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 )
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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.
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Bayside-Sewer- Water-Ease-Agree.doc
GRANTEE: CITY OF MERIDIAN
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Tammy de erd, Mayor \\`,`~~S1tltrrpe:. ,/
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Attest b aycee L. Holman, City Clerk -
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Approved By City Council "~- '~ - ' ' ~ ~ " ~ ~ ~'~
STATE OF IDAHO
County of Ada
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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.
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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.
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