Rustler Subdivision ESMT-2022-0263 Temporary Construction Easement (2023-023865) ADA COUNTY RECORDER Trent Tripple 2023-023865
BOISE IDAHO Pgs=5 VICTORIA BAILEY 04/26/2023 08:14 AM
CITY OF MERIDIAN, IDAHO NO FEE
Rustler Subdivision:
ESMT-2022-0263
TEMPORARY CONSTRUCTION EASEMENT
THIS Agreement,made this 25 day of April , 20 23 between Wendell Lawrence and Kathleen_
Lawrence("Grantor")and the City of Meridian,an Idaho Municipal Corporation("Grantee");
WHEREAS, Grantor has provided a water main and/or sanitary sewer pipeline right-of-
way easement across the premises and property adjacent to the Temporary Construction
Easement hereinafter described; and
WHEREAS,the utility infrastructure is to be provided for through an underground pipeline
to be constructed by others;and
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 a temporary easement right-of-way over and across the following described
property:
(SEE ATTACHED EXHIBIT A and B)
This Temporary Construction Easement is for the purpose of construction of a water main
and/or sanitary sewer line and related incidental work and storage of materials related to the
construction process.
TO HAVE AND TO HOLD,the said easement and right-of-way unto the said Grantee,its
contractors, agents, successors and assigns. This easement shall terminate and expire 30
days after the installation and acceptance of said underground utility infrastructure by the
Grantee.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,
that after installing and accepting said sanitary sewer and/or water main infrastructure,
Grantee shall restore the area of the easement and adjacent property to that existent priorto
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 hereby covenants and agrees that they will not place or allow to be placed
any permanent structures, trees, brush, or perennial shrubs or flowers within the area
TEMPORARY CONSTRUCTION EASEMENT REV.0 1/0 112 02 0
described for this easement, which would interfere with the use of said easement, for the
purposes stated herein.
THE GRANTOR hereby 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 they are lawfully seized
and possessed of the aforementioned and described tract of land, and that they have a good
and lawful right to convey said easement. This easement is subject to all prior easements
and encumbrances of record or apparent upon the aforementioned and described tract of
land.
IN WITNESS WHEREOF, the said parties have hereunto subscribed their signatures the
day and year first herein above written.
GRANTOR:
Wendell Lawrence Ka leen Lawrenc
STATE OF IDAHO )
ss
County of Ada )
This record was acknowledged before me on (date) by
Wendell Lawrence and Kathleen Lawrence, husband and wife, property owners.
GLEN TOF
NETT
TABLIC
STATAFIO
NotaO Signature
My Commission Expires: -5-,/ 7- --L6 37
TEMPORARY CONSTRUCTION EASEMENT REV.0 1/0 1/2020
Page 2 of 5
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor 4-25-2023
Attest by Chris Johnson,City Clerk 4-25-2023
STATE OF IDAHO, )
: ss.
County of Ada )
This record was acknowledged before me on 4-25-2023 (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:
TEMPORARY CONSTRUCTION EASEMENT REV. 01/01/2020
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EXHIBIT A-DESCRIPTION FOR THE CITY OF MERIDIAN
TEMPORARY SANITARY SEWER
AN AREA OF LAND BEING THE NORTHERLY 25 FEET OF THE SOUTHERLY 50 FEET OF LOT 7,
BLOCK 1,STETSON ESTATES NO.2 SUBDIVISION,AS FILED IN RECORDS OF ADA COUNTY IN
BOOK 8 OF PLATS AT PAGES 8563,8564, 8565 AND 8566,IN THE WEST 1/2 OF SECTION 26,
TOWNSHIP 3 NORTH,RANGE 1 WEST,BOISE MERIDIAN,BOISE CITY,ADA COUNTY,IDAHO,AND
MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT A BRASS CAP MARKING THE NORTH 1/4 QUARTER CORNER OF SAID
SECTION 26 BEING S89034'06"E 2655.19 EAST OF A BRASS CAP MARKING THE NORTHWEST CORNER
OF SAID SECTION 26;THENCE N 89°34'06"W 1327.33 FEET ALONG THE NORTHERLY BOUNDARY OF
THE NORTHWEST 1/4 OF SAID SECTION TO A 5/8-INCH REBAR MARKING THE WEST 1/16TH CORNER
OF SAID SECTION;THENCE S 0°03'25"W 1328.54 FEET ALONG THE WESTERLY BOUNDARY OF THE
NE '/4 NW'/4 OF SAID SECTION TO A 5/8-INCH REBAR MARKING THE NORTHWEST 1/16TH CORNER OF
SAID SECTION AND NORTHWEST CORNER OF SAID LOT 7;THENCE CONTINUING S 0°03'25"W 827.01
FEET ALONG SAID WESTERLY BOUNDARY TO A 5/8-INCH REBAR MARKING THE SOUTHWEST
CORNER OF SAID LOT 7;THENCE N 0°03'25"E 25.60 FEET ALONG SAID WESTERLY BOUNDARY OF
SAID LOT 7 TO A POINT.,ALSO BEING THE POINT OF BEGINNING;
THENCE N 0°03'25"E 25.60 FEET ALONG SAID WESTERLY BOUNDARY OF SAID LOT 7 TO A
POINT.
THENCE N 77°34'48"E 531.40 FEET ALONG A LINE 50 FEET NORTH OF AND PARALLEL TO THE
SOUTHERLY BOUNDARY OF SAID LOT 7 TO A POINT OF NONTANGENT CURVE ON THE WESTERLY
BOUNDARY OF SAID LOT 7;
THENCE ALONG A NONTANGENT CURVE[CE51 TO THE LEFT ALONG THE SAID WESTERLY
BOUNDARY 25.60 FEET WITH A RADIUS OF 350.00 FEET THROUGH A CENTRAL ANGLE OF 4°11'24"
WITH A CHORD BEARING S 0°05'46"E 25.59 FEET TO A POINT;
THENCE S 77°34'48"W 531.41 FEET TO THE POINT OF BEGINNING.
BEARINGS HEREIN USED ARE BASED ON THE NORTH LINE OF THE NORTHWEST'/4 OF SAID SECTION
26 BEARING S 89034'06"E
TEMPORARY CONSTRUCTION EASEMENT REV. 01/01/2020
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TEMPORARY CONSTRUCTION EASEMENT REV, 0 1/0 1/2020
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