Sanitary Sewer and Water Main Easement with Hot1, LLLP for Scentsy Manufacturing AdditionAQA COUNTY RECORDER Christopher Q. Rich AMOUNT .00 7
BQISE IDAHO 08115112 1024 AM
REC RDED`REQUESTOF III IIIIIIIIIIIIIIIIIlIIIIIIIIIIIIIIII
Meridian Ciiy 11 ~0S X268
SANITARY SEWER AND WATER MAIN EASEMENT
THIS INDENTURE, made this 1~ day of , 20 r2.. between d .~ l,Ll.t~ ,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 EASEMENTS 1 and 2 and EXHIBITS A and B for each)
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 an assigns orever.
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.SandW
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:
Member .
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Address
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STATE OF IDAHO) g~y~~~7
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County of Ada )
On this ~' S~- day of , 20 11 ,before me, the undersigned, a Notary
Public in and for said State, ersonally ppeared ~f ~ ~~'!~t l ~ e T(~fly~~D72- and
_ Nf l~ ,known or identified to me to be the -~~~rt ,,,,~
S~s~' respectively, of the corporation that executed the within instrument~a~ `~
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. ~-~~ ~~
NOTARY P~~ L~F~~bR IDAHO
Residing at: ~G ~ L~
Commission Expires: i 2 I ~
Sanitary Sewer and Water Main Easement EASMT Sandal
GRANTEE: CITY OF MERIDIAN
Tammy d erd, Mayor
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Attest by ~cee L. Holman, City Clerk
Approved By City Council On:
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STATE OF IDAHO, )
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County of Ada )
On this ~ day of , 202, before me, the undersi ned a Nota Public
- g ~ rY
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 IVIeridian~ executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed~rn .:official seal the da and
. y y
year first a~ v~r~tten. ~ x ..
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(SE L), ,~' OTARY P LIC DAHO
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Sanitary Sewer and Water Main Easement EASMT Sandal
J-U-B ENGINEERS, Inc.
J, ~, ~ ~ ENGINEERS • SURVEYORS • PLANNERS
Regional pfFce
115 Northstar Avenue
Twin Falls, IQ 83301
208-733-2414
~st~t+1-{' ~>. EXHIBIT A Fax: 208-733-9455
LEGAL DESCRIPTION FOR A CITY OF MERIDIAN www.lub.com
COMBINED SANITARY SEWER AND WATER LINE EASEMENT
IN PARCEL 2 IN RECORD OF SURVEY N0. 6640,
RECORDED SEPTEMBER 28, 2004, AS INSTRUMENT N0. 104124309
LOCATED {N THE SEi/a OF SECTION 8, T.3N, R.1E, B,M.,
MERIDIAN, ADA COUNTY IDAHO
A portion of land situated in the Southeast'/4 of Section 8, Township 3 North, Range 1 East, Boise
Meridian, Ada County, Idaho, and more particularly described as follows:
COMMENCING at the Southeast corner of said Section 8 from which the East Quarter corner of said
Section 8 bears North 01°29'03" East, 2,650.24 feet;
THENCE North 01°29'03" East along the Easterly boundary of said Section 8, 1,298.35 feet;
THENCE North 88°28'27" West, 70.00 feet to the intersection of the Westerly right-of-way of Eagle Road,
and the Northerly right-of-way of the Union Pacific Railroad;
THENCE North 88°28'27" West along said Railroad right-of-way 241.77 feet;
THENCE North QO° 54'57" East, 36.38 feet to the POINT OF BEGINNING;
THENCE North 84°05'03" West, 54.03 feet;
THENCE North 01°37'19" East, 112.00 feet;
THENCE North 12°39'03" East, 44.86 feet;
THENCE North 43°28'27" West, 96.71 feet;
THENCE North 34°58'50" East, 20.05 feet;
THENCE North 01°31'33" East, 174.17 feet;
THENCE South 88°28'27" East, 30.00 feet;
THENCE South 01 °.31'33" West, 184.48 feet;
THENCE South 40°50'24" East, 83.60 feet;
THENCE North 68°46'33" East, 31.43 feet;
THENCE South 21 ° 13'27" East, 20.00 feet;
THENCE South 68°46'33" West, 53.92 feet;
THENCE South 12°39'03" West, 31.44 feet;
THENCE South 01 ° 37' 19" West, 89.83 feet;
THENCE South 89°05'03" East, 33.78 feet;
THENCE South 00°54'57" West, 20.00 feet to the POINT OF BEGINNING.
