HomeMy WebLinkAboutWinco Wells No. 1 Sanitary Sewer and Water Mian Easement No. 4 ESMT-2024-0064(2024-028542) ADA COUNTY RECORDER Trent Tripple 2024-028542
BOISE IDAHO Pgs=10 MATT BUNK 05/29/2024 08:15 AM
CITY OF MERIDIAN, IDAHO NO FEE
Project Name or Subdivision Name:
Win oWellsN01.
Sanitary Sewer&Water Main Easement Number: 04
Identify this Easement by sequential number if project contains more than one easement of
this type.(See Instructions fbr additional information).
For Internal Use Only
Record Number: ESMT-2024-0064
SANITARY SEWER AND WATER MAIN_EASET
THIS Easement Agreement made this 28th day of May 20 24 between
CRP/MHS Seasons Meridian Owner L.L.C. ("Grantor") and the City of Meridian, an Idaho
Municipal Corporation("Grantee");
WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of way
across the premises and property particularly bounded and described in Exhibits A and attached
hereto and made a part hereof; 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 Grantor, and
other good and valuable consideration, the Grantor does hereby give, grant and convey unto the
Grantee the right-of-way for a non-exclusive easement for the operation and maintenance of
sanitary sewer and water mains over, under 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, its
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
Agreement.
Sanitary Sewer and Water Main Easement Pagel Version 01/01/2024
THE GRANTOR covenants and agrees that Grantor shall not place or allow to be placed
any permanent structures or obstructions within the easement area that would interfere with
Grantee's use of said easement, including, but not limited to, buildings, trash enclosures, carports,
sheds, fences, trees, or deep-rooted shrubs.
GRANTEE agrees that this Easement Agreement is nonexclusive and the lands subject to
this Easement Agreement may be used for any purpose that is not inconsistent with the rights
conveyed to Grantee hereunder, and Grantor expressly reserves the right to use the Easement area
described in Exhibits A and B for any purposes that do not interfere with Grantee's rights under
this Easement Agreement.
THE GRANTOR covenants and agrees 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 GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized
and possessed of the aforementioned and described tract of land, and that Grantor has a good and
lawful right to convey said easement, and that Grantor will warrant and forever defend the title
and quiet possession thereof against the lawful claims of all persons whomsoever, except those
matters of record.
THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's
successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind.
[end of agreement; counterpart signature pages follow]
Sanitary Sewer and Water Main Easement Page 2 Version 01/01/2024
GRANTOR:
CRP/MHS SEASONS MERIDIAN OWNER,L.L.C.,
a Delaware limited liability company
By: CRP/MHS SEASONS MERIDIAN VENTURE,
L.L.C.,
a Delaware limited liability company,
its sole member
By: CRP SEASONS MERIDIAN MEMBER, L.L.C.,
a Delaware limited liability company,
its Member
By:
Name: �f, Mhrntir
Its: ra r 0 r "
STATE OF_N W(Aik )
)ss.
County of T C )
On this 3_ day of April, 2024, befor me, _ arv. rorysicLf , a Notary
Public in and for said State, personally appeared_ /Vl ,known or identified
to me to be the _A4 cing I G of CRP S SONS M DIAN MEMBER, L.L.C., a Delaware
limited liability company, he Member of CRP/MHS SEASONS MERIDIAN VENTURE, L.L.C., a
Delaware limited liability company, the sole member of CRP/MHS SEASONS MERIDIAN OWNER,
L.L.C., a Delaware limited Iiability company, or the person who executed the instrument on behalf of said
limited liability company and acknowledged to me that such limited liability company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year in this certificate first above written.
AAAFY Rotary Public,,State State of of Nevada
Appointment No.21.3594-01 Notary Pu is for the State of_W eVjjA i
6Ay Appt.&Pires Dec 17,2025
Residing at-LA1r u �yg�,01
My commission expir i2 1�1207S
GRANTEE: CITY OF MERIDIAN
RobertE. Simison,Mayor 5-28-2024
Attest by Chris Johnson, City Clerk 5-28-2024
STATE OF IDAHO, )
: ss.
County of Ada )
This record was acknowledged before me on 5-28-2024 (date) by Robert E. Simison
and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City
Clerk, respectively.
