Elderberry Subdivision Sanitary Sewer and Water Main Easement No. 2 ESMT-2023-0129 (2023-053906) ADA COUNTY RECORDER Trent Tripple 2023-053906
BOISE IDAHO Pgs=6 VICTORIA BAILEY 09/20/2023 10:44 AM
CITY OF MERIDIAN, IDAHO NO FEE
Protect Fame(Subdivision):
Elderberry Subdivision
Sanitary Sewer&Water Nlain Easement Number:
002
Identify this Easement by sequential number if Project contains
more than one easement of this type.
(See Instructions for additional information).
ESMT-2023-0129
SANITARY SEWER AND WATER MAIN EASEMENT
THIS Easement Agreement, made thil9th day of September 20 23 between
ACCOUNTSERV CPAS PLLC ("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, it's 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 REV.0 1/0 1/2020
THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed
any permanent structures, trees, brush, or perennial shrubs or flowers within the area
described for this easement, which would interfere with the use of said easement, for the
purposes stated herein.
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:
ACCOUNT
SERV CPAS LLC
Jona Gibbs, Member
STAT F IDAHO )
) ss
County of Ada )
Th'�Ijirvo
record was acknowledged before me on 2 (date) by
- (name of individual), [complete the fo lowing if signing in a
representative capacity, or strike the following if signing in an individual capacity] on
behalf of ACCOUNTSERV CPAS PLLC (name of entity �° behalf of whom record was
executed), in the following representative capacity: ! ate (type
of authority such as officer or trustee)
(stamp)
CURTIS PENTECOST Notary Signature
COMMISSION#37204 My Commission Expires:_
NOTARY PUBLIC
STATE OF IDAHO
W COMMISSION EXPIRES 12MI2=
Sanitary Sewer and Water Main Easement REV.0 1/0 1/2020
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor 9-19-2023
Attest by Chris Johnson, City Clerk 9-19-2023
STATE OF IDAHO, )
: ss.
County of Ada )
This record was acknowledged before me on 9-19-2023 (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:
Sanitary Sewer and Water Main Easement REV.0 1/0 1/2020
Ma'5 0 1-1 Professional Engineers, Land Surveyors and Planners
,,
924 3`d St. So. Nampa, ID 83651
S S O 1 cue S f r�c., Ph (208) 454-0256 Fax (208) 467-4130
r e-mail:dholzhev anmasonandassociates.us
EXHIBIT A
FOR: Long & Joy
JOB NO.: MR0121
DATE: September 12, 2023
ELDERBERRY SUBDIVISION
WATER AND SANITARY SEWER
EASEMENT 2
An easement of land being a portion of Blocks 3 and 4 of the Amended Plat of F.A. Nourse's Third
Addition as filed in the office of the Ada County Recorder, Boise, Idaho,in Book 7 of Plats at Page 299
lying in the NW 1/4 of Section 7, Township 3 North, Range 1 East,Boise Meridian, Ada County Idaho,
more particularly described as follows:
Commencing at northwest corner of Section 7;
Thence S 00' 24' 03" W a distance of 1041.87 feet along the west boundary of the NW 1/4;
Thence N 89' 36' 49" E a distance of 40.00 feet to the northwest corner of Block 3;
Thence S 00' 24' 03" W a distance of 63.99 feet along the west boundary Block 3;
Thence N 89' 36' 49" E a distance of 79.62 feet parallel with the north boundary of Block 3 to the
POINT OF BEGINNING of said easement;
Thence N 00' 24' 03" E a distance of 114.36 feet parallel with the west boundary Blocks 3 &4;
Thence S 89' 37' 48" W a distance of 79.62 feet to a point on the west boundary of Block 4;
Thence N 00' 24' 03" E a distance of 14.60 feet along the west boundary Block 4;
As✓Oclates /nc. )
Professional Engineers, Land Surveyors and Planners
Page I of 2
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EXHIBIT B ELDERBERRY ESTATES SUBDIVISION
WATER & SANITARY SEWER EASEMENT 2
A PORTION OF BLOCKS 3 AND 4, F.A. NOURSE'S THIRD ADDITION,
A PART OF THE NW 114, SECTION 7, T. 3 N., R. 1 E., B.M.,
MERIDIAN, ADA COUNTY, IDAHO
6 2023
12 7
o
Q
0
W �
Z
NIO
N89'37'48"E
O O� 95.38' WATER SEWER
EASEMENT
T
N�I 3,193 S0. FT.
o r-1 S89 37'48"W
z 79.62'
0 m
N o6
O
N89'36'49"E
40.00r pin
ILLEGIBLE d 'J.
1 z
"Morn
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g 1ST
,�, a 9366
N8936'49"E
79.62 S89 36'49"W
15.75' 9TF 0 F 1OP�0
qq�N H01.2N
LEGEND
o CALCULATED POINT WATER & SANITARY SEWER EASEMENT 2
�p FOUND 518" IRON PIN 1402 N. MERIDIAN RD. WATER&SANITARY SEWER EASEMENT 2
• SET 112" IRON PIN W/ JOB NO. MR0121
PLASTIC CAP "PLS 9366"
Proleeslonel Engineers, DWG N0. MR0121 EXHIBIT
FOUND BRASS CAP MONUMENT M Land Surveyvrs
a 5 o n �,- &Planners SCALE: NTS REV. Q
---------- EASEMENT LINE
SSOCIc�t"e5 , 4248dStSpdI�A83P51 FIELD BOOK N0.
— - ----- - — SECTION LINE L M"WFar )4V,IX
—--—-- - — TIE LINE DRAWN BY.- DATE:
DH 911212023