The above-described easement contains 13,441 square feet, more or less, and is subject to any
easements, restrictions and covenants which a search of the public record would disclose.
The description is based on record information shown in an ALTA / ACSM Land Title Survey for Orville
Thompson dated April 9. 2010.
Prepared by:
J-U-B ENGINEERS, Inc.
R. Thomas Ruby, P.L,S.
~~.Se•~~''~s- EXHIBIT B SKETCH SHOWING THE CONFIGURATION OF A CITY OF
MERIDIAN COMBINED SANITARY SEWER AND WATER LINE EASEMENT IN
PARCEL 2 IN RECORD OF SURVEY NO. 6640, RECORDED SEPTEMBER 28,
2004, AS [NSTRUMENT NO. 104124309 LOCATED IN THE SE %4 OF
SECTION 8, T3N, R1 E, B.M., MERIDIAN IDAHO i ,4, !
I 8 I 9 E. PINE AVE.
~ -" S. 88°28'27" E.
30.U0'
N. 01°31'33"E.
11174.17'
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1J1111(~l
E.
N. 43°26'27" W.
96.71'
N. 12°39'03" E.
44.86'
N. 01°37'19" E.
112.00'
/ - S. 66°46'33" W.
~' - " 53.92'
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S. 12°39'03" W. '
31.44'
S. 01°37'19" W,
89.83' _ I °
33.78'
L 20 00054'57" W. ~ J r
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POf NT OF
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N. 89°05'03" W.
54.03'
)0°54'57" E. - 36.38'
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N. 88°28'27' W - 241.77'
C.J•V'B ~
J-U-B ENGINEERS, INC.
56 South eeechwood Ave. #201, Boise, Ib 63709
PHONE: (208( 376.7330
TH15 SKETCH IS BASED IN
PART UPON INFORMATION
SHOWN IN THE ALTAlALSM
LAND TITLE SURVEY FOR
ORVILLE THOMPSON DATED
APRIL 9, 2010
IJ COMMERCIAL COURT i
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SEWER UNE -~~ ..__ ~~ ~~~~rEp [ ""- _ ,
aTER LINE '~u `-- "~ -- ~._ ~'`
5.01°31'33" W.
184.48'
I
COM6INED WATERISANITARY
SEWER LINE EASEMENT
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S. 40°50'24" E.
63.60' ~,
( 10.00'
PARCEL 2 RECORD OF SURVEY
NO. 6640 -DATED 9/28!04 -
N.(i8°46'33"E. INSTRUMENT NO. 104124309
31.43'
S. 21`13'27" E. ~ l
20.00'
FRANKLIN ROAD
CORNER CP&F
iTRUMENT NO. 106038435
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w~'~'B ~ J-U-B COMPANIES LANGOON MAPPYI''NG
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~G~S~`G'`~'~Z EXHIBIT A
~•u•B ENGINEERS, INC. LEGAL DESCRIPTION FOR A CITY OF MERIDIAN
COMBINED SANITARY SEWER AND WATER LINE EASEMENT
IN PARCEL 2 IN RECORD OF SURVEY N0. 6640,
RECORDED SEPTEMBER 28, 2004, A5 INSTRUMENT N0. 104124304
LOCATED IN THE SE'/a OF SECTION 8, T.3N, R.1E, B.M.,
MERIDIAN, ADA COUNTY IDAHO
A portion of land situated in the Southeast'/a of Section 8, Township 3 North, Range 1 East, Boise
Meridian, Ada County, Idaho, and more particularly described as follows:
Commencing at the Southeast corner of said Section 8 from which the East Quarter corner of said
Section 8 bears North 01`29'03" East, 2,650.24 feet;
thence North 01°29'03" East along the Easterly boundary of said Section 8, 1,728.19 feet;
thence North 88°28'27" West, 70.00 feet to a point on the Westerly right-of-way of Eagle Road;
