Extended tay America-Meridian Sanitary Sewer and Water Main Easement No. 1 ESMT 2023-0095 (2023-042623) ADA COUNTY RECORDER Trent Tripple 2023-042623
BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 07/26/2023 08:15 AM
CITY OF MERIDIAN, IDAHO NO FEE
ESMT-2023-0095
Extended Stay America-Meridian
Sanitary Sewer and Water Main Easement No. 1
ry SANITARY SEWER AND WATER MAIN EASEMENT
THIS Easement Agreement,made this 25th day of July _ 20 23 between
e r'' 1 dos 'f I Gt c- ("Grantor") and the City of Meridian, an Idaho Municipal
Corporation I -rai tee }-
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 easementthat was placed there
in violation of this easement.
Sanitary Sewer and Water Main Easement Page t 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 and Grantee covenant and agree 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.
GRANT -5,4 /Nq.r'icGay 05 t--a�i
TATE OF-IDfl: )�
County o W&'Z_j
ss
This record was acknowledged before me one r1l �L�ozl ate) by
name of individual), [complete the llow' i signing in a
( ) � P g f g g
representative capacity, or strike the following if signing in an individual capacity] on
behalf of F514 h1 e,^44 kt? 9415 , i name of entity on behalf of whom record was
executed), in the following represent hive capacity:_/71avik�f^ (type of
authority such as officer or trustee)
(stamp)
t'AY PLB J=D2
REESE N ta' Slgnatu
113",
4178 Mmmission xpires. �� lpires {
aFl+ 6
Sanitary Sewer and Water Main Easement Page 2 Version 04/17/2023
GRANTEE: CITY OF MERIDIAN
Robert E. Simis ayor 7-25-2023
, -�ac�
Attest by Chr JohnsT' ,r Clerk 7-25-2023
STATE OF IDAHO, )
ss.
County of Ada )
This record was acknowledged before me on 7-25-2023 (date) by
Robert E. S i m i s o n and Chris Johnson on behalf of the City of Meridian, in
their capacities as Mayor and City Clerk,respectively.
(stamp)
otary ignature ,-
CHARLENE WAY My Commission Expir ; 3-28-2028
COMMISSION No. 67390
NOTARY PUBLIC
STATE OF IDAHO
Sanitary Sewer and Water Main Easement Page 3 Version 04/17/2023
EXHIBIT A
SANITARY SEWER AND WATER MAIN EASEMENT
A PART OF LOT 3 IN BLOCK 1 OF PORKY PARK SUBDIVISION NO. 1, ADA COUNTY,
IDAHO, ACCORDING TO THE PLAT FILED IN BOOK 94 OF PLATS AT PAGES
11499-11501, AND AMENDED BY AN AFFIDAVIT RECORDED DECEMBER 29, 2006 AS
INSTRUMENT NO. 106201328, RECORDS OF SAID COUNTY, BEING A PART OF THE
SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE
MERIDIAN, MERIDIAN CITY, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 9; AND RUNNING
THENCE NORTH 89°10'47" EAST 730.39 FEET ALONG THE SECTION LINE AND SOUTH
0°49'13" EAST 45.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF
EAST PINE STREET AND THE NORTH LINE OF SAID LOT 3, BEING THE TRUE POINT OF
BEGINNING;
THENCE NORTH 89°10'47" EAST 25.95 FEET ALONG SAID SOUTHERLY RIGHT-OF-WAY
LINE;
THENCE SOUTH 0°32'42"EAST 6.29 FEET;
THENCE SOUTH 47°27'10"EAST 22.37 FEET;
THENCE SOUTH 6°57'38"WEST 13.33 FEET;
THENCE SOUTH 89°10'47"WEST 36.62 FEET;
THENCE SOUTH 44°10'47"WEST 57.85 FEET;
THENCE SOUTH 0°49'13"EAST 84.24 FEET;
THENCE SOUTH 89°10'47"WEST 35.59 FEET;
THENCE NORTH 0°49'13"WEST 20.00 FEET;
THENCE NORTH 89°10'47"EAST 15.59 FEET;
THENCE NORTH 0°49'13"WEST 72.52 FEET;
THENCE NORTH 44°10'47"EAST 69.83 FEET;
THENCE NORTH 0°49'13" WEST 13.10 FEET TO A POINT ON THE SOUTHERLY
RIGHT-OF-WAY LINE OF SAID EAST PINE STREET AND SAID NORTHERLY LINE OF LOT
3;
THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE AND NORTHERLY LOT LINE THE
FOLLOWING TWO (2) COURSES:
(1) NORTH 89°10'47"EAST 7.76 FEET; AND
(2) NORTH 0°49'13"WEST 5.00 FEET TO THE POINT OF BEGINNING.
CONTAINS 4,722 SQ. FT. OR 0.108 ACRES
SHEET 2 OF 2
SANITARY SEWER AND WATER MAIN EASEMENT D I A M O N D
U4U / EAST NINE AVENUE LAND SURVEYING
V E R H I A N, IDAHO SCALE 1"=40' 1 7/17/23
EXHIBIT B
WEST QUARTER CORNER OF SECTION 9,
B.M.
(FOUND
BRASS CAP MONUMENT, EAST PINE AVENUE
(FO
CP&F NO. 113077808)
g g _ N 89'10'47" E 2675.44' _ _ g 9
8 9 730.39' 0 9 9
o CENTER OF SECTION 9,
T3N, R1E, B.M.
z I (FOUND BRASS CAP MONUMENT)
w
�I
m
N 0°49'13"W �I
0
5.00' N 25.95' S 0°32'42"E
N 89°10'47"E N 89°10'47"E 6.29'
7.76'
2
N 0°49'13"W POINT OF
BEGINNING 1O,l
13.10' �c
S 6°57'38"W
13.33'
S 89°10'47"W 36.62'
P h
O
O O
Z N �P
a 4,722 SO. FT. OR g
W w 0.108 ACRES
m�
ON
N O
to O
mlo
N N
W N
r
o
O � N
Z
o w
Z M
0
N 89°10'47"E v>
15.59'
b
o�
od
N O
Z -
S 89°10'47"W
35.59'
SOUTHWEST CORNER OF SECTION 9,
T3N, R1E, B.M.
(FOUND BRASS CAP MONUMENT,
CP&F NO. 107143501)
8 9
17 16
SHEET 1 OF 2
SANITARY SEWER AND WATER MAIN EASEMENT D I A M O N D
343 / EASF PINE AVENUE LAND SURVEYING
V E R H I A N, I H A H V SCALE 1"=40' 1 7/17/23