 E 7 � 00'3523W�
S89'04'45"E / 15.74
307.03' (TIE) N89'24'37"W 196.98'
z�lc`o I I�POINT OF BEGINNING
-6QQg-I o I S89'24'37"E 14.50'
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=`off L Lot 3 Block 1 Lot 4
_Iu,0 Bountiful Commons Subdivision
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POINT OF COMMENCEMENT
FOUND ALUMINUM CAP
26 WEST 1/4 CORNER SECTION 25 p�Nt LAND
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25
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Plan Scale: 1" =50'
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ENGINE ERI N G
0 5725 NORTH DISCOVERY WAY
W BOISE,IDAH083713
PHONE(209)639-6939 Bountiful Commons East
kmengllp.com City of Meridian Sewer and Water Easement (1)
DATE: December2022
PROJECT: 21-224
SHEET: A portion of Lot 1, Block 1 of Bountiful Commons Subdivision,
a
1 OF 1 SW1/4 of NW1/4 of Section 25,T4N., R1W., B.M., City of Meridian,Ada County, Idaho
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I
Title: Date: 12-08-2022
Scale: 1 inch= 50 feet File: Deed Plottendes
Tract 1: 0.071 Acres: 3101 Sq Feet:Closure=n81.1209e 0.00 Feet: Precision>1/999999: Perimeter=426 Feet
001=n00.1953e 15.74 003=s003523w 15.74
002=s89.2437e 197.05 004=n89.2437\v 196.98