Loading...
Pollard Subdivision Sanitary Sewer Easement No. 2 ESMT-2023-0049 (2023-019377) roieck Name Subdivision): ADA COUNTY RECORDER Trent Tripple 2023-019377 BOISE IDAHO Pgs=7 CHE FOWLER 04/05/2023 08:07 AM Pollard Subdivision CITY OF MERIDIAN, IDAHO NO FEE Sanitary Sewer Easement Number: Identify this Easement by sequential number if Project contains more than one sanitary sewer easement. (See Instructions for additional information). SANITARY SEWER EASEMENT THIS Easement Agreement, made this 4th day of _April_, 20 23 between Smith Brighton Inc., ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described? and WHEREAS, the sanitary sewer 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 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 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. 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. Sanitary Sewer Easement REV. 01/01/2020 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: Smith Brighton Inc., an Idaho corpor VX By:Robert L.Phillips,Vice President STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on 34 2023_ (date) by Robert L.Phillips (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 Smith Brighton Inc., (name of entity on behalf of whom record was executed), in the following representative capacity: Vice President (type of authority such as officer or trustee) 1 (stamp) Y� Notary Signature My Commission Expires: IL SHARIVAUGHAN Notary Public-State of Idaho Commission Number 20181002 My Commission Expires Jun 1,2024 Sanitary Sewer Easement REV.01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 4-4-2023 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. (stamp) Notary Signature 3-28-2028 My Commission Expires: Sanitary Sewer Easement REV.01/01/2020 km E N G I N E E R I N G March 22,2023 Project No.:21-240 Pollard Subdivision City of Meridian Sewer Easement Legal Description Exhibit A I Parcels of land for a sewer easement situated in a portion of the Southwest 1/4 of the Southeast 1/4 and the Southeast 1/4 of the Southwest 1/4 of Section 21,Township 4 North, Range 1 West, B.M.,City of Meridian, Ada County, Idaho being more particularly described as follows: Commencing at an aluminum cap marking the South 1/4 corner of said Section 21,which bears S89°27'17"E a distance of 2,609.39 feet from an aluminum cap marking the Southwest corner of said Section 21, thence N00°32'12"E a distance of 115.00 feet to the northerly right-of-way line of W.Chinden Blvd.; Thence following said northerly right-of-way line, N89°27'17"W a distance of 34.80 feet to the westerly right-of-way line of N. Rustic Oak Ave.; Thence leaving said northerly right-of-way line and following said westerly right-of-way line, N00°34'29"E a distance of 225.02 feet to POINT OF BEGINNING 1. Thence leaving said westerly right-of-way line, N89'25'31"W a distance of 277.35 feet; Thence N00°34'29"E a distance of 20.00 feet to a point hereinafter referred to as POINT"A"; Thence S89°25'31"E a distance of 277.35 feet to said westerly right-of-way line; Thence following said westerly right-of-way line,S00°34'29"W a distance of 20.00 feet to POINT OF BEGINNING 1. Said parcel contains 5,547 square feet, more or less. TOGETHER WITH: Commencing at a point previously referred to as POINT"A",thence N59°12'26"W a distance of 364.80 feet to POINT OF BEGINNING 2. Thence N89°25'31"W a distance of 16.50 feet; Thence N00°36'05"E a distance of 20.00 feet to a point hereinafter referred to as POINT"B"; Thence S89°25'31"E a distance of400.00 feet; Thence N00°34'29"E a distance of 55.00 feet; Thence S89°25'31"E a distance of 20.00 feet; Thence S00°34'29"W a distance of 55.00 feet; Thence S89°25'31"E a distance of 188.90 feet to a point hereinafter referred to as POINT"C" and being on the westerly right-of-way line of N. Rustic Oak Ave.; Thence following said westerly right-of-way line,S00°34'29"W a distance of 3.50 feet; Thence leaving said westerly right-of-way