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HomeMy WebLinkAboutDelano Apartments Sanitary Sewer and Water Main Easement No. 1 ESMT-2024-0071 (2024-028622) ADA COUNTY RECORDER Trent Tripple 2024-028622 BOISE IDAHO Pgs=8 BONNIE OBERBILLIG 05/29/2024 11:12 AM Project Name or Subdivision Name: CITY OF MERIDIAN, IDAHO NO FEE Delano Apartments Sanitary Sewer&Water Main Easement Number: 1 Identify this Easement by sequential number if the project contains more than one easement of this type.See instructions/checklist for additional information. For Internal Use Only Record Number: ESMT-2024-0071 SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement made this 28th day of May 2024 between Open Door Rentals LLC ("Grantor")and the City ofMeridian,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 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 Grantor, and other good and valuable consideration, the Grantor does 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, 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. Sanitary Sewer and Water Main Easement Page I 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. 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. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: OPEN DOOR RENTALS LLC STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on 0' , 2024, by Corey D. Barton on behalf of Open Door Rentals LLC in the fo lowing representative capacity: Member Notary Stamp Below ADAIR KOLTES Notary Public- State of Idaho Notary Signature Commission Number 30052 My Commission Expires: S My Commission Expires 06-05-2028 Sanitary Sewer and Water Main Easement Page 2 Version 01/01/2024 GRANTEE: CITY OF MERIDIAN Robert E. 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 Below Notary Signature 3-28-2028 My Commission Expires: Sanitary Sewer and Water Main Easement Page 3 Version 01/01/2024 EXHIBIT A Legal Description City of Meridian Sewer and Water Easement Delano Apartments An easement over a portion of Lot 2, Block 6 of Delano Subdivision No. 1 as shown in Book 121 of Plats on pages 19124 through 19128, Records of Ada County, Idaho, and being located in the N '/z of the SE '/4 of Section 32, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows: EASEMENT Commencing at a 5/8 inch diameter iron pin marking the northwest corner of said Lot 2, Block 6, from which a 5/8 inch diameter iron pin marking the northeast corner of said Lot 2, Block 6 bears N 89146'34" E a distance of 481.15 feet; Thence S 0113'26" W along the westerly property line of said Lot 2, Block 6 a distance of 10.00 feet to the POINT OF BEGINNING; Thence leaving said property line S 89046'34" E a distance of 404.20 feet to a point; Thence S 66113'14" E a distance of 47.79 feet to a point; Thence S 0030'26" W a distance of 237.90 feet to a point; Thence S 89046'34" E a distance of 33.00 feet to a point on the easterly property line of said Lot 2, Block 6; Thence along said property line S 0030'26" W a distance of 20.00 feet to a point; Thence leaving said property line N 89046'34" W a distance of 379.83 feet to a point; Thence S 48153"6" W a distance of 31.59 feet to a point; Thence N 89044'19" W a distance of 76.18 feet to a point on the westerly property line of said Lot 2, Block 6; Thence along said