Loading...
Sanitary Sewer and Water Main Easement with Bayside Capital Co., a Nevada Corporation for Bayside Taylor Commerce SubdivisionADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 ; BOISE IDAHO iPJ22110 11:61 AM DEPUTY Vicki Allen II I I' II I II II I (II I II II ~I I ~ II IIII'll'll RECORDED-REQUEST OF i 10120567 City at Meridian SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this ~~ day of M~-O-c~ , 20 I ~ between Ba. siY de Capital Co a Nevada Corporation ,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 Bayside-Sewer-Water-Ease-Agree.doc 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: Bayside Capital Co., a Nevada Corporation John B. S~ubin, President STATE OF IDAHO ) ss County of Ada ) On this 3 ! ~' day of /~tAQtl~}' , 20 t0 ,before me, the undersigned, aNotary Public in and for said State, personally appeared John B. Schubin, known or identified to me to be the President of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ;, , ~YY ~.T •h A\ ~ ®~ O F [1 W . ~ tom' • .. (S~P~~) ., s • .~ ~ • r . 4 w' re pUgy1`rs ,~,~`,~ Sanitary Sewer and t®~Ia'i~~asement ,.n+e~o O ARY PUBIC FOR, I~D~H~O Re dingRe ding at: , Commission Expires: ~s'~3 Bayside-Sewer- Water-Ease-Agree.doc GRANTEE: CITY OF MERIDIAN G~~ -~ Tammy de erd, Mayor \\`,`~~S1tltrrpe:. ,/ ~'~ rF ~~- o Attest b aycee L. Holman, City Clerk - = $ '~ ~ ' . L Approved By City Council "~- '~ - ' ' ~ ~ " ~ ~ ~'~ STATE OF IDAHO County of Ada ss ~~ ";,9p SST is~ • •T ~~ 9 pQ' ~.~ ~~'%~~ COUNTY ~ ~~~~`~~ On this ~ ~"F day of~%20~,~_, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY 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. •...... •.•~ZCA JO~,. •5 TA ~,cfl. i'', ~ ,mil , • •'w'~ ~ ~ ~~ • NO ARY PUBL C F AHO (~EAL) ~; ~ Residing at: cum l • `, ~ ~ Commission Expires: ~ • ; ••9f ---~,•,~?,• •~ E t~F ~...,: Sanitary Sewer and Water Main Easement Bayside-Sewer-Water-Ease-Agree.doc Project. No.: 3314 Date: March 18, 2010 TEALEY'S LAND SURVEYING 187 E. 50th Street • Garden City, Idaho 83714 (208) 385-0636 Fax (208) 385-0696 EXHIBIT "A" DESCRIPTION OF CITY OF MERIDIAN WATER ~ SEWER MAIN EASEMENT FOR BAYSIDE TAYLOR COMMERCE PARK SUBDIVISION EASEMENT #1: A parcel of land being a portion of the East 1/2 of the SW 1/4 of Section 12, T.3N., R.1W., B.M., Meridian, Ada County, Idaho and more particularly described as follows: COMMENCING at an aluminum cap marking the Southwest corner of said East 1/2 of the SV1/ 1/4 of Section 12; thence along the West line of said East 1/2 of the SW 1/4 of Section 12, which is also the East line of Creamline Park Subdivision, as filed for record in the office of the Ada County Recorder, Boise, Idaho in Book 99 of Plats at page 12784 North 00°01'00" West 931.25 feet to POINT OF BEGINNING #1; thence continuing North 00°01'00" West 55.03 feet to a point; thence leaving said West line South 90°00'00" East 126.49 feet to Point of Beginning #2; thence South 79°56'22" East 31.48 feet to a point, hereinafter referred to as Point A; thence South 90°00'00" East 324.45 feet to a point; thence at right angles North 00°00'00" East 32.00 feet to a point; thence at right angles North 90°00'00" East 20.00 feet to a point; thence at right angles South 00°00'00" West 32.00 feet to a point; thence at right angles North 90°00'00" East 8.00 feet to a point; thence North 45°00'00" East 21.21 feet to a point, hereinafter referred to as Point B; thence North 87°13'33" East 55.01 feet to a point, hereinafter referred to as Point C; thence South 00°45'56" East 26.14 feet to a point; thence South 45°00'00" East 140.52 feet to a point; thence North 89°23'18" East 53.65 feet to a point; thence South 00°01'00" East 11.33 feet to a point on a curve on the North right-of-way line of West Taylor Avenue; thence along said North right-of-way line along the arc of a curve to the left whose radius is 110.00 feet, whose central angle is 18°54'23", whose length is 36.30 feet and whose long chord bears South 75°29'54" West 36.13 feet to a point; thence leaving said North right-of-way line South 89°23'18" West 26.87 feet to a point; thence North 45°00'00" West 112.44 feet to a point; thence North 90°00'00" West 31.60 feet to a point; thence at right angles North 00°00'00" East 28.42 feet to a point; thence at right angles North 90°00'00" West 45.90 feet to a point; thence at right angles South 00°00'00" West 31.00 feet to a point; thence at right angles North 90°00'00" West 20.00 feet to a point; thence at right angles North 00°00'00" East 31.00 feet to a point; thence at