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HomeMy WebLinkAboutCC - Purdam Drain Aviation Subdivision Easement DATE: 11 March 2022 TO: Sawtooth Law Offices, PLLC FROM: NAMPA & MERIDIAN IRRIGATION DISTRICT License, Easement, Project and/or Crossing Agreement(s) Approved at Board Meeting of 01 March 2022 License Agreement 23 pages Aviator Park LLC Purdam Drain Instrument#2022-023222 Easment 8 pages Aviator Park LLC -41' Purdam Drain Instrument#2022-023223 License Agreement 10 pages Fatbeam, LLC Hunter Lateral Instrument#2022-023224 License Agreement 8 pages Idaho Power Company IPCo File No, 250 Sargent Drain Instrument#2022-023225 License Agreement 15 pages Belvedere LC Jones Lateral Instrument#2022-023226 ADA COUNTY RECORDER Phil McGrane 3 322 Z02,2.02 BOISE IDAHO Pgs=8 NIKOLA OLSON 03j07 22 2 2 2 PM NAMPA MERIDIAN IRRIG DIST NO FEE 01129837202200232230080088 EASEMENT THIS EASEMENT,given in connection with and pursuant to that certain License Agreement dated the QI day of MWjh , 2022 between AVIATOR PARK LLC, a Nevada limited liability company, and Nampa&Meridian Irrigation District,an irrigation district organized under the laws of the state of Idaho and is granted in accordance with the terms and conditions of said License Agreement. AVIATOR PARK LLC hereby grants an easement to NAMPA & MERIDIAN IRRIGATION DISTRICT for right of way along the Purdam Drain as described in Exhibit B attached hereto and made a part hereof. This easement is granted to deliver,convey and drain irrigation and drainage water,to operate,clean, maintain and repair the Purdam Drain and to access the Purdam Drain with such personnel and equipment Nampa&Meridian Irrigation District may utilize for those purposes and is granted to Nampa&Meridian Irrigation District,its successors and assigns,as a perpetual easement and is and sball be appurtenant to and inseparable from the real property described in Exhibit A attached hereto and made a part hereof. This easement is intended to replace a section of the former easement of Nampa & Meridian Irrigation District for the Purdam Drain with an easement along the Purdam Drain after relocation of the Purdam Drain by AVIATOR PARK LLC. IN W£INESS WHEREOF,AVIATOR PARK LLC has executed this easement this JL_day of AVIATOR PARK LLC,a 'evada limited liabilitycompany, Its: EASEMENT-Page 1 STATE OF .Y) } }ss. County of SG.L� LCI1 On this day of 2022,before me,the undersigned,a notary public in and for said state, personally appeared Xtn-cA known to me to be the _ of AVIATOR PARK LLC,the entity that executed the foregoing instrument,and acknowlikJed to me that said entity executed the same. IN WITNESS WHEREOF,I have hereunto set m4Notary d affixed my official Aseal,the day and year in this certificate first above written. l__1/ k&M Public for j Residing at Im My Commission pines: 7L4 •* .