property line N 0013'26" E a distance of 19.97 feet line to a point; Thence leaving said property line S 89046'34" E a distance of 68.66 feet to a point; Thence N 48053"6" E a distance of 31.56 feet to a point; Thence S 89046'34"E a distance of 11.64 feet to a point; Thence N 0013'26" E a distance of 226.93 feet to a point; Thence S 89149'53" W a distance of 53.02 feet to a point; Thence S 0013'26" W a distance of 29.61 feet to a point; Delano Apartments ° ' ig�� tdonng Meridian Water Easement �Lantl Surveying and Consulting Job No.22-45 Page 1 of 4 Thence N 89146'52" W a distance of 1.67 feet to a point; Thence S 0013'08" W a distance of 2.00 feet to a point; Thence N 89046'52" W a distance of 16.67 feet to a point; Thence N 0013'08" E a distance of 2.00 feet to a point; Thence N 89046'52" W a distance of 1.67 feet to a point; Thence N 0113'26" E a distance of 29.47 feet to a point; Thence S 89149'53" W a distance of 30.98 feet to a point on the westerly property line of said Lot 2, Block 6 Thence along said property line N 0013'26" E a distance of 30.78 feet to the POINT OF BEGINNING. EXCLUDING THEREFROM the following described parcel: Commencing at a 5/8 inch diameter iron pin marking the northeast corner of said Lot 2, Block 6, from which a 5/8 inch diameter iron pin marking the southeast corner of said Lot 2, Block 6 bears S 0030'26" W a distance of 316.85 feet; Thence along the easterly property line of said Lot 2, Block 6 S 0130'26" W a distance of 42.43 feet to a point; Thence leaving said property line N 89129'34" W a distance of 53.00 feet to the POINT OF BEGINNING. Thence S 0130'26" W a distance of 98.21 feet to a point; Thence N 89129'34" W a distance of 12.02 feet to a point; Thence S 0130'26" W a distance 20.00 feet to a point; Thence S 89029'34" E a distance of 12.02 feet to a point; Thence S 0030'26" W a distance of 106.62 feet to a point; Thence N 89046'34" W a distance of 52.82 feet to a point; Thence N 0113'26" E a distance of 35.04 feet to a point; Thence N 89029'52" W a distance of 1.68 feet to a point; Thence N 0030'08" E a distance of 2.00 feet to a point; Delano Apartments Q___' Land Surveying and Consulting Meridian Water Easement Job No.22-45 Page 2 of 4 Thence N 89129'52" W a distance of 16.67 feet to a point; Thence S 0030'08" W a distance of 2.00 feet to a point; Thence N 89029'52" W a distance of 1.65 feet to a point; Thence S 0013'26" W a distance of 35.14 feet to a point; Thence N 89146'34" W a distance of 98.62 feet to a point; Thence N 0013'26" E a distance of 15.50 feet to a point; Thence N 89046'34" W a distance of 20.95 feet to a point; Thence S 0113'26" W a distance of 15.50 feet to a point; Thence N 89046'34" W a distance of 110.44 feet to a point; Thence N 0113'26" E a distance of 47.58 feet to a point; Thence S 89046'34" E a distance of 14.52 feet to a point; Thence N 0013'26" E a distance of 20.00 feet to a point; Thence N 89046'34" W a distance of 14.52 feet to a point; Thence N 0113'26" E a distance of 13.77 feet to a point; Thence N 32024'36" E a distance of 18.77 feet to a point; Thence N 0013'26" E a distance of 106.37 feet to a point; Thence S 89046'34" E a distance of 8.94 feet to a point; Thence N 0013'26" E a distance of 23.39 feet to a point; Thence S 89046'34" E a distance of 14.54 feet to a