Chipotle Sanitary Sewer and Water Main Easement No. 1 ESMT-2023-0136 (2023-068009) ADA COUNTY RECORDER Trent Tripple 2023-068009
BOISE IDAHO Pgs=5 ANGIE STEELE 12/06/2023 09:12 AM
CITY OF MERIDIAN, IDAHO NO FEE
Prniect Name(Subdivision):
Chipotle
Sanitant,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-2023-0136
SANITARY SEWER AND WATER MAIN EASEMENT
THIS Easement Agreement, made this 5th day of December 20 23 between
Smith FrazierLLc ("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.01/01/2020
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.
GRANTO :
Smit razier, L
ST TE OF )tvkc-r�
�QQcc
) ss
County of& )
This record was acknowledged before me on (date) by
eneer '�h (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 $tvtal�tF'ra�z t-t-C (name of entity on behalf of whom record was
executed), in the following representative capacity: o,(Y�-e ro&cr (type
of authority such as officer or trustee)
(stamp)
Patricia M Cleaveland Notary Signature
NOTARY PUBLIC
STATE OF COLORADO My Commission Expires: 2L 2.02
NOTARY ID# 20074018994
MY COMMISSION EXPIRES 10/26/2024
Sanitary Sewer and Water Main Easement REV.01/O1/2020
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor 12-5-2023
Attest by Chris Johnson,City Clerk 12-5-2023
STATE OF IDAHO, )
: ss.
County of Ada )
This record was acknowledged before me on 12-5-2023 (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.
Notary Signature
My Commission Expires: 3-28-2028
Sanitary Sewer and Water Main Easement REV.01/01/2020
EXHIBIT A
LEGAL DESCRIPTION
A parcel of land being a portion of Parcel E as shown on Record of Survey No. 13573, instrument
No. 2022-070648 Ada County Records, in the NE 1/4 Section 24, T. 3N, R.1 W, Boise-Meridian,
City of Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at the Southwest comer of said Parcel E, thence on the westerly line of said Parcel
E N00100'16"W a distance of 15.47 feet to a point on the north line of a water and sewer easement
as shown in Instrument Number 107141995;thence on last said north line S89158'40"E a distance
of 13.26 feet to the Point of Beginning; thence
N00001'31"E a distance of 173.42 feet; thence
S89058'29"E a distance of 19.99 feet; thence
SO°01'15"W a distance of 4.27 feet; thence
N89034'07"E a distance of 20.26 feet; thence
S00°01'17"W a distance of 20.00 feet; thence
S89034'07"W a distance of 20.28 feet;thence
S00°01'15"W a distance of 116.90 feet; thence
S89058'38"E a distance of 27.00 feet; thence
N00001'22"E a distance of 10.00 feet; thence
S89058'38"E a distance of 20.00 feet; thence
S00001'22"W a distance of 30.00 feet; thence
N89058'38"W a distance of 47.00 feet; thence
S00°01'15"W a distance of 12.25 feet thence
N89058'40"W a distance of 20.00 feet to the Point of Beginning.
The above described parcel contains 5,013 Square Feet, more or less.
See Exhibit B, attached hereto and made part hereof.
N \�ti
r �{ 18350
Fl�ti
EXHIBIT B
A PARCEL OF LAND BEING A PORTION OF PARCEL E AS SHOWN ON
RECORD OF SURVEY NO. 13573,INSTRUMENT NO.2022-070648 ADA
COUNTY RECORDS,IN THE NE 1/4 SECTION 24,T.3N,RAW,
BOISE-MERIDIAN,CITY OF MERIDIAN,ADA COUNTY,IDAHO
i\
Parcel Line Table
Line# Bearing Length
L1 N89°58'40"W 20.00'
Scale -50
L2 S89°58'29"E 119.99' I o MI So'
L3 SO'01'15"W 4.27' BEARINGS AND DISTANCES MAY VARY FROM
PREVIOUS FLATS DUE TO DIFFERENT METHODS
L4 N89"34'07"E 20.28' OF MEASUREMENTS.
L5 SO"01'17"W 120.00'
L6 S89°34'07"W 20.28'
L2 — — — — — — —1-4- L7 S89°58'38"E
�
L8 NO'OV 22"E 10.00'
L9 S89°58'38"E 20.00'
I1-6 I 20.0'WATER L10 SO°01'22"W 30.00'
AND SEWER
EASEMENT L11 N89°58'38"W 47.00'
I.N.107141995 Q
L12 S06 01'15"W 12.25'CD O
Cf)
L13 S89°58'40"E 13.26' I Z
W I L14 NO'00'16"W 15.47'
W
a
o
CD
z � I oz
I L9 zd�o PARCEL E
it w Lu v ROS No. 13573 I
J ca6o
I /L7 r- Lu
JI'�Z
L13
L1 — — — — — — — — — — — —
J
POINT OF BEGINNING
— — — — — — — — — —
— — — — — — — — — —
POINT OF COMMENCEMENT f
/ <cF.`CENSFO
18350
' 09/13I23 0 `
F Op�,��
r
JOB No: R22132