thence North b9°04'04" West, 60.47 feet;
thence North 88°28'27" West, 851.41 feet to the POINT OF BEGINNING;
thence South 01°31'33" West, 6.98 feet;
thence South 88"28'27" East, 94.55 feet;
thence South 01°31'33" West, 317.47 feet;
thence South 88 ° 28'27" East, 13.09 feet;
thence South 01 ° 31'33" West, 20.00 feet;
thence North 88"28'27" West, 39.07 feet;
thence North 01°31'33" East, 36.90 feet;
thence North 46°31'33" East, 8.47 feet;
thence North 01°31'33" East, 49.58 feet;
thence North 88°28'27" West, 10.00 feet;
thence North 01°31'33" East, 188.71 feet;
thence North 88 ° 28'27" West, 14.94 feet;
thence North 01 ° 31'33" East, 26.29 feet;
thence North 88°28'27" West, 74.61 feet;
thence North 01°31'33" East, 36.98 feet;
thence South 88"28'27" East, 30.00 feet to the POINT OF BEGINNING.
The above-described easement contains 13,138.53 square feet, more or less, and is subject to any
easements, restrictions and covenants which a search of the public record would disclose.
The description is based on record information shown in an ALTA / ACSM Land Title Survey for Orville
Thompson dated April 9, 2010.
END OF DESCRIPTION
Prepared by: mow' ~`' `o -rG ~
J-U-B ENGINEERS, Inc. o /~ ~~~~~~~
R. Thomas Ruby, P.L.S. a '~ ~ 7 $ ~
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~Se.k~'P EXHIBIT A SKETCH SHOWING THE CONFIGURATION OF A CITY OF
~2 MERIDIAN WATER LINE EASEMENT IN PARCEL 2 IN RECORD OF SURVEY
ND. 6640, RECORDED SEPTEMBER 28, 2004, AS INSTRUMENT NO.
104124309 LOCATED IN THE SE %4 OF SECTION 8, T3N, R1E, B.M.,
MERIDIAN IDAHO ' ' ~
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THIS SKETCH IS BASED IN i ~ i i ~
PART UPON INFORMATION ~ ~ r ' e s
_ I -" ~ ,,
SHOWN IN THE ALTA/ALSM ~~ I
LAND TITLE SURVEY FOR ~ ' '
ORVILLE THOMPSON DATED i ~
APRIL 9, 2010 ~ (
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° POINT OF ~ j, ,l
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"~'`"-'",...--"--°-°--~ '- 94.55' ~ 84348 _ COCOURTIAL_~ ~N. 69°04'04"W.
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N. BB°28'27" W. ~
79.6f'
WATER LfNE
N, 01°31'33° E.
z6.2s'
N. 88°28'2T' W.
14.94'
317.47'
N. O1°31'33" E.
186.71'
SANITARY SEWER LINE ~'
N. 80°28'27" W.
10.00'
N. 01°31'33" E. -
49.58' N. 46°31'33" E.
8.47'
EASEMENT
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5. 88.28'27° E, .~
13.09'
N. 01°31'33" E.
36.90'
S. 01°31'33" W.
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__ PARCEL 2 RECORD OF SURVEY ~---- ~._
NO. 6640 -DATED 9!28/04 -
-~ -INSTRUMENT NO. 104124309 -
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J-U-B ENGINEERS, INC.
250 Sauth Beechwood Ave. !/201, Balse, ID 83709
PHONE: (208] 376.7330
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tUMENT NO. 708038435
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POINT OF COMMENCEMENT
5E CORNER OF SEC. 8, T3N
R1 E, B.M.
- _ 8 9 CP 8 F INSTRUMENT NO. 105025503
FRANKLIN ROAD 17 16 - - -