Pavillion at Windsong (PAW) Sanitary Sewer and Water Main Easement ESMT-2023-0118 (2023-052565) ADA COUNTY RECORDER Trent Tripple 2023-052565
BOISE IDAHO Pgs=7 ANGIE STEELE 09/13/2023 09:55 AM
CITY OF MERIDIAN, IDAHO NO FEE
ESMT-2023-0118 Pavillion at Windsong (PAW)
SANITARY SEWER AND WATER MAIN EASEMENT
THIS Easement Agreement, made this 12thday of September 20 23 between
Rama Grou LL ("Grantor") and the City of Meridian,an Idaho Municipal
orporation("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;
W, 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- ay 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 )
The easement hereby granted is for the purpose of construction d 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.
R O
ISTTE OF IDAHO )
) ss
County of Ada )
This record was aclmowledged before me on 44G�'�Z/` (date) by
_Y,Wiy.l r- (name of individual), [complete the following if signing in a
representaZQAW-X-v-nii-�
capac or strike the following if signing in an individual capacity] on
behalf of (name of enti�tyy on behalf of whom record was
executed), in the following representative capacity:_P60 4,2 4 er- (type of
autl ' MUI r officer or trustee)
04
(stamp) '
• W COMMISSION '
' EXPIRES 3.14-2029
otary Signatur
QI-PA �,p•�3F` My Commission xpires:
OF 1IDr:=•F
Sanitary Sewer and Water Main Easement Page 2 Version 04/17/2023
GRANTEE: CITY OF MERIDIAN
Robert E. Simison,Mayor 9-12-2023
Attest by Chris Johnson, City Clerk 9-12-2023
STATE OF IDAHO, )
: ss.
County of Ada )
This record was acknowledged before me on 9-12-2023 (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
Legal Description
City of Meridian Sanitary Sewer and Water Easement
PAW Subdivision
An easement being located in the SE '/4 of the SE '/4 of Section 35, Township 4 North, Range 1
West, Boise Meridian, Ada County, Idaho, and more particularly described as follows:
Commencing at a Brass Cap monument marking the southeast corner of said SE '/4 of the SE
'/4, from which a 5/8 inch rebar marking the southwest corner of the SE '/4 of said Section 35 bears
N 89°14'45" W a distance of 2643.35 feet;
Thence along the easterly boundary of said SE '/4 of the SE '/4 N 0'15'04" E a distance of 510.94
feet to a point;
Thence leaving said boundary N 89031'02" W a distance of 214.63 feet to the POINT OF
BEGINNING;
Thence S 0°28'58" W a distance of 81.00 feet to a point;
Thence S 89°31'02" E a distance of 45.79 feet to a point;
Thence S 44°37'59" E a distance of 39.43 feet to a point;
Thence S 0'15'04" W a distance of 22.55 feet to a point;
Thence S 89°44'56" E a distance of 71.31 feet to a point;
Thence N 0013'36" E a distance of 36.02 feet to a point;
Thence S 89°46'24" E a distance of 25.04 feet to a point on the westerly right-of-way of N. Linder
Road;
Thence along said right-of way S 0015'04" W a distance of 20.00 feet to a point;
Thence leaving said right-of-way N 89°46'24" W a distance of 5.03 feet to a point;
Thence S 0013'36" W a distance of 36.03 feet to a point;
Thence N 89044'56" W a distance of 7.98 feet to a point;
Thence S 0015'04" W a distance of 31.63 feet to a point;
Thence N 89044'56" W a distance of 10.00 feet to a point;
Thence N 0015'04" E a distance of 31.63 feet to a point;
Thence N 89044'56" W a distance of 73.33 feet to a point;
PAW Subdivision
Land Surveying and Consulting Meridian Sewer&Water Easement
Job No. 20-69
Page 1 of 3
Thence S 0°15'04" W a distance of 19.00 feet to a point;
Thence S 89044'56" E a distance of 7.00 feet to a point;
Thence S 0015'04" W a distance of 162.02 feet to a point;
Thence S 90°00'00" E a distance of 37.78 feet to a point;
Thence S 0d00'00" W a distance of 40.00 feet to a point;
Thence N 90d00'00" W a distance of 149.00 feet to a point;
Thence N 0d00'00" E a distance of 8.73 feet to a point;
Thence S 89049'12" W a distance of 96.05 feet to a point;
Thence N 0'15'19" E a distance of 44.30 feet to a point;
Thence S 89044'41" E a distance of 9.00 feet to a point;
Thence N 0°15'19" E a distance of 69.58 feet to a point;
Thence N 89d44'41" W a distance of 9.00 feet to a point;
Thence N 0d15'19" E a distance of 170.81 feet to a point;
Thence S 89d31'02" E a distance of 91.16 feet to a point;
Thence N 0023'21" E a distance of 81.00 feet to a point;
Thence S 89031'02" E a distance of 35.47 feet to the POINT OF BEGINNING.
