Sanitary Sewer and Water Main Easement Truce, LLC The Courtyards at Ten Mile SubADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 i
BOISE IDAHO 07/14110 12:14 PM
DEPUTY Bonnie Oberbillig III I'lllll'll'II'IIIIIIIIIIIIIII II ~II
RECORDED-REQUEST OF 11~06459~
Meridian City
SANITARY SEWER AND WATER MAIN EASEMENT
THIS INDENTURE, made this ~ day ofJ~, 2010, between Truce, LLC, the parties ofthe 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 ofthe 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, B and C)
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, replacement and
additional connection thereto of water or sanitary sewer mains at the convenience ofthe 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 or making subsequent connections to the sanitary
sewer or water line, 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 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 Courtyards at Ten Mile Sanitary Sewer and Water Main Easement
Page 1
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.
)_,LC
Managing Member
President of CMD, Inc.
STATE OF IDAHO )
ss
County of Ada )
On this ~ ~ day of , 2010, before me, the undersigned, a Notary Public in and for
said State, personally appeared Douglas T. Campbell, known or identified to me to be the President of CMD,
Inc., Managing Member of Truce, LLC, the limited liability company that executed the within instrument, and
acknowledged to me that such company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist
above written. / ~
NOTARY
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The Courtyards at Ten Mile Sanitary Sewer and Water Main Easement
Page 2
GRANTEE: CITY OF MERIDIAN
Tammy de a d, Mayor
by J~cee L. Holman, City Clerk
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Approved By City Council On:
STATE OF IDAHO )
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County of Ada )
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On this~?J~day of 2010, before me, the undersigned, a Notary Public in and
for said State, personally appeared T DE WEERD and JAYCEE L. 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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The Courtyards at Ten Mile Sanitary Sewer and Water Main Easement
Page 3
EXHIBIT A Section 11, T.3N., R.1 W., BM
These easements are portions of Lots 4 and 7, Block 1, The Courtyards at
Ten Mile Subdivision, are located in the Northwest 1/4 of the Southwest 1/4
of Section 11, Township 3 North, Range 1 West, Boise IVleridian, Ada
County, Idaho, being further described as follows:
BASXS OF BEARING:
The West line of the Northwest 1/4 of the Southwest 1/4 of Section 11,
Township 3 North, Range 1 West, Boise Meridian, derived fiom found
monuments and taken as South 00°42'44" West with a distance between
monuments to be 2646.35 feet.
EASEMENT 1:
COMMENCING at the Northwest corner of Lot 7, Block 1, The
Courtyards at Ten Mile Subdivision, found in Book 89 of Plats, at Page
10414, Ada County Recorder, which bears South 45°27'09" East a distance
of 101.52 feet from the Northwest corner of said Northwest 1/4 of the
Southwest lJ4 of Section 11, thence South 89°20'02" East along the North
line of said Lot 7 a distance of 72.31 feet to the POINT OF BEGINNING
No.1(POB ij, as shown on Exhibit B;
thence continuing along said North line South 89°20`02" East a distance of
24.28 feet;
thence South 33°52'27" East a distance of 37.89 feet;
thence South 89°35'32" East a distance of 66.18 feet;
thence North 00°41'42" East a distance of 10.00 feet;
thence South 89°35'32" East a distance of 150.31 feet into Lot 4;
thence North 00°24`28" East a distance of 20.15 feet to the North Line of said
Lot 4;
thence along said North line South 89°18'18" East a distance of 20.00 feet;
thence South 00°24'28" Vest a distance of 20.05 feet;
LJ;1TS- l Ol1T)f1 N01/~1)~~\ 1 f)Q?~!-C'•UUitTYAI"~T)S AT "I'I;1\
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thence South 89°35'32" East a distance of 3.71 feet to the East line of said
Lot 4;
thence along said East line South 00°41'42" West a distance of 17.61 feet;
thence along a curve to the left with a radius of 82.00 feet, a central angle of
08°41'05 ", an arc length of 12.43 feet , with a chard bearing of South
03°38'50" Bast, and a chord distance of 12.42 feet;
thence North 89°35'32" West a distance of 242.25 feet into said Lot ?;
thence South 45°54'28" West a distance of 119.54 feet;
thence North 44°05'32" West a distance of 20.00 feet;
thence North 45°54'28" East a distance of 115.27 feet;
thence North 33°52'27" West a distance of 48.5$ feet;
to the POINT OF BEGINNING No. 1.
Said easement contains 10,351 square feet or 0.24 acres, more or less.
EASEMENT 2:
COMI~IENCING at the Southwest coiner of Lot 7, Block 1, The
Courtyards at Ten Mile Subdivision, found in Book 89 of Plats, at Page
10414, Ada County Recorder, which bears South 06°54'36" East a distance
of 553.16 feet from the Northwest coiner of said Northwest 1/4 of the
Southwest 1/4 of Section 11, the POINT OF BEGINNING No. 2(POB 2),
as shown on Exhibit C;
Thence along West line of said Lot 7 North 00°41'42" East a distance of
1d.83 feet;
thence South 89° 18' 18" East a distance of 19.36 feet;
thence South 00°41'42" West a distance of 16.83 feet to the South line of
said Lot 7;
thence along said South Tine North 89°18'18° West a distance of 19.36 feet
to the POINT OF BEGINNING No. 2.
Said Easement contains 326 square feet or 0.01 acres, more or less
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EASEMENT 3:
COMMENCING at a point on the South line of Lot 7, Block 1, The
Cou~tyatds at Ten Mile Subdivision, found in Book 89 of Plats, at Page
10414, Ada County Recorder, which beans South I O°41'26" East a distance
of 559.30 feet from the Northwest cornen• of said Northwest il4 of the
Southwest 114 of Section 11, the POINT OF BEGINNING No. 3(POB 3),
as shown on Exhibit C;
thence North 00°41'42" East a distance of 41.13 feet;
thence South 89°18'18" East a distance of 20.00 feet;
thence South 40°41'42" West a distance of 26.45 feet to a point on a curve
on the common line to Lot 6 and Lot 7;
thence from a tangent which bears South 45°47'08" West, along said
common line along a curve to the left with a radius of 7.50 feet, a central
angle of 45°05'26", an arc length of 5.90 feet, with a chord beating of South
23°14'26" West, and a chord distance of 5.75 feat;
thence continuing along said common line South 00°41'42" West a distance
of 9.3G feet to a point on said South line;
thence continuing along said South line North 89° 18' 18" West a distance of
17.79 feet; to the POINT OF BEGINNING No. 3.
Said Easement containing 794 square feet or 0.02 acres, more or less and
Wayne K. Barber P.L.S. 8444
Timberline Surveying
847 Parkcentre Way, Suite 3
Nampa. XD 83651
(208) 465-5687
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SECTION 9'I
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CITY OF MERIDfAN SEWER & WATER EASEMENTS
BLOCK 1, THE COURTYARDS AT TEN MILE SUBDNISION ~~
LOCATED IN THE NW 114 OF TIfE SW 114 OF SECTION 11, ~
'TOWNSHIP 3 NORTIi, RANGE 11Nl:3T, BOISE MERIDIAN, SO1tYI3YIl~iG
MERIDIAN, ADA COUNTY, IDAHO ,,,o.,~R,,,,,w.,, y,,,:~,,.t,,, ~,,,,,, s,a,