Notary Stamp BCIOW
Notary Signature
My Commission Expires: 3-28-2028
Sanitary Sewer and Water Main Easement Page 3 Version 01/01/2024
LEGAL DESCRIPTION
T
1 HE Page 1 OF 5
1 LAND
-.: GR0UP
April 5, 2024
Project No.: 120124
SEWER/WATER EASEMENT
WINCO WELLS SUBDIVISION No.1
MD OVERLAND WELLS, LLC
EASEMENT PERIMETER
An easement perimeter located in the Southwest Quarter of the Southeast Quarter of Section 17,
Township 3 North, Range 1 East, Boise Meridian, City of Meridian,Ada County, Idaho, being more
particularly described as follows:
COMMENCING at the South One Quarter Corner of said Section 17, (from which point the Southeast
Corner of said Section 17 bears North 89°46'00" East, 2656.84 feet distant);thence on the south line of
said Section 17, North 89°46'00" East, 754.05 feet;thence leaving said south line, North 00°14'00" West,
116.59 feet,to the POINT OF BEGINNING of EASEMENT PERIMETER:
Thence North 44'35' 55" West, 41.37 feet;
Thence North 00' 24' 05" East, 296.75 feet,to POINT A;
Thence North 89'35' 55"West,33.50 feet;
Thence North 00' 24' 05" East,30.00 feet;
Thence South 89'35' 55" East, 33.50 feet;
Thence North 00'24' 05" East, 285.42 feet;
Thence North 89'35' 55"West, 29.67 feet;
Thence North 00'24'05" East, 20.00 feet;
Thence South 89'35'55" East, 29.67 feet;
Thence North 00'24' 05" East, 349.24 feet;
Thence North 84°01' 00" West, 33.66 feet;
Thence North 00'24'05" East, 25.12 feet;
Thence South 84'01'00" East,47.86 feet;
Thence South 80' 12' 53" East, 139.80 feet;
Thence South 75'39'39" East, 13 6.3 8 feet;
Thence South 71' 25'40" East, 110.77 feet;
Thence South 67°08' 27" East, 168.67 feet;
Thence South 22'08' 27" East, 16.65 feet;
Thence South 00'24'05" West, 228.06 feet;
Thence South 89°35' 55" East, 45.89 feet;
Thence South 00'08'32" East, 20.00 feet;
Thence North 89'35' 55"West,46.08 feet;
Thence South 00° 24' 05" West, 117.65 feet;
Thence South 89'35' 55" East, 11.50 feet;
Thence South 00'24'05"West, 10.00 feet;
Thence North 89'35' 55" West, 11.50 feet;
Thence South 00' 24'05" West, 131.18 feet;
Thence South 89'35' 55" East, 48.54 feet;
Thence South 00'08' 32" East, 20.00 feet;
Thence North 89'35' 55" West, 15.19 feet;
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April 5, 2024
Page 2
Thence South 00' 27' 18" West, 7.50 feet;
Thence North 89'32' 42" West, 10.00 feet;
Thence North 00' 27' 18" East, 7.50 feet;
Thence North 89'35'55"West,23.54 feet,to POINT B;
Thence South 00' 24' 05" West,326.18 feet;
Thence South 45' 24' 05" West, 16.01 feet;
Thence North 89' 35' 55"West, 140.67 feet;
Thence South 00' 24' 05" West,50.49 feet;
Thence South 89'46'00"West, 20.00 feet;
Thence North 00' 24' 05" East, 50.71 feet;
Thence North 89' 35' 55" West, 350.69 feet to the POINT OF BEGINNING of EASEMENT
PERIMETER.
The above-described easement perimeter contains 541,421 Ft' (12.429 Acres) more or less.