•,+ SAMANTHA BLUEhMEL Notary Public state of Utah My commission Expires on: July 15, 2024 Comm. Number: 712002 EASEMENT-Page 2 ADA COUNTY RECORDER Phi McGmne 2021-063474 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 04120)2021 03;69 PM 4 FIRST AMERICAN TITLE INSURANCE COMPANY � $16.00 4 a� AFTER RECORDING MAIL TO; Aviator Park LLC 1468 James Rd. Gardnervllle,Nevada 89460 WARRANTY DEED File No.: 4106-3601990(WS) Date: March 30,2021 For Value Received, TAG Sadie Creels, LLC, an Idaho Limited Liability Company, hereinafter re arrsd to as Grantor, does hereby grant, bargain, sell and oonvey unto Aviator Park LLC, a Nevada limited liability company, hereinafter referred to as Grantee, whose current address is 1468 James Rd. ,Gardnerville, Nevada 89460, the fallowing described premises, situated in Ada County,Idaho, tor wit: LEGAL DESCRIPTION: Real property in the County of Ada,State of Idaho,described as follows: A TRACT OF LAND IN THE SOUTHWEST QUARTER OF SECTION 10,TOWNSHIP 3 NORTH, RANGE 1 WEST,BOISE-MERIDIAN,ADA COUNTY,IDAHO,MORE PARTICULARLY DESCRIBED AS FOLLOWS: ! COMMENCING ATTHE SECTION CORNER COMMON TO SECTIONS 9,10,15,AND 16, TOWNSHIP 3 NORTH,RANGE 1 WEST,BOISE-MERIDIAN,THENCE NORTH 0905'50"WEST ALONG THE SECTION LINE, 1,623.56 FEET TO A POINT ON THE i SOUTHERLY BOUNDARY LINE OF THE RAILROAD RIGHT-OF-WAY;THENCE SOUTH 89009'42" EAST ALONG SAID LINE 495.59 FEET TO A STEEL PIN,THE REAL POINT OF BEGINNING,THENCE SOUTH 89009'42" EAST ALONG RAILROAD RIGHT-OF-WAY LINE,823.72 FEET TO A STEEL PIN,THENCE SOUTH 0008'20"LAST ALONG THE SIXTEENTH SECTION LINE,516.25 FEET TO A STEEL PIN; THENCE WEST 823.60 FEET TO A STEEL PIN;THENCE NORTH 0008'20"WEST,S28.31 FEET TO THE REAL POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION DEEDED TO NAMPA 8r MERIDIAN IRRIGATION DISTRICT IN WARRANTY DEED RECORDED JUNE 10,2019 AS INSTRUMENT NO.2019- 049141 DESCRIBED AS FOLLOWS: A PARCEL OF LAND WITHIN THE SOUTHWEST QUARTER OF SECTION 10,TOWNSHIP 3 , NORTH, RANGE i WEST,BOISE MERIDIAN,ADA COUNTY,IDAHO,BEING A PORTION OF THE GRANTOR'S PARCEL GRANTED UNDER WARRANTY DEED INSTRUMENT NO.2018-083763, Page 1 of 4 t Exhibit A, page I APN.51s10325951 Wam*beed File No..4106-3601"0(WS) -tantrnued Date:03/30/2021 THE CENTERLINE, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE CORNER OF SECTIONS 9,10, 15& 16 IN THE INTERSECTION OF WEST FRANKLIN ROAD AND NORTH BLACK CAT ROAD MONUMENTED BY A FOUND ALUMINUM CAP AS SHOWN ON CORNER RECORD INSTRUMENT NO.2018-016068,FROM WHICH THE QUARTER CORNER COMMON TO SECTIONS 9 AND 10 MONUMENTED BY A FOUND BRASS CAP AS SHOWN ON CORNER RECORD INSTRUMENT NO. lOS185212 BEARS NORTH 00038'57"EAST,2633.05 FEET;THENCE ALONG THE LINE COMMON TO SAID SECTIONS 9 AND 10, NORTH 00038'57" EAST, 1087.83 FEET;THENCE SOUTH 89°15'44" EAST, 48.00 FEET TO THE INTERSECTION OF THE EASTERLY RIGHT-Op- WAY OF NORTH BLACKCAT ROAD AND THE NORTHERLY RIGHT-OF-WAY OF WEST AVIATOR STREET;THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY, SOUTH 89015'44" EAST, 1137.97 FEET TO SET 1/2" REBAR WITH PLASTIC CAP MARKED "FLSI PLS 12464",THE POINT OF BEGINNING;THENCE NORTH 00044'16" EAST,46.00 FEET TO SET 1/2" REBAR WITH PLASTIC CAP MARKED "FLSI PLS 12464";THENCE SOUTH 89"15'44" EAST,32.00 FEET TO SET 1/2" REBAR WITH PLASTIC CAP MARKED"FLSI PLS 12464";THENCE SOUTH OW44'16"WEST,46.00 FEET TO SET 1/2" REBAR WITH PLASTIC CAP MARKED "FLSI PLS 12464";THENCE NORTH 89015*44"WEST,32.00 FEET TO THE POINT OF BEGINNING. APN: S1210325951 TO HAVE AND TO HOLD the said premises, with their appurtenances, unto said Grantee, and to the Grantee's heirs and assigns forever. And the said Grantor does hereby covenant to and wlth the said