Aviation Subdivision Sanitary Sewer and Water Main ESMT-2023-0030 (2023-019373) ADA COUNTY RECORDER Trent Tripple 2023-019373
BOISE IDAHO Pgs=9 BONNIE OBERBILLIG 04/05/2023 08:05 AM
CITY OF MERIDIAN, IDAHO NO FEE
Project Name(Subdivision):
AVIATION SUBDIVISION
Sanitary Sewer&Water Main Easement Number:
ESMT-2023-0030
Identify this Easement by sequential number if Project contains
more than one easement of this type.
(See Instructions for additional information).
SANITARY SEWER AND WATER MAIN EASEMENT
THIS Easement Agreement, made this 4th day of April 2023 between
Aviator Park 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:
L JSON
STATE OF IDAHO )
ss
County of Ada )
This record was acknowledged before me onJ (date) by
LA! YU ,TACObSo►-k (name of individual), [complete the following if signing in a
reprelentative capacity, or strike the following if signing in an individual capacity] on
behalf of Aviator Park LLC (name of entity on behalf of whom record was
executed), in the following representative capacity: MEMBER (type
of authority such as officer or trustee)
COMMISSION#2MM79 liL—J�LSl u
NOTARY PUBLIC Notary Signature
STATE OF IDAHO M Commission Ex lres:_
MY COMMISSION EXPIRES 11/IW026 Y p
Sanitary Sewer and Water Main Easement REV.01/01/2020
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor 4-04-2023
Attest by Chris Johnson, City Clerk 4-4-2023
STATE OF IDAHO, )
: ss.
County of Ada )
This record was acknowledged before me on 4-4-2023 (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
LEGAL DESCRIPTION
CITY OF MERIDIAN SANITARY SEWER EASEMENT
AVIATION SUBDIVISION
A portion of the West% of the Southwest%of Section 10, Township 3 North, Range 1 West of
the Boise-Meridian, City of Meridian, ADA County, Idaho, more particularly described as follows:
Commencing at the Section corner common to Sections 9, 10, 15, and 16,Townships 3 North,
Range 1 West, Boise-Meridian, from which the%corner common to said Sections 9 and 10 bears North
0°38'55" East, 2653.02 feet; thence on the west boundary line of said Section 10, North 0°38'55" East,
1621.66 feet to the south boundary line of the railroad right-of-way; thence on said south boundary line,
South 88°26'12" East, 495.23 feet to the westerly boundary, thence South 00°36'35" West, 102.71 to
the REAL POINT OF BEGINNING;
Thence North 88°47'03" East, 162.12 feet to a point on a curve on the easterly boundary of the
proposed ACHD right-of-way;
Thence along said right-of-way a distance of 25.13 feet along the arc of a 55.00' foot radius non-tangent
curve right, said curve having a central angle of South 26°10'49" West and a long chord bearing South
35°23'15" West a distance of 24.91 feet to a point;
Thence leaving said right-of-way boundary North 88°47'03" East, 147.90 to a point;
Thence South 00°36'35" East 20.00 feet to the REAL POINT OF BEGINNING.
This easement contains 3,065 square feet (0.070 acres) more or less and is subject to any other
easements existing or in use.
LEGAL DESCRIPTION
CITY OF MERIDIAN WATER MAIN EASEMENT#1
AVIATION SUBDIVISION
A portion of the West% of the Southwest%of Section 10, Township 3 North, Range 1 West of
the Boise-Meridian, City of Meridian, ADA County, Idaho, more particularly described as follows:
Commencing at the Section corner common to Sections 9, 10, 15, and 16,Townships 3 North,
Range 1 West, Boise-Meridian, from which the%corner common to said Sections 9 and 10 bears North
0°38'55" East, 2653.02 feet; thence on the west boundary line of said Section 10, North 0°38'55" East,
1621.66 feet to the south boundary line of the railroad right-of-way; thence on said south boundary line,
South 88°26'12" East, 495.23 feet to the westerly boundary of Aviation Subdivision, thence continuing
South 88°26'12" East 824.15 feet along the south boundary line of the railroad right-of-way to the
easterly boundary of Aviation Subdivision, thence South 00°36'35" East 514.83 feet to the southern
boundary of Aviation Subdivision,thence North 89°15'50" West 61.67 feet along the south boundary
line of Aviation Subdivision to the REAL POINT OF BEGINNING;
Thence North 00°44'10" East, 56.05 feet to a point on a curve on the Southern boundary of the
proposed ACHD right-of-way;
Thence along said right-of-way a distance of 40.22 feet along the arc of a 455.00' foot radius non-
tangent curve right, said curve having a central angle of South 5°03'54" West and a long chord bearing
South 84°52'31" West a distance of 40.21 feet to a point;
Thence leaving said right-of-way boundary North 00°44'10" East, 51.95 to a point;
Thence along the southern boundary line of Aviation Subdivision North 89°15'50" West 40.00 feet to the
REAL POINT OF BEGINNING.
