Sagarra Subdivision No. 2 ESMT-2024-0010 (2024-006172) ADA COUNTY RECORDER Trent Tripple 2024-006172
BOISE IDAHO Pgs=5 CHE FOWLER 02/07/2024 08:26 AM
Project Name or Subdivision Name: CITY OF MERIDIAN, IDAHO NO FEE
Sagarra Subdivision No.2
Sanitary Sewer&Water Main Easement Number: 2
Identify this Easement by sequential number if the project contains more than one easement of
this type.See instructions/checklist for additional information.
For Internal Use Only
Record Number: F,SMT-2024-0010
SANITARY SEWER AND WATER MAIN EASEMENT
THIS Easement Agreement made this 6th day of February 20 24 between
High Desert Development Linder Village,LLC ("Grantor")and the City ofMeridian,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.
T O HAVE AND T O 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 01/01/2024
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: High Desert Development Linder Village, LLC
By:Josepp/6. Huarte, ager
STATE OF IDAHO )
) ss
County of Ada )
This record was acknowledged before me on 1 I f a I ' O q(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 High Desert Development Linder Village,LLC
in the following representative capacity: Manager (type of
authority such as officer or trustee)
ELI1�a RETT"
COMMISSION .20221608 (—
NOTARY PUBLIC
STATE OF IDAHO Notary Signature
My Commission Expires:, U v V
Sanitary Sewer and Water Main Easement Page 2 Version 04/17/2023
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor - -
207T—
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 3-28-2028
My Commission Expires:
Sanitary Sewer and Water Main Easement Page 3 Version 04/17/2023
EXHIBIT A
SAGARRA SUBDIVISION 00- 2
WATER AND SEWER EASEMENT 02
A water and sewer easement located in Lot 12 and 13 Block 1 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 an aluminum cap being the northwest corner of said Section 25;thence
5.89'22'30"E. a distance of 2551.07 feet along the north line of said Section 25 to a point;
thence S.00°37'30"W. a distance of 500.01 feet to a point, said point also being the POINT OF
BEGINNING;
Thence S.89°27'27"E. a distance of 20.00 feet to a point;
Thence 5.00'32'03"W. a distance of 57.89 feet to a point;
Thence N.89°21'24"W. a distance of 20.00 feet to a point;
Thence N.00°32'03"E. a distance of 57.85 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.
N�� N
15758
IZ—I R-23 10
/ OF
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EXHIBIT B
SAGARRA SUBDIVISION NO. 2
WATER AND SEWER EASEMENT #2
EXHIBIT DRAWING SHOWING A WATER AND SEWER EASEMENT FOR SAGARRA
SUBDIVISION NO. 2 LYING IN THE NW 1/4 OF SECTION 26, UN., RAW., B.M., ADA
COUNTY, IDAHO, 2023.
CR
2017-072470 W. CHINDEN BLVD.
23 24 _ S89-22'30-E 2659.54'
26 25 2551.07' 118.4
CR 2017-072469
N 1/4 SEC. 25
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589'27'57-E
LEGEND 20.00'
I
• SECTION LINE I I
LOT LINE A,
CENTER UNE ( I 'Y
— — — — — — EASEMENT I
ALUMINUM CAP
9 CALCULATED POINT-NOT SET ml I N
V BROKEN UNE N (�
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I I
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Q N89'21'24`W
15700 0
g 20.00' S89'21'24"E
7.45'
W. ORCHARD PARK DR.
i OFF®
GRAPHIC SCALE
10 5 10 20 40
(w�T)
1 Nch
Q1 9ECL BY: ]� _ SHEET; OF
J.J. HOWARD 12/13/23 cLs /�\® /� ° 1 1 SAGARRA SUBDIVISION No. 2
WN scNe DISAwR�: DR,urwc eo.
auemrza/.iw .r.v 1" = 2D' CLS ------ WATER AND SEWER EASEMENT — EXHIBIT B