point; Thence S 0013'26" W a distance of 32.02 feet to a point; Thence S 89046'34" E a distance of 20.00 feet to a point; Thence N 0013'25" E a distance of 32.02 feet to a point; Thence S 89046'34" E a distance of 184.52 feet to a point; Thence N 0013'26" E a distance of 10.00 feet to a point; Thence S 89046'34" E a distance of 38.03 feet to a point; Lzi"dolutions Delano Apartments Land Surveying and Consulting Meridian Water Easement Job No.22-45 Page 3 of 4 Thence S 66013'14" E a distance of 30.45 feet to the POINT OF BEGINNING. Said Easement contains 35,850 square feet (0.82 acres) more or less and is subject to any other easements existing or in use. Np,L LA NO Clinton W. Hansen, PLS 5`� s r sG Land Solutions, PC �� FR �- May 9, 2024 0 01 ,05�0�(8 z 1, 9TF OF ALTO N W . N P� Delano Apartments Land Surveying and Consulting Meridian Water Easement Job No.22-45 Page 4 of 4 EXHIBIT B CITY OF MERIDIAN SEWER AND WATER EASEMENT DELANO APARTMENTS BEING OVER A PORTION OF LOT 2, BLOCK 6 OF DELANO SUBDIVISION NO. 1, AND BEING LOCATED IN THE N 1/2 OF THE SE 1/4 OF SECTION 32, T4N, R1E, B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO JASMINE ACRES SUBDIVISION BK 59,PGS 5829-5830 POINT OF BEGINNING (BASIS OF BEARING) S89'46'34"E 481.15' �S0'1326 W 10.00 _ ------------------ ________S89'46'34"E 404.20,------------------� O'13'26"E 30.78' � fV rS89'49'53"W_30.98'_ L12 S89'46'34"E 184.52' ___L14 J- - --, FS89'4T' TWA r1 F--------------- / __IL2O_ to u7i I -I IM I S89'46'34"E 38.0 ' / 1 I F5 ,I 53.02' 1 I J 11 S6613'14"E 30.45 1 I s ,�,� I j L J'NO'13'25"E 32.02' C I 1 m L8 T2 `-L7 I (� -s89.46'34"E 20.00' POINT OF BEGINNING 0cy)0 w� I;- S89'46'34"E 8.94' EXCLUSION PARCEL �i 1 <a us 1 io M1 of Im a rni Iw cnl o N I co N89'29'34"W 12.02'-1 J 1 M o $ N I� r 1 to ,� w i I z SO'3O'26"W 20.00'� I 00 t �' o n( 1 L� I N � MI J S89'29'34"E 12.02� I I N of ,L--N32'24'36"E 18.77' I I 3 M aksm STI z zl �NO'13'26"E 13.7T �I I voi N Lam- 89'46'34"W 14.52' o_I I I N89'29'52"W 16.6 3 r\A _O'13'26"E 20.00' SO'3O'08"W 2.00'� 17 ID 1 I 1 1 I I 1 �s89'46'34"E 14.52' N89'29'52"W 1.65^ - L16 o I I 10J° N89'46'34"W 20.9 SO'13'26"W 35.14' 1 1� o I I I� SO'13'26"W 15.5 fNO'13'26"E 15.50'�- I I S89'46'34"E 11.64' 1 1 N89'46'34"W 110 44' r N89 46'34"W 98 62' I IJ L19 1 1 L2 N48'53'16"E 31.56���J L___ _ J L____---__-J L- �__ 2S89'46'34"E 68.6J� L3 ------ ------------------ i N89'46'34"W 379.83' 9.03' + 4_T ___ ��S48'S3'16"W 31.59' °O t 6.1 N89'46'34"W 479.58' LINE TABLE LINE TABLE LINE TABLE LINE TABLE LINE # LENGTH DIRECTION LINE # LENGTH DIRECTION LINE # LENGTH DIRECTION LINE # LENGTH DIRECTION L1 47.79' S66'13'14"E L7 2.00' SO'13'08"W L13 32.02' SO'13'26"W L19 52.82' N89'46'34"W L2 33.00' S89'46'34"E L8 2.00' NO'13'O8"E L14 10.00' N013'26"E L2O 53.00' N89'29'34"W L3 20.00' SO'3O'26"W L9 1.67' N89'46'52"W L15 35.04' NO'13'26"E L21 16.67' N89'46'24"W L4 19.97' NO'13'26"E L1O 29.47' NO'13'26"E L16 1.68' N89'29'52"W L5 29.61' S013'26"W 1-11 23.39' NO'13'26"E L17 2.00' NO'3O'O8"E L6 1.67 N89'46'52"W L12 14.54' S89'46'34"E L18 47.58' NO'13'26"E 11 A \pNp,L LA NHS CO S T F GAL o CnN�'�S(o9180 _ LLa n futions ITF �pQ'��v Land Surveying and Consulting 0' 40 80' 160 7i�, OF A 231 E.STH ST. ON W Y0 MERIDIAN,ID 83642 (208)288-2040 (208)288-2557 fax www.landsolutions.biz JGB N0.22-45