This easement contains 2,160 square feet (0.049 acres) more or less and is subject to any other
easements existing or in use.
LEGAL DESCRIPTION
CITY OF MERIDIAN WATER MAIN EASEMENT#2
AVIATION SUBDIVISION
A portion of the West% of the Southwest%of Section 10, Township 3 North, Range 1 West of
the Boise-Meridian, City of Meridian, ADA County, Idaho, more particularly described as follows:
Commencing at the Section corner common to Sections 9, 10, 15, and 16,Townships 3 North,
Range 1 West, Boise-Meridian, from which the%corner common to said Sections 9 and 10 bears North
0°38'55" East, 2653.02 feet; thence on the west boundary line of said Section 10, North 0°38'55" East,
1621.66 feet to the south boundary line of the railroad right-of-way; thence on said south boundary line,
South 88°26'12" East, 495.23 feet to the westerly boundary of Aviation Subdivision, thence continuing
South 88°26'12" East 824.15 feet along the south boundary line of the railroad right-of-way to the
easterly boundary of Aviation Subdivision, thence South 00°36'35" East 514.83 feet to the southern
boundary of Aviation Subdivision,thence North 89°15'50" West 206.14' feet along the south boundary
line of Aviation Subdivision to the REAL POINT OF BEGINNING;
Thence North 12°38'34"West, 22.29 feet to a point on the Southern boundary of the proposed ACHD
right-of-way;
Thence along south boundary of said right-of-way South 69°58'46" West, 61.18 to a point;
Thence leaving said right-of-way boundary South 89°15'50" East, 62.36 to the REAL POINT OF
BEGINNING.
This easement contains 667 square feet (0.015 acres) more or less and is subject to any other
easements existing or in use.
EXHIBIT B N
CITY OF MERIDIAN SANITARY SEWER EASEMENT
AVIATION SUBDIVISION
1/4 LOCATED IN THE WI/2 OF THE SW 1/4 OF SECTION 10,T.3N.,RAW.,B.M.,
S.9 S.10 ADA COUNTY,IDAHO SCALE 1"=100'
saa°zs'1z"E CURVE TABLE
0 49523 CURVE LENGTH RADIUS DELTA BEARING CHORD
UNION PACIFIC RAILROAD C1 25.13' 55.00' 26'10'49" S35-23'15"W 24.91'
S00°36'35"W 102.71'
N88°47'03"E 162.12'
IRPOB / ---- -
S00°36'35"E _ W TOPEKA STREET
3065 S.F.
0.070-ACRE
N88°47'03"E 147.90' I I I
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CITY OF MERIDIAN WATER MAIN EASEMENT#1
AVIATION SUBDIVISION
1/4 LOCATED IN THE WI/2 OF THE SW 1/4 OF SECTION 10,T.3N.,RAW.,B.M.,
S.9 S.10 ADA COUNTY,IDAHO SCALE 1"=100'
saa°zs'1z"E CURVE TABLE
0 49523 CURVE LENGTH RADIUS DELTA BEARING CHORD
UNION PACIFIC RAILROAD C1 40.22' 455.00' 5'03'54" S84-52'31"W 40.21'
N88°26'12"W 824.15' —
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WTOPEKA STREET -
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m l I I z I ATh1
S.9 S.10
2160 S.F.
S.16 S.15 0J 0.049-ACRE
W SANPA FILD 6 \
2� C1
N00°44'10"E N00°44'10"E
51.95' 56.05
RPOB
N89°15'50"W 61.67'
N
CITY OF MERIDIAN WATER MAIN EASEMENT#2 11
AVIATION SUBDIVISION At
1/4 LOCATED IN THE W1/2 OF THE SWl/4 OF SECTION 10,T.3N.,RAW.,B.M.,
S.9 S.10 ADA COUNTY,IDAHO SCALE 1"=100'
S88026'12"E
49523
0
UNION PACIFIC RAILROAD
N88°26'12"W 824.15' — —
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WTOPEKA STREET —
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� S \ W SALTTAFELANE
I
S.9 •S.10 I I
S.16 S.15 �
667 S.F.
wSANPA PE nRIVE 0.015-ACRE
0
I I y S69°58'46"W
2834 W
229'
/ RPOB
S89"15'50'W
62.36' N89°15'50"W 206.14'