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HomeMy WebLinkAboutMovado Village Subdivision Sanitary Sewer and Water Main Easement No. 2 ESMT-2024-0036 (2024-028553) ADA COUNTY RECORDER Trent Tripple 2024-028553 BOISE IDAHO Pgs=8 BONNIE OBERBILLIG 05/29/2024 08:26 AM CITY OF MERIDIAN,IDAHO NO FEE Project Name or Subdivision Name: Movado Village Subdivision Sanitary Sewer&Water Main Easement Number: 2 Identify this Easement by sequential number if the projoct contains Pore than one ou—ni of this q•pe.See instruvions/checklist for additional information. For Internal Use Only H-2024-0036 Record Number: �Abua RY SEWER AM WATER MAIN EA4EMENT THIS Easement Agreement made this 28th day of May 20 24 between Meridian Movado Village Investors, LP/C4 Investments, 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. T O HAVE AND T O 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 1 Version 01/01/2024 LD03.11.2024JB 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: Meridian Movado Village Investors, LP by Ferguson & Brewer Investment Company, its GP l' as president of the GP STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on (date) by (name of individual), [complete t� owing ifsigning in a representative capacity, or strike thefollowing ifsigni n an individual capacity) on behalf of (name of ty on behalf of whom record was executed), in the following representativey. (type of authority such as officer or fftee) Notarc Stamp Rclu�� Notary Signature My Commission Expires: Sanitary Sewer and Water Main Easement Page 2 Version 01/01/2024 LD03.11.2024JB CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 h?4�'�%`e,�?FJ?1S4r+,>Fstet';nsFP;.s;;i'f�`F#FJ�'.�3Cf�?�tf3�.'F�•,�,i33`;v�'St�.44U4R-.F2},t3'i??f36f�,�,t,1`.�ui?r!Y3:�?3?Fi{13Saifi w!?1u't`r€�?�i1Fi4R?��i):¢IfQT,i¢.€!3f�fKii?.u# n4 .}4'Si tfi `?i?}�fPSH4fi�89�>i A notary public or other officer completing this certificate verifies only the identity of the Individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of Callfoorniaa County of On r6j") a �i ? ��before me.- 17 f� % 1 t'�l'� � 14 { l� Dote t nHere Insert Name and Title of the Officer personally appeared 1Y" )� t_ i")h�►ni1! Nome(s)of Slgner(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing DEBBITURNBOW r paragraph Is true and correct. 5 COMM.0 2463978 > y NOTPAY PUBLIC CALWORN1A (a WITNESS m hand and official seal. COUNTY OF BUTTE y Comm.Ey4orn OCT 19,2027 IL �Aw Signature, / Place Notary Seo/and/or Stamp Above Signature of Notary Public OPTIONAL — -- Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signers) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: __ _ Signer's Name: ❑Corporate Officer—TWe(s): ❑ Corporate Officer—'Title(s): ❑ Partner— O Limited ❑ General ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer is Representing: r{;5�9tS?tJtxL�kl1dT473ti$if39ki 'c�f3TF{�T II§n�34° QL? }?a3i€� iE3��4P. �23f I�B'€ �f1t1337ftx a R S`e17fi?7 t3'$ F 3}3Ff;f (02019 National Notary Assoclatlon LD03.11.2024JB GRANTOR: C4 Investments LLC A A //'-' VV STATE OF IDAHO ) ) ss County of Ada ) , This record was acknowledged before me on (date) by Jim Conger (name of individual), [complete the following if signing in a Representative capacity, or strike the following if signing in an individual capacity] on behalf of C4 Investments LLC (name of entity on behalf of whom record was Executed), in the following representative capacity: member (type of Authority such as officer of trustee) I •�• �'4'•1ypTAR•�••� •s Notary Signature = My Commission Expires: (� i PUB[. 14 1G"'l� .