line, N89°25'31"W a distance of 592.40 feet; Thence S00°36'05"W a distance of 16.50 feet to POINT OF BEGINNING 2. Said parcel contains 3,503 square feet, more or less. 5725 North Discovery Way • Boise,Idaho 83713 • 208.639.6939• kmengllp.com TOGETHER WITH: Commencing at a point previously referred to as POINT"B",thence N42'46'21"W a distance of 468.72 feet to POINT OF BEGINNING 3. Thence N89°27'06"W a distance of 30.00 feet; Thence N00°32'54"E a distance of 34.50 feet to the southerly right-of-way line of W. Waverton Dr.; Thence following said southerly right-of-way line,S89°27'06"E a distance of 30.00 feet to a point hereinafter referred to as POINT"D"; Thence leaving said southerly right-of-way line,S00'32'54"W a distance of 34.50 feet to POINT OF BEGINNING 3. Said parcel contains 1,035 square feet,more or less. TOGETHER WITH: Commencing at a point previously referred to as POINT"D", thence following the southerly right-of-way line of W. Waverton Dr.,S89'27'06"E a distance of 316.93 feet to POINT OF BEGINNING 4. Thence following said southerly right-of-way line,S89'27'06"E a distance of 30.00 feet; Thence leaving said southerly right-of-way line,S00'36'05"W a distance of 49.56 feet; Thence N89°23'55"W a distance of 30.00 feet; Thence N00°36'05"E a distance of 49.53 feet to POINT OF BEGINNING 4. Said parcel contains 1,486 square feet, more or less. TOGETHER WITH: Commencing at a point previously referred to as POINT"C",thence S89°25'31"E a distance of 99.00 feet to POINT OF BEGINNING 5. Thence S89°25'31"E a distance of48.51 feet; Thence S00°34'29"W a distance of 3.50 feet; Thence N89'25'31"W a distance of 48.51 feet to the easterly right-of-way line of N. Rustic Oak Ave.; Thence following said easterly right-of-way line, N00'34'29"E a distance of 3.50 feet to POINT OF BEGINNINGS. Said parcel contains 170 square feet,more or less. � G Said description contains a total of 11,741 square feet(0.27 acres), more or less. 0 Attached hereto is Exhibit B and by this reference is made a part hereof. ow 12459VA A� or 3.2-2 .U7,3 PAGE 12 0 t 4' Nc o zoo N aoo o E s P.O.B. a n Plan Scale:1"=200' 0 0 Ltt POINT "D" W.Waverton Dr. W S89 27'O6"E L13 L Lu Q Li 0 316.93' (TIE) /D j ?(Ij? N L12 L9 \ ¢ ai ' a P.O.B. 3 L15 M '� N \y� Smith Brighton,Inc. u Smith Brighton,Inc. -0 cr ?' SO421346625 � i SO421438550 5 3 r, O 0 2\�k S8925'31"E (Ij (ALy N +T `J� S89'25'31"E 99.00' (TIE) Z P.O.B. 5 y V m \ 20.00' POINT "C" SB9 2531"E O f>3 4- Co C POINT "B" 91 S89125'31"E 400.00' dI I� L6 L17 3 Smith Brighton,Inc. 1-3—J \-�— N89'25'31"W 592.40-———— L7 V SO421346150 u Li Lte z L2 �'ysg• v1 Z 0 3 1?. L19 CO P.O.B. 2 s?s�?6�1 POINT "A" ++ H 3 � 72 C � S89'25'31"E 277.35' t N C — x -0 a N00'3429E N89'25'31"W 277.35' W w O 20.00' P.O.B. 1 v V) N Z Smith Brighton,Inc. Noo3a'2s'E w SO4213470SO 225.02' DATE: March 2023 PROJECT: 21-240 3 SHEET: W.Chinden Blvd. N89.27'171W 1 OF 2 N 34.80' N0032'12"E m n — 115.00' (11E) V S89'27'17"E 2609.39'— w BASIS OF BEARING > SW CORNER SECTION 21 FOUND ALUMINUM CAP POINT OF COMMENCEMENT Ion a S 1/4 CORNER SECTION 21- ENGINEERING 5 FOUND ALUMINUM CAP c 5725 NORTH DISCOVERY WAY BOISE.IDAHO 93713 PHONE"0B1639.6939 � kmengllp.mm o s C v) a � t E �. w o 0 f73 U LJJ a�1 LINE TABLE LINE TABLE N L c LINE BEARING DISTANCE LINE BEARING DISTANCE .0 4 L1 S00'34'29"W 20.00 L11 S89'27'06"E 30.00 v .> rCo L2 N89.25-31"W 16.50 L12 S00'32'54"W 34.50 o L3 N00'36'05"E 20.00 L13 S89'27'06"E 30.00 O `� L ) LU L4 N00'34'29"E 55.00 L14 S00'36'05"W 49.56 L5 S00'34'291W 55.00 L15 m '23'55"W 30.00 v- cu N89 - O - Ca L6 S89'25'31"E 188.90 L16 N00'36'05'E 49.53 oCa a 5 L7 S00'34'29"W 3.50 L17 S00'34'29"W 3.50 U `i m 0 L8 S00'36'05"W 16.50 L18 N89'25'31"W 48.51 m N Z d 3 L9 N89'27'06"W 30.00 L19 N00'34'29"E 3.50 ~ t ~ o L10 N00'32'54"E 34.50 r4 X W N O U N +3+ N N z V1 DATE- March 2023 PROJECF. 21-200 SHEET: 2OF2 kin 5 E N G I N E E R I N G 5725 NORTH DISCOVERY WAY BOISE,IDAHO 83713 PHONE(208)639-6939 kmengllp.mm