Sanitary Sewer and Water Main Easement with Cindy K. Lewis Trust and T&M Holdings, LLC for Whitepark SubdivisionWHEN RECORDED MAIL T0.
THORNTON BYRON LLP )
3101 W. MAIN STREET, STE. 2OO
BOISE, ID 83702-2099 )
ABOVE SPACE F(
ADR COUNTY RECORDER Christopher D, Rich AMOUNT .00 1C
BOISE IDAHO a1l23114 04:11 PM
DEPUTY Vicky Bailey
RECORDED-REQUEST OF ~
Meridian City 11 ~~~~~~
ADA COUNTY RECORDER Christopher D. Rich AMOUNT 37.00 10
BOISE IDAHO 02J10114 01:32 PM
DEPUTY Bonnie Oberbillig III IIIIIIII'I'IIIIIIIIII'IIIIIIII I'll
RECORDED-REQUEST OF
Dan Wood ~ ~~-- 1146 1096
SANITARY SEWER AND WATER MAIN EASEMENT
`~
THIS INDENTURE, made this day of ,between CINDY K. LEWIS, Trustee of
the CINDY K. LEWIS TRUST u/t/a dated the 18th day of May, 2005, and T&M HOLDINGS LLC,
an Idaho limited liability company, the parties of the first part, hereinafter called the Grantors; and
the CITY OF MERIDIAN, Ada County, Idaho, the party of the second part, hereinafter called the
Grantee.
WITNESSETH:
WHEREAS, the Grantors desire to provide sanitary sewer and water main right-of ways
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 ways for easements for the operation and maintenance of sanitary
sewer and water mains over and across the real property described onExhibits A-1 and A-2
attached hereto and depicted on Exhibits B-1 and B-2 attached hereto, collectively the
"easement."
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 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
1
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 GRANTORS hereby covenant and agree with the Grantee that should any part ofthe
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 lav~-fully 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 V~~REOF, the said parties of the first part have hereunto subscribed their
signatures the day and year first herein above written.
GRANTOR:
CINDY K. LEWIS TRC~ST u/t/a dated the 18~` day
of , 2005
By:
Cindy ewis, Trustee
T&M HOLDINGS LLC, AN IDAHO LIMITED
LIABILITY C Mp Y
By•
Dougl R. McMaster, Manager
2
STATE OF IDAHO )
ss.
County of Ada )
0n this ~ da of December 2013 before me the undersi ed a Not Public in
and for said State, personally appeared Cindy K. Lewis, known or identified to me to be the Trustee
of the Cindy K.. Lewis Trust uJt/a dated the 18t~ day of May, 2005, the within named Trust, and the
person whose name is subscribed to the foregoing instrument, and acknowledged to me that she
executed the same for and on behalf of said Trust.
IN WITNESS wHERE4F, I have hereunto set my hand and axed my official seal the day
and year fist above written.
LAN
No Public Sta of I
1~pT~ ..
'~~ Resld~ng at:
*~••~ Co~rumission Expires:
~~8L1G ~- ~ - a.o 1 ~
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ST
County of Ada
SS.
~~~ . .
G1n thrs ______ day of December, 2013, before me, the undersigned Notary Public ~n and far
said State, personally appeared Douglas R.McMaster, known or identified to me to be a Ma~~ager of
T&M Holdings LLC, the Idaho limited liability company that executed the foregoing instrument and
the person whose name is subscribed to the within instrument, and acknowledged to me that said
limited liability company executed the same.
IN WITNESS V~'HEREaF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate f rst above written.
_~~ c
Notary Public, S e of I
Residing at:
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GRANTEE:
CITY OF
Tammy de~~rd, Mayor
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W
c,ry of
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STATE OF IDAHO )
ss.
County of Ada )
lF~ PvV
Approved By City Council: •`''e TREpSVA~V
(Date)
Jar.u<< ~c~-'-{
On this ~~ day of T,,,,.,,....~ ~, '"'~', before me, the undersigned, a Notary Public in and
for said State, personally appeared Tammy de Weerd and T '~" ~S~T ,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.
