Sanitary Sewer and Water Main Easement with BHH Kingsbridge, LLC for Kingbridge Subdivision Phase 2ADA COUNTY RECORDER Chrlatopher D. Rich AMOUNT ,Op 11
BOISE IDAH010/05/11 01:07 PM
DEPUTY Lisa Bah III I'IIIII'II'III~I'll'll'll'I~I I I III
RECORDED-REQUEST OF
Meridian Ciy 1 1 1 080606
SANITARY SEWER AND WATER MAIN EASEMENT
~~
THIS INDENTURE made this ~ ~~ da of 20 betwe n '
L.- y e BHH Kin sg brill eg LLC, the
parties of the first part, and hereinafter called the Grantors, and the Ci 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.
THE GRANTORS hereby covenant and agree that they will not place or allow to be
Sanitary Sewer and Water Main Easement
Sewer and V~ater_9_8_l 1 unsigned
Easement Phase 3
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 an art of
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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 wa and easement
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hereby granted which lies within such boundary thereof or which is a art thereof shall
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cease and become null and void and, of no further effect and shall be com Ietel
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relinquished,
THE GRANTORS do hereby covenant with the Grantee that they are lawfull seized
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and possessed of the aforementioned and described tract of land, and that the have a
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good and Iawful 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 ersons
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whomsoever.
IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their
signatures the day and year first herein above written.
R:
J es H. Hunter, Manager `~
HH Kingsbridge LLC, an Idaho LLC
STATE OF IDAHO
SS
County of Ada )
~;
On this ~~ da f y ~ ~
o ~ 20 ~ ~ before m
Y e, the undersigned, a
Notary Public in and for said State, personally appeared
.~a~ Yi r',~~ ~ • ~ ,known or identified to me to be the Mana er of the
. .. g
Idaho 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.
TARP PUBLIC FO IDAHO r ,~
Residin at: ~ , I ~a~~'
g ~ ~~
. ~ ''~P
Commission Expires: ,~ ~~
GRANTEE: CITY OF MERIDIAN ~ p'C~A~~ G
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Sanitary Sewer and Water Main Easement Easement_ as ~~~,~C
Sewer and Water 9_8_11_unsigned
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Tamm de erd, Ma or ~~,~,:r~n~v~~sr
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City of
. ~ IDIAN
A est by J cee L. Holman, City Clerk ~ ~~AN°
^d~ SEAL ~~
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Approved By City Council On: ~ ~
STATE OF IDAHO, )
ss.
County of Ada )
On this -- ~ da of 20l ~ before me the undersi ned a Not
Y -~ ~ g ~ ~`y
Public in an 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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SEAL ,~ ~ ~~~' ~ .. T ^' ~~ : TARY P B I FOR IDA
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Commission Expires: ~ ~ cal L
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Sanitary Sewer and Water Main Easement Easement_Phase 3
Sewer and water_9_8_11 unsigned
..,
Sewer-Water Easement No. 2
This easement is situated in a portion of Lot 11, Block 2 of Dartmoor Subdivision, Book 64,
Page 6539, on file in the Office of the Recorder, Ada County, Idaho, located within a portion of
the SE 1 /4 of the N W 1/4 of Section 28, Township 3 North, Range I East of the Boise Meridian,
City of Meridian, Ada County, Idaho and is more particularly described as follows:
COMMENCING at the west 1/4 corner of said Section 28, said point monumented with a 5/8-
inch diameter iron rod and referenced in Corner Perpetuation an Filing instrument No.
109000681, on file in the Office of the Recorder, Ada County, Idaho; thence along the south
boundary of the SW 1/4 of the NW 1/4 of said Section 28,
A) S.89°23'38"E., 1327.92 feet to the southwest corner of the SE 1/4 of the N W '/< of said
Section 28; thence along the south boundary of the said SE 1/4 of the NW 1/4,
1) 5.89°25' 12"E., 576.54 feet to the southeast corner of proposed Kingsbridge
Subdivision Phase 2; thence along the easterly boundary of said proposed
Kingsbridge Subdivision Phase 2 the following courses:
2) N.00°29'23"E., 230.$5 feet; thence,
3) S.89°30'16"E., 14.00 feet; thence,
4) N.00°29'23"E., 182.50 feet to the northeast corner of Lot 36, Block 3 of said
proposed Kingsbridge Subdivision Phase 2; thence along the north boundary
of said Lot 36,
5) N,89°30' l6"W., 17.65 feet; thence leaving said north boundary and continuing
along the east boundary of said proposed Kingsbridge Subdivision Phase 2,
6) N.00°29'23"E., 50.00 feet; thence,
7) 5.89°30'16"E., 84.68 feet; thence,
L:\Project Files\Cl 1005\Survey\LEGAL DESCR1PT10NS1Exhi6il A, Sewer-Water Esmt. No. 2 08241 l.doc
Project: CI 1005
Date: August 24, 20l 1
Page: 2 of 2
8) N.00°29'44"E., 145.00 feet; thence,
9) 5.89°30'16"E., 437.54 feet to the southeast comer of Lot 6, Block 5
of said proposed Kingsbridge Subdivision Phase 2; thence along the east boundaly
of said Lot 6,
] 0) N.00°29'23"E., 155.00 feet to the POINT OL' S)/GINNING; thence,
B) N.OD°29'23"E., 57.66 feet; thence leaving the east boundary of said proposed
Kingsbridge Subdivision Phase 2,
7) 5.89°30'16"E., 42,00 feet; thence,
2) S.00°29'23"W., 57.66 feet; thence,
3) N.89°30' 1G"W., 42.00 feet to the POINT Or B1;GINNING.