•••q ,OF•'tp•�••.. LD03.11.2024JB 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. No1111,y Stamp Below Notary Signature My Commission Expires: 3 2s 2o2s Sanitary Sewer and Water Main Easement Page 3 Version 01/01/2024 LD03.11.2024JB 5awtooth Land Surveying, LLC 20-Foot City of Meridian Utility Easement Legal Description BASIS OF BEARINGS is South 89'13'35" East between a brass cap, marking the NI/4 corner of Section 21 and an aluminum cap, marking the northeast corner of Section 21, Township 3 North, Range 1 East, B.M., City of Meridian, Ada County, Idaho. A parcel of land located in the NW114 of the NEI/4 of Section 21,Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly as follows: COMMENCING at a found brass cap, marking the N1/4 corner of said Section 21; Thence South 891113'35" East, coincident with the north line of said NW1/4 of the NE1/4, a distance of 1338.43 feet to the E1/16 corner of said Section 21; Thence South 00024'28"West, coincident with the east line of said NW1/4 of the NE1/4, a distance of 48.00 feet to the southerly right of way of E. Overland Road; Thence continuing, South 00124'28" West, coincident with said east line, 138.35 feet; Thence leaving said east line, North 89035'32" West, 8.00 feet to the POINT OF BEGINNING: Thence South 00024'28"West, parallel with said east line, 584.62 feet; Thence North 89035'32"West, 20.00 feet: Thence North 00*24'28" East, parallel with said east line, 111.23 feet; Thence North 89113'36" West, 13,58 feet; Thence South 00124'28"West, parallel with said east line, 17.89 feet; Thence North 891135'32"West, 20.00 feet-, Thence North 00124'28" East, parallel with said east line, 18.02 feet; Thence North 89013'36"West, 38.82 feet; Thence North 00146'25" East, 20,00 feet; Thence South 89113'36" East, 36.01 feet; Thence North 00000'00" West, 10.06 feet; Thence North 90000'00" East, 36.33 feet; PA20211 I E-MT1121341-MOVADO MULTI-FAMILY PH 21SurveyNDrawings\Dcscriptions120 City of Meridian Utility Ease 2nd Revision.docx .................._­.................­_.­.._'_------ ............ LD03.11.2024JB Thence North 00°24'28" East, parallel with said east line, 422.84 feet; Thence North 89135'32"West, 151.18 feet; Thence South 21016'25"East, 12.80 feet; Thence South 68043'35"West, 20.00 feet; Thence North 21116'25" West, 7.29 feet; Thence South 71029'32"West, 17.43 feet to the beginning of a non-tangent curve to the right; Thence 34.25 feet along the are of said curve, with a radius of 279.00 feet,a central angle of 7102'03", subtended by a chord bearing of North 18156'35"West, 34.23 feet; Thence North 71°29'32" East, 10.07 feet; Thence North 17016'50"West, 15.89 feet; Thence North 72043'10" East,20.00 feet; Thence South 17116'50" East, 19.56 feet; Thence South 89035'32" East, 185.86 feet to the POINT OF BEGINNING. The above described easement contains 0.43 acres, more or less. `( r /; P:\2021\1 EMT\121341-MOVADO MULTI-FAMILY PH 2\Survey\Drawings\Descriptions\20 City of Meridian Utility Ease 2nd Revision.docx LD03.11.2024JB { eases OP Nt:nluars 1:.,oyttet+hno !?Onll [1/,6tYrL9E!'- Nun mR,s1r.a ti 1338.13• kl ..__.4/ ,178.N' z1 "zz I 1 _ i I i i i 1 I; 'Leh FaffrOF MONNNG 4 4 �1r 0.43 ACs ! 589°3S32"E 185.86•1 �� �)toN8935'31"W I 151.8'aim iiim', �.�'l�Nrv°ai•et^wa.w ' u'na na Tisrurac � sb11'tt� (• V CAI 7iM W�f7.R.t19'_ i ti iilerJsT7�w rp.ro• t •.n {�, � 'is rlOO'747rr MoV i 16 a.589,070"El Mall19 19 ��OKwars 3s.�r (Jf/� i� f Ul fl)1�1877'{Y ).19' i H7I....... ID.Q7- / 1x 111 TX s 1 iriwr ism UNPLXM.''D ! 1 ! UNPIA7TCD 14 ' NNVE�Nti:lkhr111,N.R1U11A 11A Afu01E RO11lN±'K L7MNll ltt,'fi_ill /�{ �l•...roi 01U �m rri ti r , YDYADD CNNENS 5I!6D1VId1UN v0. l < , NN 113, PO 17017 I w Le I/ A I i ! ! Li .1 f 2� C) l �� 11574 x ! I 3irt/�a�a (f! , N 89*3532"W OF �/ �'.. _ 20.00'] NJS 1r�f BE, YOYADO SUODM91ON No. 7 R1N a)R,SEC 71 T.3 N.,R 1 E.,B.M. ue 110, Po !aaO r PROJECT: µ OVINE1IDEVELOPER: 2030 S. WASHINGTON AVE DWG k 20-FOOT CITY OF MERIDIAN UTILITY EMMETT,ID 83617 I21341 IX EASEMENT BRECKON LAND DESIGN R (208)398-8104 PROJECT* NW114 OF THE NEI/4,SECTION 21 — � F. (208)398-6105 121341 CITY OF MERIDIAN, VC/I SHEEr ADA COUNTY,IDAHO DATEc 3/2024 Lond5u%veyix/ LLG WWW SAWFOOTHLS.COM I OF 1 l _ LD03.11.2024JB