The Oaks North Subdivision No. 13 Sanitary Sewer and Water Main Easement No. 1 ESMT-2024-0027 (2024-008690) Project Name or Subdivision Name: ADA COUNTY RECORDER Trent Tripple 2024-008690
The Oaks North Subdivision No. 13 BOISE IDAHO Pgs=5 VICTORIA BAILEY 02/21/2024 09:19 AM
CITY OF MERIDIAN, IDAHO NO FEE
Sanitary Sewer&Water Main Easement Number: 1
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: ESMT-2024-0027
SANITARY SEWER EASEMENT
THIS Easement Agreement made this 20th day of February 20 24 between
Toll Southwest LLC ("Grantor")and the City ofMeridian,an Idaho
Municipal Corporation("Grantee");
WHEREAS,the Grantor desires to provide a sanitary sewer right-of-way across the premises and
property hereinafter particularly bounded and described; and
WHEREAS, the sanitary sewer is to be provided for through underground pipelines to be
constructed by others;and
V6'HE:REAS,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 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
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 ofthis 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.
Sanitary Sewer Easement Page 1 Version 01/01/2024
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 thereofagainst 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 ofany 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: To I 16L,+ L L C
STATE OF IDAHO )
ss
County ofAda )
This record was acknowledged before me on L/ 711-LI (date) by Ryan Hammons
(n<une of individual), [eorrlplete the.Jollowirrg l signing in a representative cupucity, oi-strike
rfre,iollowing I)signing in (it? hitlivichfal ccr1mcity] on behalf of Toll Southwest LLC
(name of entity on behalf of whom record was executed), in the following representative
capacity: Division President (type of authority such as officer or trustee)
Notary Stamp Below
Notary Si�re �/ 7/�2
My Commission Expires:_
KYLE PREWM
Notary Public-State of Idaho
Commission Number 20223246
My Commission Expires Jul 7,2028
Sanitary Sewer Easement Page 2 Version 01/01/2024
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor 2-20-2024
Attest by Chris Johnson, City Clerk 2-20-2024
STATE OF IDAHO, )
: ss.
County of Ada )
This record was acknowledged before me on 2-20-2024 (date) by Robert E. Simison
and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City
Clerk, respectively.
Notary Stamp Below
Notary Signature 3-28-2028
My Commission Expires:
Sanitary Sewer Easement Page 3 Version 01/01/2024
Legal Description
City of Meridian Sanitary Sewer Easement
The Oaks North Subdivision No. 13
An easement being located in the SE '/4 of the NE '/4 of Section 28, Township 4 North, Range 1 West,
Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows:
Commencing at a Brass Cap monument marking the northeast corner of said Section 28, from which
a Brass Cap monument marking the southeast corner of the NE %4 (E '/4 corner) of said Section 28
bears S 0°29'20" W a distance of 2638.62 feet;
Thence S 0°29'20" W along the east boundary of said NE '/4 a distance of 2209.04 feet to a point;
Thence leaving said boundary N 89022'02" W a distance of 48.00 feet to the POINT OF BEGINNING;
Thence S 0°29'20" W a distance of 40.00 feet to a point;
Thence N 89°22'02" W a distance of 131.42 feet to a point;
Thence S 77°25'20" W a distance of 26.13 feet to a point on a curve;
Thence a distance of 49.10 feet along the arc of a 55.00 foot radius non-tangent curve left, said curve
having a central angle of 51°08'41" and a long chord bearing N 45'10'47" W a distance of 47.48 feet
to a point;
Thence N 77°25'20" E a distance of 56.35 feet to point;
Thence S 89°22'02" E a distance of 135.95 feet to the POINT OF BEGINNING.
This easement contains 6,825 square feet (0.157 acres) more or less and is subject to any other
easements existing or in use,
Clinton W. Hansen, PLS
Land Solutions, PC
August 24, 2023 \oNP� rgNos
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Land S—eying and Consulting Meridian Sewer Easement
Job No. 18-35
Page 1 of 1
CITY OF MERIDIAN SANITARY SEWER EASEMENT
THE OAKS NORTH SUBDIVISION NO. 13
LOCATED IN THE SE 1/4 OF THE NE 1/4 OF SECTION 28, T4N, R1W, BM
MERIDIAN, ADA COUNTY, IDAHO
E 1/16 - f - N89'25'35"W 1307.26' _ _ 21 22
W. CHINDEN BLVD. 26 27
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48.00' N I
POINT OF BEGINNING
N77'25'20"E 56.35 S89'22'02"E 135.95" 1
---6,825 SF----- o 0
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S77'25'20"yy N89'22'02"W 131.42' Ln N z
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CURVE TABLE
CURVE # LENGTH RADIUS DELTA BEARING CHORD
C1 49.10' 55.00' 51'08'41" N45'10'47"W 47.48'
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�N yy,NP Land Surveying and Consulting
231 E.5TH ST.,STE.A
MERIDIAN,ID 83642
(208)2852040 (208)288-2557 fax
www.iandsolutions.biz JOB NO. 18-35