Red Aspen Sanitary Sewer and Water Main Easement No. 1 ESMT-2023-0124 (2023-058520) ADA COUNTY RECORDER Trent Tripple 2023-058520
BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 10/16/2023 08:03 AM
CITY OF MERIDIAN, IDAHO NO FEE
Red Aspen Sanitary Sewer and Water Main Easement No. 1
ESMT-2023-0124
SANITARY SEWER AND WATER MAIN EASEMENT
THIS Easement Agreement, made this 3rd day of October 20 23 between
Red Aspen 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;
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:
STATE OF IDAHO )
) ss
County of Ada )
This record was acknowledged before me on October 11,2023 (date) by
Amanda Moore (name of individual), [complete the following if signing in a
representative capacity, or strike the following if signing in an individual capacity] on
behalf of Red-Aspen, LLC (name of entity on behalf of whom record was
executed), in the following representative capacity: Member (type of
authority such as officer or trustee)
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Sanitary Sewer and "ater Main Easement Page 2 Version 04/17/2023
GRANTEE: CITY OF MERIDIAN
Robert E. Simisol Mayor 10-3-2023
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Attest by Chris Johns """ City Clerk 10-3-2023
STATE OF IDAHO, )
: ss.
County of Ada )
This record was acknowledged before me on 10-3-2023 (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.
stain Cha&ycWM
CHARLENE WAY
COMMISSION No. 67390 Notary Signature
NOTARY PUBLIC My Commission Expires: '3-28-2028
STATE OF IDAHO
Sanitary Sewer and Water Main Easement Page 3 Version 04/17/2023
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E N G I N E E R I N G
September 18,2023
Project No.21-152
City of Meridian Sewer and Water Easement
Legal Description
Exhibit A
A parcel of land for a City of Meridian Sewer and Water Easement over a portion of the Northwest 1/4 of the
Northwest 1/4 of Section 24,Township 3 North, Range 1 West, Boise Meridian,City of Meridian,Ada County,
Idaho and being more particularly described as follows:
Commencing at the Northwest corner of said Section 24,which bears N00+41'26"E a distance of 2,650.84 feet
from the West 1/4 corner of said Section 24,thence following the westerly line of said Northwest 1/4 of the
Northwest 1/4,S00"41'26"W a distance of 201.45 feet;
Thence leaving said westerly line,S89.18'34"E a distance of 275.81 feet to the POINT OF BEGINNING.
Thence N00"52'35"E a distance of 110.65 feet;
Thence N89°31'54"W a distance of 26.87 feet;
Thence N00°52'35"E a distance of 20.00 feet;
Thence 589+31'54"E a distance of 16.87 feet;
Thence N00°52'35"E a distance of 7.98 feet;
Thence 589+07'25"E a distance of 32.21 feet;
Thence S13.36'35"W a distance of 10.02 feet;
Thence S00.52'35"W a distance of 108.78 feet;
Thence S89"07'25"E a distance of 19.97 feet;
Thence S00"41'25"W a distance of 20.00 feet;
Thence N89'07'25"W a distance of 40.03 feet to the POINT OF BEGINNING.
Said parcel contains 3,799 square feet,more or less,and is subject to all existing easements and/or rights-of-
way of record or implied.
Attached hereto is Exhibit B and by this reference is made a part hereof.
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-693 Exhibit B
PHONE(206}639-6939
kmengllp.com
City of Meridian Sewer and Water Easement
DATE: September,2023
S PROJECT: 21=152
SHEET: A parcel of land over a portion of the Northwest 1/4 of the Northwest 1/4 of
a
1 OF 1 Section 24,Township 3 North, Range 1 West, B.M., City of Meridian,Ada County, Idaho
32.21
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Title: Date: 09-18-2023
Scale: 1 inch—30 feet File:
Tract 1: 0.087 Acres: 3799 Sq Feet:Closure=s52.2041 w 0.01 Feet: Precision=1148459: Perimeter=413 Feet
001=n00.5235e 110.65 005=n00.5235e 7.98 009=s89.0725e 19.97
002=n89.3154w 26.87 006=s89.0725e 32.21 010=s00.4125w 20.00
003=n00.5235e 20.00 007=sl3.3635w 10.02 011=n89.0725w 40.03
004=s89.3154c 16.87 008=s00.5235w 108.78