Sanitary Sewer Easement with Aoratos, LLC Smith, Brian for Black Cat Sewer Phase 4
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 8
BOISE IDAHO 04/26/07 01 :42 PM
~~~~~~E~:~~~3~:~ OF 1111111111111111111111111111111111111
Meridian City 107059186
--~~~--_...
This sheet has been added to document
to accommodate recording information
r....~...~....~---------_.-.........-..~......................................._______._~_+_-_.......~.....r......................1
! SANITARY SEWER EASMENT !
BLACK CAT SEWER PHASE 4
BRIAN SMITH
(AORATOS LLC)
.;.......................................~...._u~.....~....~~.~...~........~..~........~.......................................~........~.........~
SANITARY SEWER EASEMENT
THIS INDENTURE, effective this ~J)Jli day of
undersigned Aoratos LLC., who maintains a mailing address of 960 B adwa Ave Ste.
500, Boise, 10 83706, hereafter referred to as "GRANTOR" for the benefit of the City of
Meridian, a municipal corporation of the State of Idaho that maintains a mailing address of
33 East Idaho Street, Meridian, Idaho 83642, hereafter referred to as "CITY".
WITNESSETH:
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 an underground
pipeline to be constructed by others; and
WHEREAS, it will be necessary to maintain and service said pipeline from time to
time by the CITY;
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 CITY the right-of-way for the permanent and temporary
construction easements for the construction, operation and maintenance of a
sanitary sewer line over and across the following described property:
(SEE ATTACHED EXHIBITS A-1, A-2, B-1, & B-2)
The permanent easement hereby granted is for the purpose of construction and
operation of a sanitary sewer line, together with maintenance, repair and
replacement at the convenience of the CITY, with the free right of reasonable
access to such facilities at any and all times.
The temporary construction easement is for the purpose of construction of a sanitary
sewer line and related incidental work. The temporary construction easement shall
expire upon completion of the sanitary sewer line.
TO HAVE AND TO HOLD, the said permanent easement and right-of-way unto the
said CITY, its successors and assigns forever.
1. IT IS EXPRESSLY UNDERSTOOD AND' AGREED, by and between the parties
hereto, that the Grantor shall have the right to use and improve the easement
area for uses which do not interfere with the use of the said easement or the
purposes stated herein. Such uses shall include, but not be limited to
landscaping, a tree selection that is coordinated with the CITY, ingress, egress,
driveways, roads, parking, temporary storage, farming, pathways and utility
extensions. THE GRANTOR(S) do hereby covenant and agree that they will not
place or allow to be placed any permanent structures within the area described
for this easement that would interfere with the use of said easement, for the
purposes stated herein.
SANITARY SEWER EASEMENT, Page 1 of 3
2. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties
hereto, that the CITY, in constructing and in making future repairs, will
expediently replace and restore the premises to a condition comparable to that
existent prior to undertaking such construction, repairs and replacement.
However, the CITY will not be responsible for repairing, replacing or restoring
any permanent structures, large trees or brush placed within the area described
in this easement.
THE GRANTOR(S) does hereby covenant with the CITY that he is lawfully seized
and possessed of the aforementioned and described tract of land, and that he has a
good and lawful right to convey said easement, and that he will warrant and forever
defend the title and quiet possession thereof against the lawful claims of all persons
whomsoever.
IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures the
day and year first hereinabove written.
By:
STATE OF IDAHO)
) ss
County of Ada )
,..d.
On this ~ day of F'd:>ruAl~ ,2007, before me L~A fV\ 5C.tfLA-PIA ,
personally appeared Brian Smith, proved to me on the basis of satisfactory evidence
to be the person whose names is subscribed to the within instrument, and
acknowledged that they executed the same.
,/,~;~:r,;2f~~t" ..
} .; ,,,,,(\TA.!v} ""
~ ~ ~
t~ " ., .1:; I.::. 'I (" .... '. .
~~k.~~~ ~ (
.. i: \ I; ~
~, '~P'_;r \." - c<
";~ {t.,1 t\'tl (' ('"
\}<>t"~'~' ~,
,~
'it f.',f... '".~ '
~RY PJJ:lIC FO~\c:..
My Commission Expires on DLD - Al1Cj - bf
SANITARY SEWER EASEMENT, Page 2 of 3
'\ .
BY: \
_ EE,,\L)--
- f"" ~
Iliam Berg, Jr., City Cler ~% "'0 "'~r 1S't ;~;::~:I;;~).~/::::
-;,... '7"f ~. __ . 'IV" .~.>
......// .--'...".A\IT'i', ,:,:" ,
III <'..\~\".
