Turin Plaza Subdivision Sanitary Sewer and Water Main Easement ESMT-2023-0061 (2023-026752) ADA COUNTY RECORDER Trent Tripple 2023-026752
BOISE IDAHO Pgs=6 ANGIE STEELE 05/09/2023 04:45 PM
CITY OF MERIDIAN, IDAHO NO FEE
ESMT-2023-0061 Turin Plaza Subdivision
SANITARY SEWER AND WATER MAIN EASEMENT
THIS Easement Agreement, made this 9th day of May 20 23 between
("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, its 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 Page 1 Version 04/17/2023
THE GRANTOR covenants and agrees that Grantor shall not place or allow to be
placed any permanent structures or obstructions within the easement area that would
interfere with Grantee's use of said easement, including, but not limited to, buildings, trash
enclosures,carports,sheds,fences,trees,or deep-rooted shrubs.
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:
SZvl�i LPL
STATE OF IDAI-I0 )
) ss
County of Ada )
This r c qr as acknowledged before me on (date) by
name of individual), [complete the following if signing in a
representativeEcaa !. ,or strike the following if'signing in an individual capacity] on
behalf of k W( (name of entit n ehalf of whom record was
executed), in the following representa capacity: (type of
authority such as officer or trustee)
(stamp)
CAYLA RELKA
COMMISSION M 20225179 Notary Si ature
NOTARY PUBLIC My Commission Expires: \n I a`l I-)o
STATE OF IDAHO
MY COMMISSION EXPIRES 10/31/2028
Sanitary Sewer and Water Main Easement Page 2 Version 04/17/2023
GRANTEE: CITY OF MERIDIAN
Robert E. Simison,Mayor 5-9-2023
Attest by Chris Johnson,City Clerk 5-9-2023
STATE OF IDAHO, )
. ss.
County of Ada )
This record was acknowledged before me on 5-9-2023 _(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 Page 3 Version 04/17/2023
Professional Engineers, Land Surveyors and Planners
ma5c:)n & 924 3`d St. So. Nampa, ID 83651
SSO�Ic� ��S Jnc.
Ph (208) 454-0256 Fax (208) 467-4130
e-mail:dholzhey n,masonandassociates.us
FOR: McCarter-Moorhouse
JOB NO.: MR0622
DATE: February 28, 2023
EXHIBIT "A"
WATER & SANITARY SEWER
EASEMENT
An easement situated in Lot 2, Block 6, Bridgetower Crossing Subdivision No. 2 in the
Ada County Recorder's Office in Book 86 at Pages 9641-9643 situated in the SW1/4
NW1/4 of Section 35, Township 4 North, Range 1 West, Boise Meridian, Meridian, Ada
County Idaho, more particularly described as follows:
Commencing at the northwest corner of Section 35 said corner being N 00' 52' 50" E.,
2630.96 feet from the southwest corner of the NW 1/4;
Thence S 00' 52' 50" W., 2214.50 feet along the west boundary of the NWI/4;
Thence S 89' 07' 10" E., 40.00 feet to the northwest corner of Lot 2;
Thence S 89' 07' 10" E., 358.00 feet along the north boundary of Lot 2 to the northeast
corner of Lot 2;
Thence S 00' 52' 50" W., 80.81 feet along the east boundary of Lot 2 to the POINT OF
BEGINNING of said easement;
Thence S 00' 52' 50" W., 30.00 feet along the east boundary of Lot 2;
Thence N 89' 07' 10" W., 320.00 feet parallel with the north boundary of Lot 2;
Thence N 00' 52' 50"E., 22.77 feet parallel with the east boundary of Lot 2;
Mason
/Associates /n�.
Professional Engineers, Land Surveyors and Planners
Page 1 of 2
Thence N 89' 07' 10" W., 38.00 feet parallel with the north boundary of Lot 2 to a point
on the west boundary of Lot 2;
Thence N 00' 52' 50" E., 20.00 feet along the west boundary of Lot 2;
Thence S 89' 07' 10" E., 48.00 feet parallel with the north boundary of Lot 2;
Thence S 00' 52' 50" W., 12.77 feet parallel with the east boundary of Lot 2;
Thence S 89' 07' 10"E., 310.00 feet parallel with the north boundary of Lot 2 to the
POINT OF BEGINNING of said easement.
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Professional Engineers, Land Surveyors and Planners
Page 2 of 2
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LOT 2 BLOCK 6 OF BRIDGETOWER CROSSING
SUBDIVISION NO. 2 IN THE SWI14 NW714 OF
CNW
ORNER SECTION 35 TOWNSHIP 4 NORTH RANGE 7 WEST
SEC. 35 OF THE BOISE MERIDIAN ADA COUNTY IDAHO
2022
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® ""EC.S 35 LOT 2 BLOCK 6
WATER & SANITARY SEWER EASEMENT
LEGEND ,rDB No. MR0622
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