The Oaks Subdivision No. 12 ESMT-2023-0015 Sanitary Sewer and Water Main Easement No. 3 (2023-007764) ADA COUNTY RECORDER Trent Tripple 2023-007764
BOISE IDAHO Pgs=5 LINDSAY WHEELER 02/08/2023 09:23 AM
CITY OF MERIDIAN, IDAHO NO FEE
ESMT-2023-0015 The Oaks Subdivision No. 1
Sanitary ewer and Water Main Easement No.
_. c a e
THIS Easement Agreement, made this 7t day of FebruapLjo between
Tall Southwest 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-
ay 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 )
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:
Rya amnions,Division President
ATE OF IDAHO )
) ss
County of Ada )
This record was acknowledged before me on _1/1H/L3 (date) by
Ryan Hammons (name of individual), [complete the following if
siggnin in a representative capacity, or strike the following if signing in an individual
behalf-of T011Southwest, LLC �qp "foantity on behalf of whom record was
executed), in the following representative capacity:Division President of authority such a�type
officer or trustee)
KYLE PREWE17 µ
Notary Public-State of Idaho L'
Commission Number 20223246 Notary Signature
My Commission Expires Jul 7, 2028
My Commission Expires:07/07/2028
Sanitary Sewer and Water Main Easement REV.0 1/0 1/2020
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
Legal Description
City of Meridian Sanitary Sewer & Water Easements.
The Oaks North Subdivision No. 12
An easement being located in the W '/z of Section 28, Township 4 North, Range 1 West, Boise
Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows:
Commencing at a Brass Cap monument marking the southwest corner of said Section 28, from which
a Brass Cap monument marking the southeast corner of the SW '/4 (S '/a corner) of said Section 28
bears S 89016'58" E a distance of 2635.25 feet;
Thence N 1 000'42" E along the west boundary of said SW '/4 of Section 28 a distance of 2630.85
feet to an Aluminum Cap monument marking the northwest corner of the SW '/4 of said Section 4;
Thence along the north boundary of said SW '/4 S 89021'17" E a distance of 1887.15 feet to the
POINT OF BEGINNING;
Thence leaving said boundary N 0°45'26" E a distance 5.88 feet to a point;
Thence S 89°14'34" E a distance of 40.00 feet to a point;
Thence S 0045'26" W a distance of 24.00 feet;
Thence N 89014'34" W a distance of 40.00 feet to a point;
Thence N 0°45'26" E a distance of 18.12 feet to the POINT OF BEGINNING.
Said easement contains 960 square feet(0.022 acres)and is subject to any other easements existing
or in use.
Clinton W. Hansen, PLS
Land Solutions, PC \oNp L LA N�s
January 13, 2023 STFR Gp
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Land surveying and Consulting City of Meridian Sewer&Water Easement C
Job No. 18-35
Page 1 of 1
CITY OF MERIDIAN SEWER & WATER EASEMENT
THE OAKS NORTH SUBDIVISION NO. 12
LOCATED IN THE W 1/2 OF SECTION 28, TAN., RAW., B.M.
MERIDIAN, ADA COUNTY, IDAHO
29 28 NO.45'26"E 5.88' S8914'34"E SO'45'26"W
40.00' /
1/4 _ _ S89'21'17"E _ — 24.00 2622.24' _ C o 4
1887.15' I 735.09'
POINT OF BEGINNING 40.00'
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Land Surveying and Consulting
231 E.5TH ST.,STE.A
MERIDIAN,ID 83642
(208)288-2040 (208)288-2557 fax
www.landsolulions.biz SOB NO. 18-35