right angles North 90°00'00" West 112.00 feet to a point; thence at right angles South 00°00'00" West 31.00 feet to a point; thence at right angles North 90°00'00" West 25.00 feet to a point; thence at right angles North 00°00'00" East 18.50 feet to a point; thence at right angles North 90°00'00" West 40.00 feet to a point; thence at right angles North 00°00'00" East 7.50 feet to a point; thence at right angles 3314-water-sewer-ease-desc.doc-jdw Page 1 of 3 City of Meridian Water and Sewer Main Easements Bayside Taylor Commerce Park North 90°00'00" West 60.00 feet to a point; thence at right angles South 00°00'00" West 26.00 feet to a point; thence at right angles North 90°00'00" West 20.00 feet to a point; thence at right angles North 00°00'00" East 26.00 feet to a point; thence at right angles North 90°00'00" West 110.90 feet to a point; thence at right angles North 00°00'00" East 10.50 feet to a point; thence at right angles North 90°00'00" West 106.49 feet to a point; thence South 00°01'00" East 35.02 feet to a point; thence at right angles South 89°59'00" West 20.00 feet to POINT OF BEGINNING #1. Page 2 of 3 Said Parcel of Land Contains 21,711 Sq. Ft., more or less. Together With EASEMENT #2: A parcel of land being a portion of the East 1/2 of the SW 1/4 of Section 12, T.3N., R.1W B.M., Meridian, Ada County, Idaho and more particularly described as follows: BEGINNING AT POINT OF BEGINNING #2 as described above in Easement #1; thence North 00°00'00" East 117.00 feet to a point; thence at right angles North 90°00'00" West 20.00 feet to a point; thence at right angles North 00°00'00" East 20.00 feet to a point; thence at right angles South 90°00'00" East 20.00 feet to a point; thence at right angles North 00°00'00" East 167.00 feet to a point; thence at right angles North 90°00'00" West 20.00 feet to a point; thence at right angles North 00°00'00" East 20.00 feet to a point; thence at right angles South 90°00'00" East 20.00 feet to a point; thence at right angles North 00°00'00" East 131.64 feet to a point on the South line of the City of Meridian sanitary sewer easement on file under Inst. No. 7801832; thence along said South line South 89°06'32" East 418.50 feet to a point; thence leaving said South line South 00°00'00" East 23.34 feet to a point; thence South 44°06'58" East 42.86 feet to a point; thence South 00°45'56" East 24.74 feet to a point; thence at right angles North 89°14'04" East 20.00 feet to a point; thence at right angles South 00°45'56" East 20.00 feet to a point; thence at right angles South 89°14'04" West 20.00 feet to a point; thence at right angles South 00°45'56" East 199.16 feet to a point; thence at right angles North 89°14'04" East 20.00 feet to a point; thence at right angles South 00°45'56" East 20.00 feet to a point; thence at right angles South 89°14'04" West 20.00 feet to a point; thence at right angles South 00°45'56" East 104.00 feet to a point; thence at right angles North 89°14'04" East 28.12 feet to a point; thence at right angles South 00°45'56" East 15.00 feet to a point; thence at right angles South 89°14'04" West 28.12 feet to Point C of said Easement #1; thence along the North line of said Easement #1 South 87°13'33" West 55.01 feet to a point; thence leaving said North line North 00°00'00" East 358.19 feet to a point; thence at right angles North 90°00'00" West 10.00 feet to a point; thence at right angles North 00°00'00" East 20.00 feet to a point; thence at right angles South 90°00'00" East 10.00 feet to a point; thence at right angles North 00°00'00" East 30.00 feet to a point; thence North 44°06'58" West 10.96 feet to a point; thence North 89°06'32" West 265.03 feet to a point; thence South 45°53'28" West 30.58 feet to a point; thence North 89°06'32" West 65.87 feet to a point; thence South 00°00'00" West 34.00 feet to a point; thence at right angles North 90°00'00" West 7.00 feet to a point; thence at right angles South 00°00'00" West 205.91 feet to a point; thence at right angles City of Meridian Water and Sewer Main Easements Bayside Taylor Commerce Park Page 3 of 3 South 90°00'00" East 7.00 feet to a point; thence at right angles South 00°00'00" West 60.00 feet to a point; thence at right angles North 90°00'00" West 7.00 feet to a point; thence at right angles South 00°00'00" West 115.00 feet to Point A of said Easement #1; thence along said North line of Easement #1 North 79°56'22" West 31.48 feet to POINT OF BEGINNING #2. Said Parcel of Land Contains 49,426 Sq. Ft., more or less. ~;4347a~ °~ ~ c~~ ~~~~~ 3