EXPECTING THEREFROM
EXCLUSION AREA-1
An area of land located in the Southwest Quarter of the Southeast Quarter of Section 17,Township 3
North, Range 1 East, Boise Meridian, City of Meridian,Ada County, Idaho, being more particularly
described as follows:
COMMENCING at aforementioned Point A.thence South 89°35'55" East, 25.00 feet,to the POINT OF
BEGINNING of EXCLUSION AREA-1:
Thence South 89' 35' 55" East,228.47 feet;
Thence South 00' 24' 05" West, 63.12 feet;
Thence North 89' 35' 55" West,30.30 feet;
Thence South 00'24'05" West, 20.00 feet;
Thence South 89'35' 55" East, 30.30 feet;
Thence South 00' 24'05" West, 167.38 feet;
Thence South 89' 35'55" East, 17.50 feet;
Thence South 00' 24' 05" West, 50.50 feet;
Thence North 89'35'55"West, 204.72 feet;
Thence North 00' 25' 20" East, 33.00 feet;
Thence North 89'34' 47" West,20.00 feet;
Thence South 00' 25' 26" West, 18.05 feet;
Thence North 89'34' 47" West, 2.95 feet;
Thence South 45' 24' 05"West, 13.18 feet;
Thence North 44'35' 55" West, 12.69 feet;
Thence North 00'24' 05" East, 286.39 feet to the POINT OF BEGINNING of EXCLUSION AREA-1.
FURTHER EXPECTING THEREFROM
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Site Planning•Landscape Architecture •Civil Engineering•Surveying
462 E.Shore Drive,Suite 100•Eagle,Idaho 83616•P 208.939.4041 •www.thelandgroupinc.com
April 5, 2024
Page 3
EXCLUSION AREA-2
An area of land located in the Southwest Quarter of the Southeast Quarter of Section 17,Township 3
North, Range 1 East, Boise Meridian, City of Meridian,Ada County, Idaho, being more particularly
described as follows:
COMMENCING at aforementioned Point A, thence North 51°44'30" East 32.02 feet, to the POINT OF
BEGINNING of EXCLUSION AREA-2:
Thence North 00'24'05" East, 7.50 feet;
Thence South 89'35' 55" East,34.70 feet;
Thence North 00°24' 05" East, 10.00 feet;
Thence North 89°35' 55" West, 34.70 feet;
Thence North 00'24'05" East, 220.87 feet;
Thence South 89°35'55" East,36.50 feet;
Thence North 00°23'48" East, 20.00 feet;
Thence North 89'35'55" West, 36.50 feet;
Thence North 00'24'05" East, 50.13 feet;
Thence South 89°35' 55" East, 39.40 feet;
Thence North 00°24' 05" East, 11.50 feet;
Thence North 89'35' 55"West,39.40 feet;
Thence North 00' 24' 05" East,44.03 feet;
Thence South 89°35' 55" East,30.07 feet;
Thence North 00° 23'48" East, 20.00 feet;
Thence North 89°35' 55" West,30.07 feet;
Thence North 00°24'05" East, 259.09 feet;
Thence South 89°35' 55" East,23.81 feet;
Thence North 00'24'05" East, 10.00 feet;
Thence North 89°35' 55"West, 23.81 feet;
Thence North 00°24' 05" East, 8.14 feet;
Thence South 80° 12' 53" East, 123.66 feet;
Thence South 75'39' 39" East, 125.15 feet;
Thence South 00°24'05" West,25.55 feet;
Thence North 89°35' 55"West,40.75 feet;
Thence South 00'24'05"West, 20.00 feet;
Thence South 89°35'55" East, 25.75 feet;
Thence South 00°24'05"West,255.15 feet;
Thence North 89°35' 55"West, 12.66 feet;
Thence South 00'24'05" West, 10.00 feet;
Thence South 89°35' 55" East, 12.66 feet;
Thence South 00°24'05" West, 171.77 feet;
Thence North 89°37'41" West,6.50 feet;
Thence South 00'22' 19"West, 10.00 feet;
Thence South 89°37'41" East, 6.49 feet;
Thence South 00°24'05"West,49.88 feet;
Thence North 89'35'57"West, 23.13 feet;
Thence South 00' 24'35"West, 20.00 feet;
Y9"
Site Planning•Landscape Architecture•Civil Engineering•Surveying
462 E.Shore Drive,Suite 100•Eagle, Idaho 83616•P 208,939.4041•www.thelandgroupinc.com
April 5,2024
Page 4
Thence South 89°35'S7" East, 23.14 feet;
Thence South 00'24'05"West,48.61 feet;
Thence North 89°35'55"West,228.47 feet to the POINT OF BEGINNING of EXCLUSION AREA-2.