• ~ ~~. _ _ _ _ , j~ . ~ NOTARY PUBLIC FOR IDAHO
~~~y,•~TAI;~,,C~ ~ Residing at: ~u~-Q~~ ~~.~o
~ ', ; Commission Ex~~ a ~~~ ~~1 r~
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4
Exhibit A-1
Legal Description of Easement (West Side of Subject Property)
Commencing at the Northwest corner of said Section 32 from which the North
1/4 corner of said Section 32 bears South 89°43'50" East, 2645.04 feet; Thence along
the North boundary line of said Section 32 South 89°43'50" East, 2316.55 feet; Thence
leaving said North boundary line South 00°16'10" West, 25.00 feet to a point on the
South right-of-way line of West Amity Road, said point being the REAL POINT OF
BEGINNING;
Thence continuing South 00°16'10" West, 286.50 feet;
Thence North 89°43'50" West, 105.78 feet;
Thence 95.24 feet along the arc of a curve to the left having a radius of 55.00
feet, a central angle of 99°12'50" and a long chord which bears South 40°39'45" West,
a distance of 83.78 feet;
Thence South 08°56'41" East, 225.19 feet;
Thence 130.69 feet along the arc of a curve to the right having a radius of
320.00 feet, a central angle of 23°24'00" and a long chord which bears South
02°45'19" West, a distance of 129.78 feet;
Thence South 14°27'19" West, 120.06 feet;
Thence 163.04 feet along the arc of a curve to the left having a radius of 280.00
feet, a central angle of 33°21'42" and a long chord which bears South 02°13'32" East,
a distance of 160.74 feet;
Thence 231.23 feet along the arc of a reverse curve to the right having a radius
of 420.00 feet, a central angle of 31°32'38" and a long chord which bears South
03°08'04" East, a distance of 228.32 feet;
Thence 38.93 feet along the arc of a reverse curve to the left having a radius of
180.00 feet, a central angle of 12°23'29" and a long chord which bears South
06°26'30" West, a distance of 38.85 feet;
Thence South 00°14'46" West, 66.50 feet to a point on the North boundary line
of Blackrock Subdivision No. 1 as filed in Book 96 of Plats at Pages 12003 through
12008, records of Ada County, Idaho;
Thence along said North boundary line North 89°44'45" West, 40.00 feet;
5
Thence leaving said North boundary line North 00°14'46" East, 66.50 feet;
Thence 47.58 feet along the arc of a curve to the right having a radius of
220.00 feet, a central angle of 12°23'29" and a long chord which bears North 06°26'30"
East, a distance of 47.49 feet;
Thence 209.21 feet along the arc of a reverse curve to the left having a radius
of 380.00 feet, a central angle of 31°32'38" and a long chord which bears North
03°08'04" West, a distance of 206.58 feet;
Thence 186.33 feet along the arc of a reverse curve to the right having a radius
of 320.00 feet, a central angle of 33°21'42" and a long chord which bears North
02°13'32" West, a distance of 183.71 feet;
Thence North 14°27'19" East, 120.06 feet;
Thence 114.35 feet along the arc of a curve to the left having a radius of 280.00
feet, a central angle of 23°24'00" and a long chord which bears North 02°45'19" East, a
distance of 113.56 feet;
Thence North 08°56'41" West, 225.19 feet;
Thence 63.01 feet along the arc of a curve to the right having a radius of 95.00
feet, a central angle of 38°00'11" and a long chord which bears North 10°03'24" East, a
distance of 61.86 feet;
Thence North 10°26'58" West, 301.00 feet to a point on the South right-of-way
line of West Amity Road;
Thence along said South right-of-way line South 89°43'50" East, 40.71 feet;
Thence leaving said South right-of-way line South 10°26'58" East, 264.89 feet;
Thence 51.79 feet along the arc of anon-tangent curve to the right having a
radius of 95.00 feet, a central angle of 31°14'09" and a long chord which bears North
74°39'05" East, a distance of 51.15 feet;
Thence South 89°43'50" East, 65.79 feet;
Thence North 00°16'10" East, 246.50 feet to a point on the South right-of-way
line of said West Amity Road;
Thence along said South right-of-way line South 89°43'50" East, 40.00 feet to
the REAL POINT OF BEGINNING. e n . ~ f
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6
Exhibit A-2
Legal Description of Easement (East Side of Subject Property)
A permanent public utility and access easement located within a portion of the