EXCLUDING THEREFROM:
A parcel being located in the SE '/4 of the SE '/4 of Section 35, Township 4 North, Range 1 West,
Boise Meridian, Ada County, Idaho, and more particularly described as follows:
Commencing at a Brass Cap monument marking the southeast corner of said SE % of the SE
%, from which a 5/8 inch rebar marking the southwest corner of the SE %of said Section 35 bears
N 89014'45" W a distance of 2643.35 feet;
Thence along the easterly boundary of said SE '/4 of the SE '/4 N 0°15'04" E a distance of 388.77
feet to a point;
Thence leaving said boundary N 89031'02" W a distance of 173.34 feet to the POINT OF
BEGINNING;
Thence S 0°15'04" W a distance of 207.53 feet to a point;
Thence N 90°00'00" W a distance of 129.13 feet to a point;
L;indSolu1ons PAW Subdivision
k
Meridian Sewer&Water Easement
Land Surveying and Consulting
Job No.20-69
Page 2 of 3
Thence N 0°15'19" E a distance of 213.78 feet to a point;
Thence S 89031'02" E a distance of 123.95 feet to a point;
Thence S 44037'59" E a distance of 7.33 feet to the POINT OF BEGINNING.
This easement contains 37,893 square feet (0.87 acres) and is subject to any other easements
existing or in use.
Clinton W. Hansen, PLS
Land Solutions, PC NPk- LA/VO
August 24, 2023 \� T F 0
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Lam olution PAW Subdivision
Meridian Sewer 8 Water Easement
Land Surveying and Consulting Job No.20-69
Page 3 of 3
CITY OF MERIDIAN SANITARY SEWER AND WATER EASEMENT
PROPOSED PAW SUBDIVISION 1/4
LOCATED IN THE SE 1/4 OF THE SE 1/4 OF SECTION 35, TAN., 35 36
all RAW., B.M. CITY OF MERIDIAN, ADA COUNTY, IDAHO
I..
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N
35.47' N
S89'31'02"E N89'31'02"W 214.63'
-- — ................................. ....... .....---
wl i�POINT OF BEGINNING
I o �o Imo rn
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91.16' Z Icn
S89'31'02"E—J L1
LINE TABLE
LINE # LENGTH DIRECTION J
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—— —— MN89'31'02"W 173.34'
S89'31'02'E 123.95' 1, •
L1 45.79' S89'31'02"E L21 L—�L4— Irn L8
L2 39.43' S44'37'59"E o POINT OF BEGINNING
EXCLUSION rL15 L14 '
L3 22.55' S015'04"W w I� L10
L16 �21 1
J J
L4 71.31' S89'44'56"E °I L_I c^o
Lr) coIL L12
L5 36.02' N013'361 o r' - cn
Z I M OJ
L6 25.04' S89'46'24"E IC'q '^
w C14 n w
L7 20.00' S015'04"W ( I o� I LO
Lo
LB 5.03' N89'46'24"W L20 I n o CD
a I3 Z
L9 36.03' S013'36'W w I o 0
Ln
L10 7.98' N89'44'56"W . r �
of� o
to ,
L11 31.63' S0'15'04"W z I II i_
rl-
L12 10.00' N89'44'56"W w I N90'00'00"W 129.13'
L17 _
L13 31.63' NO'15'04"E °' 3
L14 73.33' N89'44'56"W z 37,893 SF / 0.87 ACRES o o
L15 19.00' SO'15'04"W S89'49'12"W °O — — — o
L16 7.00' S89'44'56"E 96.05' J N90'00'00"W 149.00'
z
L17 37.78' S90'00'00"E l �'
L18 8.73' NO'00'00"E
L19 9.00' S89'44'41"E
L20 9.00, N89'44'41"W
L21 7.33' S44'37'59"E
35 N89'14'45"W 2643.35' 35 36
1/4 — _ _
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TON W"\A MERIDIAN,ID 83642
(208)288-2040 (208)288-2557 Fax
www.landsolu[ions.biz JOB NO. 20-69