Sagarra Subdivision Sanitary Sewer and Water Main Easement No. 1 ESMT-2023-0156 (2023-065366) ADA COUNTY RECORDER Trent Tripple 2023-065366
BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 11/20/2023 11:43 AM
CITY OF MERIDIAN, IDAHO NO FEE
Project Name[Subdivision):
agarra Subdivision
Sanitary Sewer&Water Main Easement Number:
1
Identify this Easement by sequential number if Project contains
more than one easement of this type.
(See Instructions for additional information).
ESMT-2023-0156
SANITARY SEWER AND WATERMAIN EASEMENT
THIS Easement Agreement, made this 8th day of November 20 23 between
Lynx Investments, LL ("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 )
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 I 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: Lynx Investments, LLLP
/C-c
By: Jos h D. Huartp, General Partner
Ij
STATE OF IDAHO )
) ss
County of Ada )
This record was acknowledged before me on kO/I I c/A5 (date) by
_Joseph D.Huarte (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 Lynx Investments, LLLP_ (name of entity on behalf of whom record was
executed), in the following representative capacity: General Partner (type of
authority such as officer or trustee)
ELIJAHff�
CO"'OISSIONW21608 ''-
NOTARY PUBLIC
STATE OF IDAHO Notary Signature % n CD
My Commission Expires:. 3fL
Sanitary Sewer and Water Main Easement Page 2 Version 04/17/2023
GRANTEE: CITY OF MERIDIAN
Robert E. Si , Mayor 11-8-2023
SraI.
Attest by C # s Johnso`°a ' ``Clerk 11-8-2023
STATE OF IDAHO, )
: ss.
County of Ada )
This record was acknowledged before me on 11-8-2023 (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) L 221
Notary Signature 3-28-2028
CHARLENE WAY My CommissionExpir
COMMISSION No. 67390
NOTARY PUBLIC
STATE OF IDAHO
Sanitary Sewer and Water Main Easement Page 3 Version 04/17/2023
EXHIBIT A
SAGARRA SUBDIVISION
WATER AND SEWER EASEMENT#1
A water and sewer easement located in Lot 1, Block 3 of Linder Village Subdivision and for the
proposed Sagarra Subdivision No. 2 and lying in the NW 1/4 of Section 25,Township 4 North,
Range 1 West, Boise Meridian,Ada County, Idaho, said parcel being more particularly described
as follows:
Commencing at a copper cap being the southwest corner of said Lot 1 and located on the
easterly right-of-way of N. Bergman Ave.; thence N.00°37'48"E. a distance of 128.33 feet along
the Easterly right-of-way of N. Bergman Ave.to a point, said point also being the POINT OF
BEGINNING;
Thence N.00'37'48"E. a distance of 30.00 feet to a point;
Thence 5.89"22'01"E. a distance of 43.75 feet to a point;
Thence 5.00"37'59"W. a distance of 30.00 feet to a point;
Thence N.89"22'01"W. a distance of 43.75 feet to a point also being the POINT OF BEGINNING.
Said parcel contains 0.03 acres, more or less, and is subject to all existing easements and right-
of-ways of record or implied.
�a� s
15758
OF
"4'J.HO'MP
EXHIBIT B
SAGARRA SUBDIVISION
WATER AND SEWER EASEMENT #1
EXHIBIT DRAWING SHOWING A WATER AND SEWER
EASEMENT FOR SAGARRA SUBDIVISION LYING IN
THE NW 1/4 OF SECTION 25, T.4N., R.1W., B.M.,
ADA COUNTY, IDAHO, 2023.
BLOCK 5
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S89'22'01"E 43.75' — -
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LEGEND
BOUNDARY LINE
CENTER LINE
LS 7612 _,. — RIGHT-OF-WAY LINE
SW CORNER OF
LOT 1, BLOCK 3 ----------'-- EASEMENT
LINDER VILLAGE ® FOUND 5/8-IRON PIN
SUBDIVISION ID FOUND COPPER CAP
0 FOUND 1/2'IRON PIN
REPLACE W/5/8- IRON PIN
O FOUND 1/2-IRON PIN
A CALCULATED POINT-NOT SET
GRAPHIC SCALE \fl BROKEN LINE
10 o s 10 zo qo
(IN FEET) `
1 k,.A. 20 !I.
RM: OF
J.J. HOWARD °"'/ , ® /I\0 1 1 SAGARRA SUBDIVISION
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sv�fw'Aas/+wrr,svrpq.waa t" 20' CLS 230408