Graycliff Subdivision No. 4 Temporary Construction ESMT A and B ESMT-2023-0174 (2024-006165) Project Name Subdivisio : ADA COUNTY RECORDER Trent Tripple 2024-006165
Graycliff Subdivision No. 4 BOISE IDAHO Pgs=10 CHE FOWLER 02/07/2024 08:23 AM
CITY OF MERIDIAN, IDAHO NO FEE
Easement A arid B ESMT-2023-0174
TEMPORARY CONSTRUCTION EASEMENT
THIS Agreement,made this 6th day of Feb. , 20 24 between
KB Home Idaho LLC
("Grantor")and the City of Meridian,an Idaho Municipal Corporation("Grantee");
WHEREAS, Grantor has provided a water main and/or sanitary sewer pipeline right-of-
way easement across the premises and property adjacent to the Temporary Construction
Easement hereinafter described;and
WHEREAS, the utility infiastructure is to be provided for through an underground pipeline
to be constructed by others; and
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 a temporary easement right-of-way over and across the following
described property:
(SEE ATTACHED EXHIBIT A and B)
This Temporary Construction Easement is for the purpose of construction of a water main
and/or sanitary sewer line and related incidental work and storage of materials related to
the construction process.
TO HAVE AND TO HOLD,the said easement and right-of-way unto the said Grantee,its
contractors, agents, successors and assigns. This easement shall terminate and expire 30
days after the installation and acceptance of said underground utility infrastructure by the
Grantee.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,
that after installing and accepting said sanitary sewer and/or water main infrastructure,
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.
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.
TEMPORARY CONSTRUCTION EASEMENT Page 1 Version 04/17/2023
THE GRANTOR hereby 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 they are lawfully
seized and possessed of the aforementioned and described tract of land,and that they have
a good and lawful right to convey said easement. This easement is subject to all prior
easements and encumbrances of record or apparent upon the aforementioned and
described tract of land.
IN WITNESS WHEREOF, the said parties have hereunto subscribed their signatures the
day and year first herein above written.
GRANTOR: KB Home Idaho LLC
Thomas Coleman, Division President for KB Home ID LLC
STATE OF IDAHO )
) ss
County of Ada )
This record was acknowledged before me on \-`Z2- 1LEI (date) by
Thomas Coleman _ (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 KB Home Idaho LLC (name of entity on behalf of whom record was
executed),in the following representative capacity: Division President (tvne of
authority such as officer or trustee)
ri0T'4
r-
otary Signature
• A •
My Commission Expires:
9 ■''�■+0*''y�� ••'� 5ABRINA DURTSCHI
''• OF 10?' .►`` COMMISSION#46693
NOTARY PUBLIC
STATE OF IDAHO
MY COMMISSION EXPIRES 04/27/202v r
TEMPORARY CONSTRUCTION EASEMENT Page 2 Version 04/17/2023
GRANTEE: CITY OF MERIDIAN
Robert E. Simison,Mayor 2-6-2-24
Attest by Chris Johnson,City Clerk 2-6-2024
STATE OF IDAHO, )
ss.
County of Ada )
This record was acknowledged before me on 2-6-2024 (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
TEMPORARY CONSTRUCTION EASEMENT Page 3 Version 04/17/2023
Exhibit A
CITY OF MERIDIAN TEMPORARY UTILITY EASEMENT "A"
GRAYCLIFF ESTATES SUBDIVISION NO. 4
LOCATED IN THE SE 1/4 OF SECTION 25, T.3N., R.1 W., B.M
CITY OF MERIDIAN, ADA COUNTY, IDAHO
N89'23'56"W 1320.68' _ _ CE 1/16
C 1/4 1112.42' BASIS OF BEARING 208.26' W, HARRIS ST.
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0�10 GRAYCLIFF ESTATES
SUBD. NO. 4
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60.00'
z 60.34' 21.01' �
N88'35'09"W
1,234 SF
0.028 ACRES
25 1/4
36 W. AMITY RD.
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(208)288-2040 1208)288-2557 fax
www landsolulions biz dog No Zf-29
Exhibit B
Legal Description
City of Meridian Temporary Utility Easement "A
Graycliff Estates Subdivision No. 4
An easement located in the SE '/4 of Section 25, Township 3 North, Range 1 West, Boise
Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows:
Commencing at a 5/8 inch diameter iron pin marking the northeast corner of the NW%of the
SE '/4 (CE 1/16 Corner) of said Section 25, from which a 5/8 inch diameter iron pin marking the
northwest corner of the SE '/4 (Center '/4 Corner) of said Section 25 bears N 89°23'56" W a
distance of 1320.68 feet,-
Thence along the northerly boundary of said NW '/4 of the SE '/4 N 89°23'56" W a distance of
208.26 feet to a point;
Thence leaving said boundary S 0°36'04" W a distance of 843.45 feet to a 5/8 inch diameter
iron pin marking an angle point on the easterly boundary of Graycliff Estates Subdivision No. 3,
as shown in Book 126 of Plats on Pages 20216 through 20218, records of Ada County, Idaho;
Thence S 48045'09" W a distance of 636.63 feet to the POINT OF BEGINNING;
Thence S 89°32'35" E a distance of 60.00 feet to a point;
Thence S 0027'25" W a distance of 21.01 feet to a point;
Thence N 88035'09" W a distance of 60.34 feet to a point;
Thence N 1°24'51" E a distance of 20.00 feet to the POINT OF BEGINNING.
This easement contains 1,234 square feet (0.028 acres) and is subject to any other easements
existing or in use.