Northeast 1/4 of the Northwest 1/4 of Section 32, Township 3 North, Range 1 East,
Boise Meridian, City of Meridian, Ada County, Idaho being more particularly described
as follows:
Commencing at the Northwest corner of said Section 32 from which the North
1/4 corner of said Section 32 bears South 89°43'50" East, 2645.04 feet; Thence along
the North boundary line of said Section 32 South 89°43'50" East, 2454.54 feet; Thence
leaving said North boundary line South 00°18'40" West, 25.00 feet to a point on the
South right-of-way line of West Amity Road, said point being the REAL POINT OF
BEGINNING;
Thence along said South right-of-way line of South 89°43'50" East, 30.00 feet;
Thence South 00°18'40" West, 331.50 feet;
Thence South 09°33'17" East, 71.10 feet;
Thence South 09°49'37" East, 104.87 feet;
Thence 156.49 feet along the arc of a curve to the right having a radius of
420.00 feet, a central angle of 21°20'54" and a long chord which bears South
00°50'49" West, a distance of 155.59 feet;
Thence South 11°31'16" West, 217.15 feet;
Thence 87.99 feet along the arc of a curve to the left having a radius of 180.00
feet, a central angle of 28°00'33" and a long chord which bears South 02°29'00" East,
a distance of 87.12 feet;
Thence 297.31 feet along the arc of a reverse curve to the right having a radius
of 520.00 feet, a central angle of 32°45'30" and a long chord which bears South
00°06'32" East, a distance of 293.27 feet;
Thence 22.37 feet along the arc of a reverse curve to the left having a radius of
80.00 feet, a central angle of 16°01'27" and a long chord which bears South 08°15'30"
West, a distance of 22.30 feet;
Thence South 00°14'46" East, 36.47 feet to a point on the North boundary line
of Blackrock Subdivision No. 1 as filed in Book 96 of Plats at Pages 12003 through
12008, records of Ada County, Idaho;
Thence along said North boundary line North 89°44'45" West, 40.00 feet;
Thence leaving said North boundary line North 00°14'46" East, 36.47 feet;
Thence 33.56 feet along the arc of a curve to the right having a radius of
120.00 feet, a central angle of 16°01'27", and a long chord which bears North
08°15'30" East, a distance of 33.45 feet;
7
Thence 274.44 feet along the arc of a reverse curve to the left having a radius
of 480.00 feet, a central angle of 32°45'30", and a long chord which bears North
00°06'32" West, a distance of 270.71 feet;
Thence 107.55 feet along the arc of a reverse curve to the right having a radius
of 220.00 feet, a central angle of 28°00'33", and a long chord which bears North
02°29'00" West, a distance of 106.48 feet;
Thence North 11°31'16" East, 217.15 feet;
Thence 141.59 feet along the arc of a curve to the left having a radius of 380.00
feet, a central angle of 21 °20'54", and a long chord which bears North 00°50'49" East,
a distance of 140.77 feet;
Thence North 09°49'37" West, 188.01 feet;
Thence North 12°34'26" East, 55.69 feet;
Thence North 00°18'40" East, 272.31 feet to the REAL POINT OF
BEGINNING.
D r
YP
Exhibit B-1
Depiction of Easement (West Side of Subject Property)
BASIS OE BEARINGS
"S 89'43'50" E 2645.04'
W. AMITY ROAD
i
30 29
--
__2316.55'_
76. _ 0.50`'29
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SCALE: j j - - -~I
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LINE TABLE
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IN I
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LINE BEARING LENGTH I ~i'i"
L1 S 00'16'10" W 25.00' / -Y
L2 S 00'16'10" W 286.50' I
l3 N 89'43'50" W 105.78' I ~/,.. ~~ I
L4 S 08'86'41° E 225.19' ? ~~~ N I
L5 5 14_27_19" N! 17Q"O6- I ~:~~/"~ 40,0p,
L8 S 00'14'46" W 66 ;50: _ ;- gSRM
SEW
lJ N 00'14'46° E 66.50'_ I i .
I ~I
- , E
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LB N 74'2719" E 120,06' ,
I' t
L9 N 08'56'41° VJ 225.19' 1.~
L10 N 1D'26'S8° W 301.00' 1
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L11 S 89'43'50" E 40.%1'
I ,:'1
Lt2 5 10'7.6'58° E 264.89' 1 _~1
t 1
I
L13 S 89'43'50° E 65.79' : 1
^1 ;1~ I
L14 N 00'16'10" E 246,50' I UI~ ,1°
L15 S 89'43'50" E 40.00' 1' 1
I 1: 1
I ~~ +
1
J I, :.. IU I
NW 1/~63.a2' __goi-' _-- _ _ - CN 1/16
N 89'44'45" W 1335.80'
___ CURVE_TA_B_LE
"
CURVE RADIUS LENGTH CHORD !
