Settlers Park Subdivision Sanitary Sewer and Water Main Easement No. 1 ESMT-2023-0033 (2023-016450) ADA COUNTY RECORDER Trent Tripple 2023-016450
BOISE IDAHO Pgs=9 VICTORIA BAILEY 03/22/2023 09:15 AM
CITY OF MERIDIAN, IDAHO NO FEE
ESMT-2023-0033 Settlers Park Subdivision
Sanitary Sewer and Water Main Easement No. 1
SANITARY SEWER AND WATER MAIN EASE
THIS Easement Agreement, made this 2�Stday of March 2023 between
Alturas Ustick,LLC and Brighton Ustick,LLT'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.
[END OF TEXT;SIGNATURES TO FOLLOW]
Sanitary Sewer and Water Main Easement REV.01/01/2020
GRANTOR: ALTURAS USTICK,LLC
an Idaho limited liability company
By:
Travis Bafney, Manager
STATE OF IDAHO
:ss.
County of Ada y
On this the ° day of February,in the year 2023,before me a Notary Public of said State,
personally appeared Travis Barney,known or identified to me to be the Manager of Alturas Ustick,LLC,
the limited liability company that executed the instrument or the person who executed the instrument
on behalf of said company,and acknowledged to me that such company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in
the certificate first written above.
Seal
Notary Public for Idaho
','��N�u�hhto,
.``� L A EA ,,�. My Commission Expires: b� �0"0
A.•7
%-140TAR),
fi pUBLXC ?
of"9,�,,
GRANTOR: BRIGHTON USTICK, LLC,
an Idaho limited liability company
By:
Robert L. Phillips, Manager
STATE OF IDAHO y
:ss.
County of Ada }
On this S day of February, in the year 2023, before me a Notary Public of said State, personally
appeared Robert L. Phillips, known or identified to me to be the Manager of Brighton Ustick, LLC, the
limited liability company that executed the instrument or the person who executed the instrument on
behalf of said corporation, and acknowledged to me that such company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in
this certificate first written above.
1 ,
SHARI VAUGHAN Notary Public for Idaho -1
Notary Public-State of Idaho My Commission Expires:. ',t7a
Commission Number 20181002
My Commission Expires Jun 1, 2024
r•
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor 3-21-2023
Attest by Chris Johnson, City Clerk 3-21-2023
STATE OF IDAHO, )
. ss.
County of Ada )
This record was acknowledged before me on 3-21-2023 (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-
Sanitary Sewer and Water Main Easement REV.01/01/2020
• IDAHO 9955 W Emerald St
SURVEY Boise, ID 83704
ISG GROUP Phone: (208) 846-8570
Fax: (208) 884-5399
EXHIBIT A
Settlers Park Subdivision
Parcel A
City of Meridian Utility Easement
Boundary Description
Project Number 22-221 March 6, 2023
An easement situated in Parcel A of Record of Survey 13511, records of Ada County, Idaho, in
the southeast quarter of the southwest quarter of Section 36,Township 4 North, Range 1 West,
Boise Meridian, City of Meridian,Ada County, Idaho, and being more particularly described as
follows:
Commencing at a brass cap marking the southwest corner of Section 36,Township 4 North,
Range 1 West, Boise Meridian;
Thence S88°42'42"E,2078.70 feet along the south line of Section 36;
Thence N01°17'18"E, 232.66 feet, more or less,to the southerly boundary of Parcel A, the POINT
OF BEGINNING:
Thence N00°24'04"E, 94.70 feet;
Thence S89°32'56"E, 30.00 feet;
Thence S00°24'04"W,48.20 feet;
Thence S89°32'54"E, 35.50 feet;
Thence N67°17'08"E, 67.98 feet;
Thence N22°42'52"W, 10.00 feet;
Thence N67°17'08"E, 12.00 feet;
Thence S22°42'52"E, 10.00 feet;
Thence N67°17'08"E,46.30 feet;
Thence S89°32'54"E,245.34 feet;
Thence N00°27'21"E, 29.82 feet;
Thence S89°32'39"E,20.00 feet;
Thence S00°27'21"W, 29.82 feet;
Thence S89°32'54"E, 72.80 feet;
Thence N00°27'06"E, 10.00 feet;
T
Thence 589°32'54"E, 12.00 feet; �
Thence S00°27'06"W, 10.00 feet;
T1 34
Page 1 of 2 ,r� 1�2-3
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ctiq£C S ���
IDAHO 9955 W Emerald St
SURVEY Boise, ID 83704
15G GROUP Phone: (208) 846-8570
Fax: (208) 884-5399
City of Meridian Utility Easement Parcel A continued...
Thence S89°32'54"E, 19.70 feet to the west right-of-way line of N.Venable Avenue;
Thence S00°27'21"W, 20.00 feet along the west right-of-way line of N.Venable Avenue;
Thence N89°32'54"W, 104.50 feet;
Thence S00°27'21"W, 26.18 feet;
Thence N89°32'54"W, 20.00 feet;
Thence N00°27'21"E, 26.18 feet;
Thence N89°32'54"W, 241.24 feet;
Thence S67°17'08"W, 126.28 feet;
Thence N89°32'54"W,39.58 feet;
Thence S00°24'04"W, 26.50 feet, more or less,to the southerly boundary of Parcel A;
Thence N89°32'54"W,30.00 feet along the southerly boundary of Parcel A to the POINT
OF BEGINNING.
The above-described easement contains 0.34 acres, more or less.
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