Clinton W. Hansen, PLS \pNPL
Land Solutions, PC
November 20, 2023 Q, m
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Graycliff Estates Subdivision No.4
Land Surveying and Consulting Meridian Temporary Utility Easement A
Job No.21-29
Page 1 of 1
Project Name(Subdivision):
Graycliff Subdivision No. 4
Easement B
TEMPORARY CONSTRUCTION EASEMENT
THIS Agreement,made this 6th day of Feb , 20 24 between KB Home Idaho LLC
("Grantor")and the City of Meridian,an Idaho Municipal Corporation("Grantee");
WHEREAS, Grantor has provided a water main and/or sanitary sewer pipeline right-of-
way easement across the premises and property adjacent to the Temporary Construction
Easement hereinafter described; and
WHEREAS, the utility infrastructure is to be provided for through an underground pipeline
to be constructed by others; and
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 a temporary easement right-of-way over and across the following
described property:
(SEE ATTACHED EXHIBIT A and B)
This Temporary Construction Easement is for the purpose of construction of a water main
and/or sanitary sewer line and related incidental work and storage of materials related to
the construction process.
TO HAVE AND TO HOLD,the said easement and right-of-way unto the said Grantee,its
contractors, agents, successors and assigns. This easement shall terminate and expire 30
days after the installation and acceptance of said underground utility infrastructure by the
Grantee.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,
that after installing and accepting said sanitary sewer and/or water main infrastructure,
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.
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.
TEMPORARY CONSTRUCTION EASEMENT Page 1 Version 04/17/2023
THE GRANTOR hereby 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 they are lawfully
seized and possessed of the aforementioned and described tract of land,and that they have
a good and lawful right to convey said easement. This easement is subject to all prior
easements and encumbrances of record or apparent upon the aforementioned and
described tract of land.
IN WITNESS WHEREOF, the said parties have hereunto subscribed their signatures the
day and year first herein above written.
GRANTOR: KB Home Idaho LLC
t
1
Thomas Coleman, Division President for KB Home ID LLC
STATE OF IDAHO )
) ss
County of Ada )
This record was acknowledged before me on (date) by
Thomas Coleman _ (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 KB Home Idaho LLC (name of entity on behalf of whom record was
executed),in the following representative capacity: Division President (ry Inc of
authority such as officer or trustee)
SABRIN CHI
COMMISSION#46693
NOTARY PUBLIC Notary Signature
STATE OF IDAHO My Commission Expires:
MY COMMISSION EXPIRES 04/2V2024
TEMPORARY CONSTRUCTION EASEMENT Page 2 Version 04/17/2023
GRANTEE: CITY OF MERIDIAN
Robert E. Simison,Mayor 2-6-2024
Attest by Chris Johnson,City Clerk 2-6-2 0 24
STATE OF IDAHO, )
ss.
County of Ada )
This record was acknowledged before me on 2-6-2024 (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:
TEMPORARY CONSTRUCTION EASEMENT Page 3 Version 04/17/2023
Exhibit A
CITY OF MERIDIAN TEMPORARY UTILITY EASEMENT "B"
GRAYCLIFF ESTATES SUBDIVISION NO. 4
LOCATED IN THE SE 1/4 OF SECTION 25, T.W. RAW., B.M.
CITY OF MERIDIAN, ADA COUNTY, IDAHO
A N89'23'56"W 1320.68' _ CE 1/16
C 1/4 1112.42' BASIS OF BEARING 208.26. W RABBIS ST.
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W. LEARMONT ST.
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GRAYCLIFF ESTATES
SUBD. NO. 4 1 g;
I
1,595 SF
0.037 ACC_
F—t. POINT OF BEGINNING : 61_34 ^ _
N
N1'24'51"E/1___I1,i
20.00' 59.89' v,
N88'35'09"W
25 1/4
36 W. AMITY RD.
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0' 75' 150' 300' Lan olutions
Land Surveying and Consulting
231 E 5TH ST,STE.A
MERIDIAN,ID 83642
(208)288-2040 (208)268-2557 fax
www landsolutions biz JOB NO 21-29
Exhibit B
Legal Description
City of Meridian Temporary Utility Easement "B"
Graycliff Estates Subdivision No. 4
An easement located in the SE '/4 of Section 25, Township 3 North, Range 1 West, Boise
Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows:
Commencing at a 518 inch diameter iron pin marking the northeast corner of the NW'/4 of the
SE '/4 (CE 1/16 Corner) of said Section 25, from which a 5/8 inch diameter iron pin marking the
northwest corner of the SE '/4 (Center % Corner) of said Section 25 bears N 89023'56" W a
distance of 1320.68 feet;
Thence along the northerly boundary of said NW'/4 of the SE '/4 N 89°23'56" W a distance of
208.26 feet to a point;
Thence leaving said boundary S 0036'04" W a distance of 843.45 feet to a 5/8 inch diameter
iron pin marking an angle point on the easterly boundary of Graycliff Estates Subdivision No. 3,
as shown in Book 126 of Plats on Pages 20216 through 20218, records of Ada County, Idaho;
Thence S 26°07'57" E a distance of 577.40 feet to the POINT OF BEGINNING;
Thence N 78°55'26" E a distance of 61.34 feet to a point;
Thence S 1°24'51" W a distance of 33.27 feet to a point;
Thence N 88°35'09" W a distance of 59.89 feet to a point;
Thence N 1°24'51" E a distance of 20.00 feet to the POINT OF BEGINNING.
This easement contains 1,595 square feet (0.037 acres) and is subject to any other easements
existing or in use.
Clinton W. Hansen, PLS ONNL LANoS
Land Solutions, PC ,s T ER Up
November 20, 2023 4
11118 °
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Graycliff Estates Subdivision No.4
Land Surveying and Consulting Meridian Temporary Utility Easement B
Job No.21-29
Page 1 of 1