Sanitary Sewer and Water Main Easement Oakcreek, LLC Oakcreek SubdivisionADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 I
BOISE IDAHO 09/15/10 01:53 PM
DEPUTY Gail Garrett II I I ~ II I II'I I'I'I I I II I'I I' II' I I Il I'll
RECORDED-REQUEST OF I
Meridian Ciity i i ~~8~6~5
SANITARY SEWER AND WATER MAIN EASEMENT
THIS INDENTURE, made this ~~~ day of ~P""'~ , 20 io between Oakcreek, LLC ,the
parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County,
Idaho, the party of the second part, and hereinafter called the Grantee;
WITNESSETH:
WHEREAS, the Grantors desire 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 Grantors, and
other good and valuable consideration, the Grantors do 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 EASMT Sandal l
THE GRANTORS hereby covenant and agree that they 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 GRANTORS hereby covenant and agree 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 GRANTORS do 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, and that they will warrant and forever defend the title
and quiet possession thereof against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their
signatures the day and year first herein above written.
GRANTOR:
Thomas M. Coleman, Jr.
President, Coleman Communities, Inc
Manager of Oakcreek LLC
1859 S. Topaz Way, Suite 200, Meridian, ID 83642
Address
Secretary
(~pURTNEY IANO
NpTARY PUBLIC
STATE OF IDiAMO
STATE OF IDAHO )
ss
County of Ada )
On this 2 `~ day of ~'~'Y/-C/' , 20 ~O, before me, the undersigned, a Notary
Public in and for said State, personally appeared Thomas M. Coleman, Jr
and D fAy-(- ~/C~ ,known or identified to me to be the
President and Secretary, ectively of he corporation that executed the within instrument,
and acknowledged to me that such corporation executed the same.
Sanitary Sewer and Water Main Easement EASMT Sandal l
IN WITNESS WHEREOF; I have hereunto set my hand and affixed my official seal the day
and year fist above written.
v v
NOTARY PUBLIC FOR IDAHO
pOURTNEY LONt3 Residing at: 18 5°I 5 . "~P~2 ~a~ Sine
NOTARY PUBLIC Commission Expires: I ~- ~O hP ' 200
STATE OF IDAHO
GRANTEE: CITY OF MERIDIAN
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Tammy de W erd, Mayor G' ~oRQORq ~, y
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Attest b ycee Holman, City Clem ,9Q GG~T'~~ '. ~p``~~~`
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Approved By City Council On: ~'' ~~
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STATE OF IDAHO, )
ss.
County of Ada )
On this ~ L~ day of ' ~~ ~m~e,*~ , 2010, before me, the undersigned, a Notary Public
in and for said State, personally appeared Tammy de Weerd and Jaycee Holman, 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.
.....
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OTARY PUBL R IDAHO
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Sanitary Sewer and Water Main Easement EASMT Sandal l
August 31, 20 l 0
EXHIBIT A
CITY OF MERIDIAN SEWER & WATER
EASEMENT NO. 1
OAKCREEK SUBDIVISION NO. 1
An easement for City of Meridian sanitary sewer and water mains, located in the
NE 1/4 of the NE '/o of Section 33, T.4N., R.1 W., B.M., Meridian, Ada County, Idaho,
being more particularly described as follows:
Commencing at the northeast corner of said Section 33, from which the North '/4
corner of said section bears North 89° 16'45" West, 2635.36 feet; thence along the north
boundary of said NE '/ North 89° 16'45" West, 776.83 feet to a point; thence
S 00°43' 15" W, 186.00 feet to a point; thence S 00°28'25"W, 8.00 feet to the Real Point
of Beginning of said easement;
Thence South 00°28'25" West, 32.00 feet;
Thence North 89° 16'45" West, 20.00 feet;
Thence North 00°28'25" East, 32.00 feet;
Thence South 89°16'45" East, 20.00 feel to the Point of Beginning of said
easement;
Said easement covering 640 SF, more or less.
80 1 2 8180 1 28-sewer&water easel.doc
28 ~/• W. McMILLAN ROAD (BASIS OF BEARING) -
. N 89'16'45"W 2635.36'
33 1858.5 ' ~ 776.83' .
S 89'
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16~~5.~~ I REAL POINT
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640 SF +/- ~
N 8sr16~
W. LOS FLORES STR.
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W. ASTONTE STR.
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EXHIBIT B
SCALE 1 "=100'
DWG.DATE 08/31/10
PROJ. N0. 80128
SHEET
1 OF 1
80128-WATEREASEI.DWG
MERIDIAN CITY SEWER & WATER
EASEMENT N0. 1
OAKCREEK SUBDIVISION N0.1
LOCATED IN THE NE 1/4 OF THE NE 1/4 OF SECTION 33
T.4N., R.1W., B.M., MERIDUW, ADA COUNTY, IDAHO
ENGINEERING
SOLUTIONS
1029 N. ROSARIO STREET, SUITE 100
MERIDUIN, IDAHO 83642
Phone (208) 936-0980 Fox (208) 938-0941
28 27
33 34
August 31, 2010
EXHIBIT A
CITY OF MERIDIAN SEWER & WATER
EASEMENT NO.2
OAKCREEK SUBDIVISION NO. 1
An easement for City of Meridian sanitary sewer and water mains, located in the
NE 114 of the NE'/4 of Section 33, T.4N., R.1 W., B.M., Meridian, Ada County, Idaho,
being more particularly described as follows:
Commencing at the northeast corner of said Section 33, from which the North '/4
corner of said section bears North 89° l 6'45" West, 2635.36 feet; thence along the north
boundary of said NE % North 89° 16'45" West, 643.02 feet to a point; thence
S 00°43' 15" W, 585.83 feet to a point; thence S 00°46'22"W, 8.00 feet to the Real Point
of Beginning of said easement;
Thence South 00°46'22" West, 32.00 feet;
Thence North 89°13'38" West, 66.00 feet;
Thence North 00°46'22" East, 32.00 feet;
Thence South 89°13'38" East, 66.00 feet to the Point of Beginning of said
easement;
Said easement covering 2,112 SF, more or less.
s13 is
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~N W. NPR
80128/80 128-sewer&water easel .doc
28 ~~4 W. McMILLAN ROAD (BASIS OF BEARING)
N 89'16'45"W 2635.36'
~ 1992.34' ~ ~ ~ -
--
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643.02
W. LOS FLORES STR.
28 27
33 3f4
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2.112 SF +/-
ExHieir s
SCALE ,-=,oo' MERIDIAN CITY SEWER & WATER
DWG.DATE o8/3, ~, o EASEM ENT N0.2
PROJ. N0. 801 ZS OAKCREEK SUBDIVISION N0. 1
SHEET
1 OF 1 LOCATED IN THE NE 1/4 OF THE NE 1/4 OF SECTION 33
ATEREASE2.DWG T.4N., R.1W., B.M., MERIDUW, ADA COUNTY, IDAHO
ENGINEERING
SOLUT/ONS~
1029 N. ROSARIO STREET, SUITE 100
MERIDIAN, IDAHO 83642
Phone (208) 938-0980 Fox (208) 938-0941