L:\Project Piles\C] 100515urveylLEGAL DESCRIPTIONS\Exhibil A, Sewer-Wafer Esmt. No. 2 082A1 Ldoc
EXHIBIT "S"
PROPOSED KINGSBRiDGE SL[BDIVI$ION PHASE 2
SITUATED IN THESE 114 OF THE N W 1!4 OF SECTION 28
TOWNSHIP 3 NORTH, RANGE 1 FAST, BOISE MERIDIAN
CITY OF MERIDIAN, ADA COUNTY, IDAHO
20tl
509'30'16"E
a2.oo
wl 3I
POINT OF ~~,~ ~~;
BEGINNING o ~ ~ '
E. BRENTOR ST. _ ~ n ~ ~
N09'JO I6"Wd
92.00
v wl
O
a Nlo
o
LEGEND ~ m
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----- EXHIBIT LINE ~~ LOT 6 z
ROAD RIGHT-DF-WAY .~'9
LOT LINE ~'~~G
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i~ 5/8" IRON ROD ~
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589'30'16 E
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0 CALCULATED POINT w ~ 437 54
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05t~,g5~o ~ ~ S
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T 84.68 0 .L1~ 4
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~ POINT OF COMMENCEMENT
I /4 ~ S09'23'Je"E_ ~ 588'25'12"E
29 ~~:r 281/ _1Jazsi -'1/ - s7ss4--
PROJECT N0, EXHIBIT B~~
C11005 wR: ao-zs-n
KINGSBRIDGB SUBDIVISION PH 2 =~ ~=•r~,M`9RK
SHEET ~„e°°.m."wC"
SEWER-WATER EASEMENT N0. 2 ~~~` ~ ~ °`°~'"'~°~~°°°'
1 of I oES~~ ~ ...,.~ „_~.
COMMENCING at the west 1!4 corner of said Section 28, said point momimented with a 5/8-
inch diameter iron rod and referenced in Corner Perpetuation an Filing Instrument No.
109000681, on file in the Office of the Recorder, Ada County, Idaho; thence along the south
boundary ofthe SW 1/4 oftheNW 1/4 of said Section 28,
A) 5.89°23'38"E., 1327.92 feet to the southwest corner of the SE 1/4 oftheNW %n of said
Section 28; thence along the south boundary of the said SE I/4 oftheNW 1/4,
1) 5.89°25' 12"E, 576.54 feet to the southeast corner of proposed Kingsbridge
Subdivision Phase 2; thence along the easterly boundary of said proposed
Kingsbridge Subdivision Phase 2 the following courses:
2) N.00°29'23"E., 230.85 feet; thence,
3) S.89°30'16"E., 14.00 feet; thence,
4) N.00°29'23"E., ] 82.50 feet to the northeast comer of Lot 36, Block 3 of said
proposed Kingsbridge Subdivision Phase 2; thence along the north boundary
of said Lot 36,
5) N.89°30'16"W., 17.65 feet; thence leaving said north boundary ,
6) N.00°29'23"E., 10.00 feet the POINT OF BEGINNING; thence,
B) N.00°29'44"E., 37,00 feet; thence leaving the east boundary of said proposed
Kingsbridge Subdivision Phase 2,
L:\ProjectFiles\CI]005\Survey\LEGALDESCRIPTIONS\Exhibit A,Sewer-WaterEsmt.No.1082411.doc
This easement is situated in a portion of Lot 11, Block 2 of Dartmoor Subdivision, Book 64,
Page 6539, on file in the Office of the Recorder, Ada County, Idaho, located within a portion of
the SE 1 /4 oftheNW 1/4 of Section 28, Township 3 North, Range 1 East of the Boise Meridian,
City of Meridian, Ada County, Idaho and is more particularly described as follows:
Project Cll 005
Date: August 24, 2011
Page: 2 of 2
]) 5.89°30'16"E., 205.24 feet; thence,
2) S.00°29'44"W., 37.00 feet; thence,
3) N.89°30'16"W., 205.24 feet to the POINT OI' B)/GINNING.
L:\Projecl Piles\CI 10051Survey\LEGAL DESCRIPT10N5\Exhibit A, Sewer-Water Esml. No. 106241 Ldoc
EXHIBIT "B"
PROPOSED KINGSBRIDGE SUBDIV1S10N PHASE 2
SITUATED IN THE SE U4 OF THE NW 114 OF SECTION 2S
TOWNSHIP 3 NORTH, RANCE 1 EAST, BOISE ML-RIDIAN
CITY OF MERIDIAN, ADA COUNTY, IDAHO
2011
POINT OF
BEGINNING
o --- - 205.29 3
I °,~ L'. KINGSBBIllGE 51'. ~I°o
Im Hli:
o^
_ _ 2os2<
~ ~ N09'30'16'W
N89'30'16"W~ I
t].65 I
I
LOT 36 I
I
G~ I
4ti~ ~' ~ I N ~w
CsS~ CSC o, m "~~ n
~~ 4~ of ~5~~~~ .