CHORD BRG. DELTA '
C7 55.00' 95.24' 83.78' S 40'39'45" \V 99'12'50"
C2 320.00' 130.69' 729.78' S 012'45'19" W 2524'00"
C3 280.00' i63.Od' 160.74' S 02'13'32" E 33'27'42"
C'4 420.00' 231.23' 228.32' S 03'08'04" E 31'32'38"
CS 780.00' 38.93' 38.85' S 06'26'30" W 12'23'29"
C6 220.00' 47.58' 47.49' N 06'2 E'30"' E 12'23'29"
C7 380"00' _209.21' 206.58' N 08'0£3'04" W 3132'38"
C8 320.00' 786.33' 783.71' _ N 02'13'32" W 33'27'42""
C9 _
280.00' 114.35' 173.56' N 02'45'19" E 23'24'00"
010 95.00' 63.01' 61.86' IJ 70'03'24" E 38'00'11"
011 95.00' 5179' 51.75' P. 7439'05' E 31'14'09"
IDAHO 1gCi0 E. WnTERTOWER ET
SURVEY nteninin°, ionFio o3egz
GROUP, P,C (~OB)PdG OE10
' 7729
;. ~zll~li3 z
c~~c~RY G. C p,Ft~~e-
EXHIBIT DRAWING FOR
PERMANENT PUBLIC UTILITY AND
ACCESS EASEMENT
LOCATED WITHIN THE NE 1/4 OF OF THE NW 1/4 OF SEC110N 32,
T.3N., R.1 E., B.M., MERIDIAN, ADA COUNTY, IDAHO
JOB NO.
73-178
DYJG. DATE
72-11-13
9
Exhibit B-2
Depiction of Easement (East Side of Subject Property)
BASIS OF BEARINGS
S 89'43'50" E 2645.04'
W. AMITY ROAD
JV~ 30 29 ~ 2454.54' _ _ _ 190.50'_
31 32 -- --
SO'18'40"W
I 25.00' RPOB ~ i 30.00'
~ NO'i8'40"E ~i I
~ L , so'1s'ao"w
7 ~ 272.31' I I.33L50'
I
, i l
I
I ~ I'
N12°34'26"E~--~~ II S9'33'15
55.69' ~ 71.10'
~I l
I
, N9'49 37 W ~ ~ I
188.01' ~~ i~_S9'49'37"E
SCALE: I ~ ' 1o4.sT
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1" = 250' I N~ ~~
I C)I IU
1 I I i
1 I
1
1 I
~ N11'31'16°E__~j i I
217.15' i I
I ~~511'31'16"W
I I 217.15'
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1
PERMANANT SEWER ~! ~~ ,
, EASEMENT_~'! I
UI IU I
I I
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CS ~ r I
~ NO'14'46"E ~/ (I ~
--~--- 36.4T~( i C7~---
N89'44'45"W ~SO'14'46"W
40.00' 36.47'
BLACKROCK SUB. N0. 1
Curve Table
Curve # Length Radius Delta CHD BEARING CHD DISTANCE
Ct 156.49 420.00 21'20'54" SO'50'49"W 155.59
C2 741.59 380.00 21'20'54" NO'S0'49"E 140.77
C3 87.99 180.00 28'00'33" 52'29'00"E 87.12
C4 107.55 220.00 28'00'33" N2'29'00"W 106.48
C5 297.31 520.00 32'45'30" SO'06'32"E 293.27
C6 274.44 480.00 32'45'30" NO'06'32"W 270.71
C7 22.37 80.00 16'01'27" S8'15'30"W 22.30
CS 33.56 120.00 16'01'27" N8'15'30"E 33.45
DAH O
~~ 1450 E.'NATERTOWER ST.
SURVEY PAER DIAN, IDAH0836a2
Izos! eas as7o
GROUP, P.C.
7 729
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G,P~ TF 0 F ~pP~~~'
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EXHIBIT B
PERMANENT PUBLIC UTILITY AND
ACCESS EASEMENT
LOCATED 4571HIN THE NE 1/4 OF OF THE NW 1/4 OF SECTION 32,
T.3N., R.tE., 8.A1., l.1ERIDIAN, ADA COUNTY, IDAHO
JOB N0.
13-176
DWG. DATE
12-23-13
10