Grantee, that the Grantor Is the owner in fee simple of said premises; that said premises are free from all encumbrances except current years taxes, levies, and assessments, and except U.S. Patent reservations, restrictions, easements of record and easements visible upon the premises, and that Grantor will warrant and defend the same from all claims whatsoever. Page 2 of 4 Exhibit A, page 2 1 APN;=31a 25M way Dmd rare No.:410d-3WINO rAR cxgkvjsd DNM w1wrion JAG Sadie Creels U.0 Dr.InvesbrmadAna"cs Grgq KC 401(k) Plan,mr Kamw: vid Ryan Minert Title:It By:Laster Faterpriees,LLC,Lobar BY: , ,T& ' blame: raden usher 'title:Member STATE OF Idaho ) es. ODUNTY OF Ada } 1 This record was adm w6iged be bre me on ' lZav Ryan Mtnert as ThLOBe of investments Analyfs Groups, tLC 401(F)Pia %��!��z oiii���d�+�''ie�S o a ry bi ARO }�� z CammLssiopE IMs• — �PUBLIG ��Nrrrliri►►►` Pape 3 of 4 i t Exhibit A, page 3 f I I APN:IUUM25M WWT"Deed Fft No.:4105-3601M Cws) congaed DOW 031MI f121 STATE OF Idaho } f COLRM OF Ada } This I2• Z record ni acknowledged before me an _� by Braden I.asher as Member of lasher 6"rpr=,Corporate/LLC n C� Signature or Notary Publ Stacy Cairns My Commission Bwlres: Comm.Expires 4/10/2024 Residing is Meridian,ID STACY CAIRNS COMMISSM i 11" NOTARY Pl`1MM STATE OF IDAHO _ t Page 4 of 4 ii F Exhibit A, page 4 Description for NMID Purdam Gulch Drain Easement January 19, 2022 A portion of the West 1/2 of the Southwest 1/4 of Section 10,Township 3 North, Range 1 West of the Boise-Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Section corner common to Sections 9, 10, 15, and 16, Township 3 North, Range 1 West, Boise-Meridian, from which the 1/4 corner common to said Sections 9 and 10 bears North 0038'55" East, 2653.02 feet; thence on the west boundary line of said Section 10, North 0°38'55" East, 1621.66 feet to the south boundary line of the railroad right-of- way; thence on said south boundary line, South 88026'12" East, 495.23 feet to the REAL POINT OF BEGINNING; thence continuing South 88026'12" East, 824.15 feet to the east boundary line of the West 1/2 of the Southwest 1/4 of said Section 10; thence on said east boundary line, South 00036'35'West, 514.83 feet, thence leaving said east boundary line, North 89015'500 West, 100.00 feet; thence North 00°36'35" East, 416.26 feet; thence North 88026'12"West, 724.14 feet to the east boundary line of Hensley Station Subdivision No. 2 as filed in Boole 121 of Plats at Pages 19058 through 19060, records of Ada County, Idaho; thence on said east boundary line North 00036'35" East, 100.01 feet to the REAL POINT OF BEGINNING. Containing 2.85 acres, more or less. End of Description. ONp►1. LA/yQ \GENs�hs !� a 11779 O T� OF Exhibit B, page 1 cc Page 1 of 1 Basis of Bearing �r I N00'3B'S5"E 2653.02' \ 4h, Z' Y �--a 1621.66'— 1031.35' 1 � o�� mr Flo 0 q� a � co yO o HO J�� t-m- z Hensely Station oSub. No. 2 rn 4 n "o o r4 m 0 - - N cn G7 U) O g I 0 3: + I m = I ` r• < ' I r � n $ I 100.0' I Y I I Z 00 00 '. 01 er. ;I13 j NI e. on c Pj V o � f IOo n m �m c � I ° 3 II A m a� C) I a a Q I c I �� v - g N ay m Z I 1 =0 I or) o I Ln LO N00'36'35"E 416.26' _ _ � a �+ o c I \\ N f0 o 0 o u` o S00 36'35"W 514.83' au p JT cr 2r 1 4� 2 n o RD c Unlolatted o Exhibit B, page 2