~,~ ~o~ I ~titi' 4~
Qg~~tiJly LOT 35 ~ ~w9~`OC~
4 c~~~ I p4 ~ti~
589'30'16"E i '44~~~
C'J 19.00
x -~, .b
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3 ~
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LEGEND
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LOT 33 ~ I
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~ POINT OF COMMENCEMENT I
LOT 32 I
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589'23'30"E _ 589'25'12"E
~ 132].92 _.^ ~ 5]fi.51 -
29
28
----- EXHIBIT LINE
- - ~- SECTION, 1/4 OR 1/16 LINE
- ROAD RIGHT-OF-WAY
- LOT LINE
._ 5/6" IRON ROD
A CALCULATED POINT
PROJECT N0. EXHIBIT Brr
CI1005 mre: oa-zs-u
KINGSBRIDGE SUBDIVISION PH 2 ~ N,. --~..~MA,I?!Y
SHEET worm ac oa 1NOUns "„°J;~.~IR:,~.q;;
I of I SEWER-WATER EASEMENT N0. 1 ~~~~ --~
MEflI01NN ION1D a¢gry wr: F. BHOWNELL P.LS.
Sewer-Water Easement No. 3
This easement is situated in a portion of Lot 11, Block 2 of Darhuoor Subdivision, Book 64,
Page 6539, on file in the Office of the Recorder, Ada County, Idaho, located within a portion of
the SE ] /4 of the NW 1/4 of Section 28, Towttsl»p 3 North, Range 1 Easl of the Boise Meridian,
City of Meridian, Ada County, Idaho and is more particularly described as follows:
COMMENCING at the north 1/16 west corner of said Section 28, said point monumented with a
5/8-inch diameter iron rod; thence along the north boundary of the S 1/2 of the NW 1/4 of said
Section 28,
A) S.89°30' 16"E., ] 756.17 feet to the northeast corner of the proposed Kingsbridge No. 2
Subdivision; thence along the easterly boundary of said proposed Kingsbridge No. 2
Subdivision,
1) S.00°29'44"W., ] 81,00 feet; thence,
2) S.89°30'16"E., 60.06 feet; thence,
3) 5.00°29'44"W., 3.00 feet to the POINT OF BEGINNING; thence leaving the
easterly boundary said proposed Kingsbridge No. 2 Subdivision,
B) S.89°30' 16"E., 25.00 feet; thence,
1) 5.00°29'44"W., 37.00 feet; thence,
2) N.89°30' 16"W„ 25.00 feet to a point on the easterly boundary of said proposed
Kingsbridge No. 2 Subdivision; thence along said easterly boundary,
3) N.00°29'44"E., 37.00 feet to the POINT Oh BEGINNING.
L:\Projec[ Files\Ct IOOS1Survey\LEGAL DESCRIFTIONS1Exhi6ir A, Sewer-Water Fsmt. No. 3 08241 Ldoc
EXHIBIT "B"
PROPOSED KINGSBRIDGE SUBDIVISION PHASE 2
S1T11ATEU 1N THE 51;1/4 OE THE N W ]/4 OC SECTION 28
TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN
CITY OP MERIDIAN, ADA COUNTY, IDAHO
2U11
I
I
7 ~
I 509'dQ'I G°E ~ -
29 4 - - -.-__..-.._
//`I 2i3 175fi.17~ ~
POINT OF COMMENCEMENT-/Q' ~
Q ~ ~ ~~
~ ~
°a ~ ~w ~ 4ti
LEGEND w ~41~~ {~ ~~~~~~
----- EXHI6IT LINE vii ,1~1~h4 Q~ Nlm r~ ~O~Q~
------- BOUNDARY LINE `qti o Y
- - - - SECTION, 1/4 OR 1/tG LINE ~~~~~~0~ i OQ~;9a1
ROAD RIGHT-OF-WAY ~Q ,9-ti I 44'~~~
LOT LINE Q4 ~~
:2- 5/8" IRON ROD I 589'30'16"E
4• CALCULATED POINT ~ 969'd0'I6"E 25.00
60.06 i
SDO'29'44"W~
DARLINGTON DR. 30o I ~soo•29'aa°w
POINT OF I~ 3zoo
BEGINNING ~--~-t1
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w
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as
PROJECT No.
ODS EXHIBIT B"
wm 00-R5-11
CI I KINGSBRIDGE SLBDIVISION PH 2 ~ .,~•«MAIZK
SHEET
of ,
SEWER-WATER EASEMENT N0. 3 on..n, ~:
~;~;,o ~„ ~,: i~pS..,.~...s »~:~.a„
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MEflI01AN IDAHO cxetnm w~ F. DPOWNELL P.1.6.