L.o \- .'" """___ 11111I1Il!.l1l1'\~"
Date approved by Council: Lt:.....~ r WNJ .0. I I ~o.::>)
Beneficiary: CITY OF MERIDIAN
STATE OF IDAHO, )
ss.
County of Ada )
On this ~ \ ')k day of Vlt\ c,--rt_ Ge---.J , 2007, before me, the
undersigned, a Notary Public in and for said State, personally appeared Tammy de
Weerd and William G. Berg, Jr., known to me to be the Mayor and City Clerk,
respectively, of the City of Meridian, Idaho, and who executed the within instrument, and
acknowledged to me that the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year first above written.
(SEAL)
........
...~l\.s~;:..
:~o'lAliPif..~
. I I .
. , , .
. I : .
~ \ --~,/:
.. '" 1:1IJJ}II..,{
..~.tD:. C1I ~ ·
.......
~ ~ CU\ iv\ ~Vvl ~
NOTARY PUBLIC FOR IDAHO,
RESIDING AT: U)'fl--Llbc,-< jol
MY COMMISSION EXPIRES: 10-)')-11
SANITARY SEWER EASEMENT, Page 3 of 3
- - - ._--'._._._----_."-'=-~:'"..:~=-;<;:;,;:~~-:
Project:
Date:
1 0.06-059
February 13, 2007
EXHIBIT A-1
PARCEL DESCRIPTION FOR A
PERMANENT EASEMENT
That portion of the Southeast 14 of the Southeast % of Section 24, Township 3 North, Range 1 West,
Boise Meridian, Ada County, Idaho, and more particularly desaibed as follows:
Commencing at the Southeast comer of Section 24; thence along the Easterly boundary line of the
Southeast 14 of said section, North 00"38'24" East, 1,321.03 feet to the intersection of South Meridian Road and
West Maestra Street; thence along the center line of said West Maestra Street as shown on the plat of Strada
Bellissima Subdivision No.1, as recorded under the official records of Ada County, Idaho, at Book 93, page
11265; North 89"25'18" West, 95.00 feet; thence South 00"38'24" West, 25.00 feet to the Southerly right-of-way
line of West Maestra Street, the POINT OF BEGINNING;
thence along said right-of-way South 89"25'18" East, 5.10 feet;
thence along a curve to the right 31.44 teet, having a radius of 20.00 teet, a delta of 90'04'04", and a
long chord which bears South 44"23'16" East, 28_30 feet to the Westerly right-at-way at South Meridian Road;
thence along said right-at-way South 00'38'45" West, 1,190.75 feet;
thence North 89'21'14" West, 5.01 feet;
thence South 00"38'46" West, 16.97 feet;
thence South 55"45'48" West, 24.37 feet;
thence North 00"38'24" East, 1,241.65 feet to the POINT OF BEGINNING.
Containing 0.706 acres, more or less.
END OF DESCRIPTION
Prepared by:
J-U-B ENGINEERS, Inc.
Gregory E. Holkesvig, P .loS.
RMH/TlK:lhc
P:\PHK\10-06-D59 Black Cat PH4\Easements\1o-06-Q59-StradaPerm.doc
~
<C
en
TRA A B
UBO VlSIO
" . . -- - . - --.--~-.-.".-,",.."~-.......--.--,~.... . _ ,. . . . . ".. .....~._--............;'r-o......,....,..."_..,.._,____ _'.'" "
_ . - :. ...... ,,_..r.,t,.._.~:~"'':~''<'':~J.1_''''''-:'r''':';.__',,_;,,:_~.:.'',=:.:..:.~~;:.'!:-~,.-
S Xe CORNER
N
BLOCK 2
20
15
11
10
7
o
0::
Z
<C
is
Q:
LaJ
::E
CI)
6
5
4
2 19
W. VICTORY RD 2 0
P.O.C.
- --
260
LINE
l1
l2
L3
L4
L5
LS
CURVE TABLE
CURVE LENGTH RADIUS TANGENT DELTA
C1 31.44 20.00 20.02 90"04'04"
~
l'fIiIIIIII!I - ru, · ........
11aDGC:iJlDiN'r.AN01IE. ~ I'fDL~PfDCnINMllI ~
M"'_"'_____qt; f';~U B
.......__...._.,_TOISIIIl!D...lMZlICIINRI'.. .. "
....-___TMll__ ........ .
-....""....-... - -~
-""..... -----
~ IIIiS1MIIMGEH .--..