FURTHER EXPECTING THEREFROM
EXCLUSION AREA-3
An area of land located in the Southwest Quarter of the Southeast Quarter of Section 17,Township 3
North, Range 1 East, Boise Meridian, City of Meridian,Ada County, Idaho, being more particularly
described as follows:
COMMENCING at aforementioned Point B, thence North 70°49'14" West 26.41 feet, to the POINT OF
BEGINNING of EXCLUSION AREA-3:
Thence North 89°35' 55"West,235.97 feet;
Thence North 00'24'05" East, 111.21 feet;
Thence South 89°35' 55" East, 20.22 feet;
Thence North 00°24' 05" East, 20.00 feet;
Thence North 89°35' 55" West, 20.22 feet;
Thence North 00° 24'05" East, 101.13 feet;
Thence South 89'35' 55" East, 26.12 feet;
Thence North 00'24' 05" East, 20.00 feet;
Thence North 89°35' 55"West, 26.12 feet;
Thence North 00° 24'05" East, 330.11 feet;
Thence South 89°55' 59" East, 22.54 feet;
Thence North 00°04' 01" East, 10.00 feet;
Thence North 89°55'59"West, 19.98 feet;
Thence North 00'24'05" East, 11.01 feet;
Thence South 71°25'40" East, 92.12 feet;
Thence South 67°08' 27" East, 131.36 feet;
Thence South 22'51'33"West, 15.11 feet;
Thence South 67°08' 27" East, 10.00 feet;
Thence North 22°51'33" East, 15.11 feet;
Thence South 67°08' 27" East, 16.01 feet;
Thence South 22°08'27" East, 1.32 feet;
Thence South 00'24'OS" West,45.03 feet;
Thence North 89°35'55" West,41.51 feet;
Thence South 00° 23' S5"West, 20.00 feet;
Thence South 89°35'55" East,41.51 feet;
Thence South 00°24'OS" West,448.39 feet to the POINT OF BEGINNING of EXCLUSION AREA-3.
FURTHER EXPECTING THEREFROM
Site Planning•Landscape Architecture•Civil Engineering•Surveying
462 E.Shore Drive,Suite 100•Eagle,Idaho 83616•P 208.939,4041•www.thelandgroupinc.com
April 5, 2024
Page 5
EXCLUSION AREA-4
An area of land located in the Southwest Quarter of the Southeast Quarter of Section 17,Township 3
North, Range 1 East, Boise Meridian, City of Meridian,Ada County, Idaho, being more particularly
described as follows:
COMMENCING at aforementioned Point B, thence South 65°41'56" West 27.52 feet, to the POINT OF
BEGINNING of EXCLUSION AREA-4:
Thence South 00°24'05" West, 220.39 feet;
Thence North 89°35' 55" West,41.51 feet;
Thence South 00°23'S5"West, 20.00 feet;
Thence South 89°35'55" East,41.51 feet;
Thence South 00°24'05"West, 60.61 feet;
Thence North 89'35' 55" West, 10.45 feet;
Thence North 00°24'05" East, 17.07 feet;
Thence North 89°35' 55" West, 12.00 feet;
Thence South 00°24'OS" West, 17.07 feet;
Thence North 89°35' 55"West, 211.02 feet;
Thence North 00°24' 05" East,4.75 feet;
Thence South 89°35' 55" East, 12.67 feet;
Thence North 00°24'05" East, 10.00 feet;
Thence North 89*35' 55" West, 15.17 feet;
Thence North 00°24'05" East, 249.46 feet;
Thence South 89°35'55" East, 9.00 feet;
Thence North 00°24'05" East, 10.00 feet;
Thence North 89°35' 55" West, 9.00 feet;
Thence North 00"24'05" East, 3.16 feet;
Thence South 89°35' 55" East, 33.00 feet;
Thence North 00'25' 27" East, 20.00 feet;
Thence North 89°35' 55"West,33.00 feet;
Thence North 00.24' 05" East, 3.63 feet;
Thence South 89°35' 55" East, 235.97 feet to the POINT OF BEGINNING of EXCLUSION AREA-4.
The above-described easement contains 130,632 Ft2(2.999 Acres) more or less.
Prepared by:
The Land Group,Inc.
Michael S. Femenia, PLSA
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Site Planning• Landscape Architecture•Civil Engineering•Surveying
462 E.Shore Drive,Suite 100•Eagle,Idaho 83616•P 208.939.4041•www.thelandgroupinc.com
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