Driftwood Subdivsion Sanitary Sewer and Water Main Easement No. 1 ESMT-2023-0108 (2023-046924) ADA COUNTY RECORDER Trent Tripple 2023-046924
BOISE IDAHO Pgs=8 BONNIE OBERBILLIG 08/16/2023 08:15 AM
CITY OF MERIDIAN, IDAHO NO FEE
Project Na a Subivisian):
Driftwood Subdivision
Sanita 'Sewer&Water aia ement Number:
Identify this Basement by sequential number if Project contains
more than one easement of this type.
(See Instructions for additional information),
ESMT-2023-0108
SANITARY SEWER AND- WATER MAIN EASEMENT
THIS Easement Agreement, made this lsth day of August 20 23 between
Atturas Ustick LC and Bri tan Ustick 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;
d
WHEREAS, the sanitary sewer and water is to be provided for through
underground pipelines to be constructed y 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 EXMBITS A and 13)
The easement hereby granted is for the purpose of construction 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 Pagel 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.
[END OF TEXT; SIGNATURES TO FOLLOW]
Sanitary Sewer and Water Main Easement Page 2 Version 04/17/2023
GRANTORS: ALTURAS USTICK, LLC
an Idaho limited liability company
Travis ney, Manager
STATE OF IDAHO 7
:ss
County of Ada y
On this the /I day of July, in the year 2023,before me a Notary Public of said State, personally
appeared Travis Barney, known or identified to me to be the Manager of Alturas Ustick, LLC,the limited
liability company that executed the instrument or the person who executed the instrument on behalf of
said corporation,and acknowledged to me that such company executed the same.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in
this certificate first written above.
- - 8 A
RACHAEL A.MARTIN Notary Public for I aho
COMMISSION#t 58252 ry
NOTARY PUBLIC My Commissio;i Expire S.- no/oil
STATE OF IDAHO
MY COMMISSION EXPIRES 08XVT029
GRANTORS: BRIGHTON USTICK, LLC
an Idaho limited lia ility company
By:
r --
Robert L. P � s, Manager
STATE OF IDAHO )
:SS
County of Ada
On this the31 day of July, in the year 2023, before me a Notary Public of said State, personally
appeared Robert L. Phillips, known or identified to me to be the Manager of Brighton Ustick, LLC,the
limited liability company that executed the instrument or the person who executed the instrument on
behalf of said corporation,and acknowledged to me that such company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in
this certificate first written above.
SHARI=Juni,
Notary Public for Idaho
Notary Publi
Commission My Commission Expires:_Ii+
My Commission
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor 8-15-2023
Attest by Chris Johnson, City Clerk 8-15-2023
STATE OF IDAHO, )
: ss.
County of Ada )
This record was acknowledged before me on 8-15-2023 (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
My Commission Expires: 3-28-2028
Sanitary Sewer and Water Main Easement Page 3 Version 04/17/2023
I DAH O 9955 W Emerald St
SURVEY Boise, ID 83704
GROUP Phone: (208) 846-8570
Fax: (208) 884-5399
EXHIBIT A
Driftwood Subdivision
Parcel A
City of Meridian Utility Easement
Project Number 22-221 July 24, 2023
An easement situated in Parcel A of Record of Survey 13511 (Instrument Number 2022-061847,
records of Ada County, Idaho), in the southeast quarter of the southwest quarter of Section 36,
Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, and
being more particularly described as follows:
Commencing at a brass cap marking the southwest corner of Section 36,Township 4 North,
Range 1 West, Boise Meridian;
Thence S88°42'42"E, 2078.70 feet along the south line of Section 36;
Thence N01°17'18"E, 232.66 feet to the southwest corner of the existing Sanitary Sewer and
Water Main Easement (Instrument Number 2023-016450, records of Ada County, Idaho);
Thence N00°24'04"E, 94.70 feet along the boundary of the existing Sanitary Sewer and Water
Main Easement;
Thence S89°32'56"E, 2.01 feet along the boundary of the existing Sanitary Sewer and Water
Main Easement to the POINT OF BEGINNING:
Thence N00°27'03"E, 211.71 feet;
Thence N89°32'56"W, 69.64 feet;
Thence N00°27'04"E,38.00 feet;
Thence S89°32'56"E, 173.96 feet;
Thence N01°39'43"E, 85.38 feet to the boundary of Woodburn Subdivision (Book 96 of
Plats at Pages 11809 through 11811, records of Ada County, Idaho);
Thence S88°47'16"E, 48.00 feet along the boundary of Woodburn Subdivision;
Thence S01039'43"W, 87.50 feet;
Thence S88°47'16"E, 383.65 feet;
Thence S00°40'34"W, 60.50 feet;
Thence N88°45'04"W, 53.17 feet;
L
Thence N71°01'23"W, 63.80 feet across the easement to the ,S
interior; o �'
Thence N88°47'16"W, 278.07 feet; 4 C>
Page 1 of 2 �i 9. OF
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IDAHO 9955 W Emerald St
SURVEY Boise, ID 83704
GROUP Phone: (208) 846-8570
Fax: (208) 884-5399
City of Meridian Utility Easement Parcel A continued...
Thence N89°12'05"W, 107.94 feet;
Thence S00°27'03"W, 76.58 feet;
Thence S89°32'42"E, 385.98 feet;
Thence N00°27'21"E, 72.26 feet;
Thence S71°01'23"E, 63.80 feet back across the easement to the exterior;
Thence S00°27'21"W, 87.35 feet;
Thence N89032'39"W, 17.50 feet;
Thence S00027'21"W, 93.27 feet to the boundary of the aforesaid existing Sanitary
Sewer and Water Main Easement;
Thence N89032'54"W, 20.00 feet along the boundary of the existing Sanitary Sewer and
Water Main Easement;
Thence N00°27'21"E, 29.82 feet along the boundary of the existing Sanitary Sewer and
Water Main Easement;
Thence N89032'39"W, 18.00 feet along the boundary of the existing Sanitary Sewer and
Water Main Easement;
Thence N00°27'21"E, 57.80 feet;
Thence N89°32'42"W, 383.47 feet;
Thence S45027'11"W, 10.61 feet;
Thence S00°27'03"W, 82.81 feet;
Thence S26002'39"W, 18.51 feet to the boundary of the aforesaid existing Sanitary
Sewer and Water Main;
Thence N00024'04"E, 17.88 feet along the boundary of the existing Sanitary Sewer and
Water Main Easement;
Thence N89°32'56"W, 27.99 feet along the boundary of the existing Sanitary Sewer and
Water Main Easement to the POINT OF BEGINNING.
The above-described easement contains 1.45 acres, more or less.
1 34
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Page 2 of 2
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