~ PfOC
JL
1['
11m 0 200
SCALE: 1 "=200'
460
LINE TABLE
lENGTH BEARING
95.00' N89"2S'18"W
25.00' SOO.38'24"W
5.10' S89.25'18"[
5.01' N89"21'14"W
1S.97' SOO.38'4S"W
24.37' S55'45' 48"W
CHORD BEARING
S44"23'16"E
CHORD
28.30'
SHEET
1
EXHISfT A.2
OF
1
"""--~--~~~"':'I
Project:
Date:
1 0-06-059
February 15, 2007
EXHIBIT B.1
PARCEL DESCRIPTION FOR A
TEMPORARY EASEMENT
That portion of the Southeast ~ of the Southeast 1j.j of section 24, Township 3 North, Range 1 West, Boise
Meridian, Ada County, Idaho, and more particularly described as tollows:
Commencing at the Southeast comer of Section 24; thence along the Easterly boundary line of the
Southeast 1j.j of said section, North 00"38'24" East. 1,321.03 feet to the intersection of South Meridian Road and
West Maestra Street; thence along the center line of said West Maestra Street as shown on the plat of Strada
Bellissima Subdivision No.1. as recorded under the offidal records of Ada County, Idaho. at Book 93, page 11265;
North 89025'18" West, 95.00 feet; thence South 00" 38'24"' West, 25.00 feet to the Southerly right-of-way line of
West Maestra Street, the POINT OF BEGINNING;
thence continuing, South 00"38"24" West, 988.94 feet to the Northerly boundary line of lot 5, Block 2, Strada
BeUissima Subdivision No.1;
thence along said Northerly boundary line North 89"21'36" West. 50.00 feet;
thence North 00" 38"24" East, 988.88 feet to the Southerly right-at-way line of West Maestra Street;
thence South 89"25'18" East, 50.00 feet to the POINT OF BEGINNING.
Containing 1.135 acres, more or less.
TOGETHER WITH:
That portion of the Southeast 1j.j of the Southeast 1j.j of Section 24, Township 3 North, Range 1 West, Boise
Meridian, Ada County, Idaho, and more particularly described as follows:
Commenting at the Southeast corner of Section 24; thence along the Easterly boundary line of the
Southeast 1j.j of said section, North DO" 38'24" East, 1,321.03 feet to the intersection of South Meridian Road and
West Maestra Street; thence along the center line of said West Maestra Street as shown on the plat of Strada
BeUissima SubdiVision No.1, as recorded under the offidal records of Ada County, Idaho, at Book 93, page 11265;
North 89025'18" West, 95.00 feet; thence South 00038'24" West, 1,180.58 feet, the POINT OF BEGINNING;
thence continuing South 00038'24" West, 86.07 feet to the Northerly right-at-way at West Victory Road;
thence along said right-of-way the following three courses:
1. South 55"45'48" West, 24.35 feet;
2. thence North 89021'16" West, 57.09 feet;
3. thence along a non-tangent curve to the right 73.33 feet, having a radius of 318.31 feet, a
delta of 13 "11'55", and a long chord which bears North 84"48'44" West, 73.16 feet;
thence North 00.38'24" East, 94.21 feet;
thence South 89021'16" East, 150.00 feet to the POINT OF BEGINNING.
Containing 0.339 acres, more or less.
END OF DESCRIPTION
-~
Prepared by:
J-U.B ENGINEERS, Inc.
Gregory E. Holkesvig, P.LS.
GEH/TLK:lhc
P:\PHK\10.06-059 Black Cat PH4\Easemeots\1Q-06.OS9.StradaTemp.doc
s }fa CORNER N.
C
et::
~ J[,
C
26 I a:: 1['
~ I lLJ
-oJ I ::i
<( vi
24 I
uS
~
N
;-,0 2& ~ 0 200 400
o~ SCALE: 1"=200'
"":r-
N
I"')
-I~
.
C\I
I~
0
I~
24. 19
W. VICTORY RD 25 0
PoOoC.
5
~
!
LINE
L1
LZ
L3
L4
L5
L6
L7
L8
L9
.. -- .... ,,,._.....,-""'...,,....-,,~~-~, .,JI "!":_
LINE TABLE
LENGTH BEARING
95.00' N89025'18" W
25.00' S00038'24"W
50.00' 589025'18"[
50.00' N89021 '36"W
94. l' NOo038'24"E
1 0.00' 589'21'16"[
86.07' 500'38'Z4"W
24.35' 555'45' 48"W
57.09' N89021'16"W
CURVE TABLE
CURVE LENGTH RADIUS TANGENT DELTA CHORD BEARING CHORD
i
C1
73.33 318.31
36.83
...._._~_ _fU:
,...._..__..1lE-.... -,,"""'-
.............~... "'1'0. 1IIRrI.1f1Rl.lS"1INn'. aMe..,..,
==~..---"" "*'.....~..-
-..-
....~ EtI
~
~~
----..
13'11'55"
N84048' 44"W
73.16'
SHEET
1
EXHIBrT B-2
OF
1