Settlers Park Subdivision Sanitary Sewer and Water Main Easement ESMT-2023-0034 (2023-017727) ADA COUNTY RECORDER Trent Tripple 2023-017727
BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 03/29/2023 08:16 AM
CITY OF MERIDIAN, IDAHO NO FEE
ESMT-2023-0034 Settlers Park Subdivision
Sanitary Sewer and Water Main Easement No. 2
SANITARY SEWER AND WATER MAIN EASEMENT
THIS Easement Agreement, made this 28thday of March 2023 between
St.Luke's Health System,Ltd., ("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. r
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 patties of the first part have hereunto subscribed their
signatures the day and year first herein above written.
GRANTOR: ST.LUKE'S HEALTH SYSTEM,LTD.,
an Idaho nonprofit corporation
By: f M6 iUm�t C
STATE OF IDAHO )
) ss
County of Ada )
TVreco was acknowledged before me on (date) by
TV 1 (name of individual), [complete the folloKing if signing in a
repr Lentative capacity, or strike the fallowing if signing in an individual capacity] on
behalf of St.Luke's Health System,Ltd., (name of entit on behalf of whom record was
executed), in the following representative capacity; C. ��_ (` p (type
of authority suilhas officer or trustee)
ll ti
J'UBL1C tary No Signature
:t My Commission Expires: 94
Z Zs
Of
Sanitary Sewer and Water Main Easement REV.01/01/2020
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor 3-28-2023
Attest by Chris Johnson, City Clerk 3-28-2023
STATE OF IDAHO, )
. ss.
County of Ada )
This record was acknowledged before me on 3-28-2023 _(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
• I DA H O 9955 W Emerald St
SURVEY Boise, ID 83704
GROUP Phone: (208) 846-8570
EXHIBIT A Fax: (208) 884-5399
Settlers Park Subdivision
Parcel B
City of Meridian Utility Easement 1
Boundary Description
Project Number 22-221 January 27, 2023
An easement situated in Parcel B 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, 2011.45 feet along the south line of Section 36;
Thence N01°17'18"E, 48.00 feet to the north right-of-way line of W. Ustick Road,the POINT OF
BEGINNING:
Thence N00°02'00"E, 59.67 feet;
Thence N34°02'58"E, 127.22 feet;
Thence N00°24'04"E, 18.03 feet, more or less, to the northerly boundary of Parcel B;
Thence 589*32'54"E,30.00 feet along the northerly boundary of Parcel B;
Thence S00°24'04"W, 18.01 feet;
Thence N89°35'56"W, 10.00 feet;
Thence S00°24'04"W, 6.05 feet;
Thence S34°02'58"W, 127.15 feet;
Thence S00°02'00"W, 53.99 feet to the north right-of-way line of W. Ustick Road;
Thence N88°42'42"W, 20.00 feet along the north right-of-way line of W. Ustick Road to
the POINT OF BEGINNING.
The above-described easement contains 0.10 acres, more or less.
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• I DAH O 9955 W Emerald St
SURVEY Boise, ID 83704
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GROUP Phone: (208) 846-8570
EXHIBIT 3-1 Fax: (208) 884-5399
Settlers Park Subdivision
Parcel B
City of Meridian Utility Easement 2
Boundary Description
Project Number 22-221 Jonuory 27, 2023
An easement situated in Parcel B 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, 2505.18 feet along the south line of Section 36;
Thence N01°17'18"E, 263.90 feet to the POINT OF BEGINNING:
Thence N00°27'21"E,25.00 feet, more or less, to the northerly boundary of Parcel B;
Thence S89°32'54"E, 20.00 feet along the northerly boundary of Parcel B;
Thence S00°27'21"W, 25.00 feet;
Thence N89°32'39"W, 20.00 feet to the POINT OF BEGINNING.
The above-described easement contains 500 square feet, more or less.
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