Foxcroft Subdivision ESMT-2023-0010 Sanitary Sewer and Water Main Easment (2023-007826) ADA COUNTY RECORDER Trent Tripple 2023-007826
BOISE IDAHO Pgs=5 HEATHER LUTHER 02/08/2023 11:46 AM
CITY OF MERIDIAN, IDAHO NO FEE
ESMT-2023-0010 Foxcroft Subdivision
SANITARY SEWER AND WATER MAIN EA EMENT
T141S Easerpent Agreement, made this 7thday of February 20 23 between
_(Aelq &ran ("Grantor") and the City of Meridian,an Idaho
Municipal orporation("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:
t
STATE OF IDAHO )
) ss
County of Ada )
This record was acknowledged before me on , .I3�1013 (date) by
_(^y✓✓P,•t PpAr+" (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 (name of entity on behalf of whom record was
executed), in the following representative capacity: D,j 5 r,tnl (type
of authority such as officer or trustee)
(stamp)
ADAIR KOLTES Notary Signature lJ��
Notary Public- State of Idaho My Commission Expires:_,�7�OJ'��'6
Commission Number 30052
[MyCommission Expires 06-05-2028
Sanitary Sewer and Water Main Easement 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
Exhibit A
Description for
Sanitary Sewer and Water Main Easement
Foxcroft Subdivision
January 7, 2023
A portion of the Northwest 1/4 of the Southeast 1/4 of Section 10, Township 3
North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho more
particularly described as follows:
Commencing at the Center 1/4 corner of said Section 10 from which the East
1/4 corner of said Section 10 bears South 89036'02" East, 2655.68 feet; thence on the
east-west centerline of said Section 10, South 89036'02" East, 1,093,56 feet;thence
leaving said east-west centerline, thence South 00°23'58" West, 45.00 feet to the south
right-of-way line of W. Pine Avenue and the POINT" OF BEGINNING;
thence on said south right-of-way line, South 89036'02" East, 38.50 feet;
thence leaving said south right-of-way line, South 00°23'58"West, 58.09 feet;
thence North 89036'02"West, 38.50 feet;
thence North 00123'58" East, 58.09 feet to the POINT OF BEGINNING.
Containing 2,236 square feet or 0.05 acres, more or less.
End of Description.
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Exhibit B
Scote. 1"=200'
0 50 100 200 400
c� VIPER
INVESTMENTS
LLC
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BASIS OF BEARING
....... S89'36'02"E 2655.68.
1
1/4 1
1093.56' 1562.12'
C 1/4 Lt JL2 W. Pine Ave.
S.10 Point of ,n �^ SA O S.11
Beginning -� �
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OPEN DOOR v
CO RENTALS LLC
BARTON
MILS' HIGH
PINES SUB.
\oN0- LA s LINE TABLE
NSF LINE BEARING LENGTH
'I1 79 � Lt sa•23'5$"w 45.00
( L2 S89.3COVE 38.50
`pJ�7.7�23 C)
0. 9J� ` P L3 SO.23'58"W 58.09
o �or- Oo
Y MCCP� L4 N89'36'02"W 38.50
L5 NO.23'58"E 58,09
^ ' EXHIBIT DRAWING FOR JOB 159
IDAHa SANITARY SEWER AND WATER MAIN EASEMENT 2,ET99
8955 W.EM6RALD3T: SHEET N0.
SURVEY 8O1S�1pANO837"' FOXCROF'T SUBDIVISION i
.� a (2081�848-8570
CROUP, LLC A PORt10N OF THE 14Wt/4 OF THE SEI/4 OF SECTION 10, T.3N.. RAW., B.M., DWG, DATE
CITY OF MERIDIAN. ADA COUNTY, IDAHO 1/7/2023
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