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HomeMy WebLinkAboutFoxcroft Subdivision No. 2 Water Main Easement No. 2 ESMT-2024-0068 (2024-028544) (2024-030589) Project Name or Subdivision Name: ADA COUNTY RECORDER Trent Tripple 2024-028544 Foxcroft Subdivision no 2 BOISE IDAHO Pgs=9 MATT BUNK 05/29/2024 08:16 AM CITY OF MERIDIAN,IDAHO NO FEE Water Main Easement Number: 2 Identify this Easement by sequential number if the project contains more than one ADA COUNTY RECORDER Trent Tripple easement of this type.See instruction s/cheWi st for additional information. 2024-030589 BOISEIDAHO Pgs=15 VICTORIA BAILEY 06/07/2024 10:12 AM For Internal Use Only CITY OF MERIDIAN, IDAHO NO FEE Record Number: ESMT-2024-0068 Re-Record to Replace Exhibits A and B WATER MAIN EASEMENT THIS Easement Agreement made this 28th day of May, 2024,between Open Door Rentals LLC Corporation("Grantee")-5 ("Grantor")and the City of'Meridian, an Idaho Municipal WHEREAS, the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS , the water main 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 water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and 13) The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities,together with their maintenance,repair andreplacement at the convenience ofthe 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 ofthis easement. 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 Water Main Easement Page 1 Version 01/01/2024 Project Name or Subdivision Name: Foxcroft Subdivision no 2 Water Main Easement Number: 2 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-2024-0068 Re-Record to Replace Exhibits A and B WATER MAIN EASEMENT THIS Easement Agreement made this 28th day of May, 2024,between Open Door Rentals LLC Corporation("Grantee")-5 ("Grantor")and the City ofMeridian, an Idaho Municipal WHEREAS, the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS , the water main is to be provided f'or through underground pipelines to be constructed by others; and W11EREAS, 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 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 water mains and their allied facilities,together with their maintenance,repair andreplacement at the convenience ofthe Grantee,with die 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 malting 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 ofthis easement. 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 Water Main Easement Page 1 Version 01/01/2024 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 ID O ) ss County of Ada ) This record was acknowledged before me onEKOW $ �0? (date) by—(,)W-e!¢ 6e -�✓J (name of individual), [cornplete the follovving Z sagmnaIt) in a representative capacity, or strike the folloMngo, Zf sigaiing in can individual capacity) on behalf of_ e i2e-Aids Ile- (name of entity on behalf of whom record was executed), in the fo lowing representative capacity: M,0A tiu (type of authority such as officer or trustee) Notary Stamp Below Qom/ Notary Signature AOAIR K tale o My Commission Expires:_� 4S—ID �Notary Publ;c- State of Idaho Commission Number 30052 My Commission Expires O6-o5-202B Water Main Easement Page 2 Version 0 1/0 1/2024 GRANTEE: CITY OF MERIDIAN o t . Si iso Mayor 5-28-2024 Attest by C is Joh�' r ,N°` ity 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 CHARLENE WAY COMMISSION No. 67390 Notary Signature NOTARY PUBLIC My Commission Expir- 3-28-2028 STATE OF IDAHO Water Main Easement Page 3 Version 01/01/2024 Exhibit A Foxcroft Apartments April 25, 2023 A portion of the Southeast 1/4 of the Northeast 1/4 of Section 10, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho more particularly described as follows: C he East 1/4 corner of said Section 10 from er 1/4 corner 10 bears, North 89°36'02" West, 2655.6 on the east-west ce Section 10, North 89036'02" West, 3 nce leaving said ea ine, North 00023'59" East, 28.71 NT OF BEGINNING; thence contin °23'59" East, 55.20 fe thence North 89 7.30 feet; thence North 00023' feet; thence North 66039'02" thence South 23020'58" We thence North 66°39'02" West, thence North 23020'58" E thence North 66039'0 4 f thence South 2302 .50 feet; thence North 6 , 21.00 feet; thence No ast, 18.50 feet; thence " West, 199.00 feet; the 0'S8" West, 91.50 feet; 6039'02" East, 12.50 feet; S��N�E SN�N G G 11779 CP V1z5A&23 c�op9�F O F SOP p� YM McCk Page 1 of 4 thence South 23°20'58" West, 20.00 feet; thence North 66°39'02" West, 12.50 feet; thence South 23°20'58" West, 43.87 feet; thence South 00°23'58" West, 138.08 feet; t °36'02" East, 25.00 feet; then 'S8" West, 12.50 feet; thence " East, 85.31 feet; thence Sout st, 24.30 feet to the er of an existing City of Meridian wate thence on the nor e, North 8 , 20.00 feet; thence leaving said n lin '58" East, 4.30 feet; thence North 89°36'02" thence North 00°23'58" East, thence North 89°36'02" We thence North 00°23'58" thence South 89°36' 0 feet, thence North 00 45.89 feet; thence Nort st, 30.18 feet; thence West, 43.00 feet; then '58" East, 20.00 feet; t °39'02" East, 43.00 feet; 23°20'58" East, 84.16 feet; ANC v\GENS,�., �G 11779 �p TF OF yM MCCPM� Page 2 of 4 thence North 66039'02" West, 21.32 feet; thence North 23°20'58" East, 25.09 feet; thence North 66039'02" West, 45.70 feet; thence North 23020'58" East, 32.00 feet; the 9'02" East, 20.00 feet; thence " West, 12.00 feet; thence So ast, 279.00 feet; thence North 17.81 feet; thence South 66' 00 feet; thence South 23°20'5 fe thence South 66039'02" E thence North 23°20'58" East, thence South 66°39'02" Ea thence South 23°20'58" thence South 66039' .50 fee thence North 230 3.50 feet; thence Sout st, 20.00 feet; thence West, 13.50 feet; then '02" East, 10.60 feet; ONPL LANO o p j 11779 e s/Zn23 z F �yM, McCPM� Page 3 of 4 thence South 00023'59" West, 85.72 feet to the northerly right-of-way line of W. Pine Avenue; thence on said northerly right-of-way line, South 82032'41" West, 20.19 feet to the POINT OF BEGINNING. Containing 32,329 square feet or 0.742 acres, more or less. End of LANt �\ ENSF s G� 1 779 cn� Z6Z3 0 C0p9TF OF YM M R PN`� Page 4 of 4 LINE TABLE LINE TABLE LINE TABLE LINE BEARING I LENGTH LINE BEARING LENGTH LINE I BEARING LENGTH L1 NO'23'59"E 28.71 L18 S89'36'02"E 85.31 L35 N23'20'58"E 32.00 L2 NO'23'59"E 55.20 L19 SO'23'58"W 24.30 L36 S66'39'02"E 20.00 L3 N89'36'01" L20 S89'36'02"E 20.00 8"W 12.00 L4 NO'23'59"E L21 NO'23'58"E 4.30 20'S8"E 17.81 L5 S23'20'58"W 1 L22 N89'36'02"W 110.31 66'39'02"E 20.00 L6 N66'39'02"W 24.0 3 NO'23'58"E 3.75 S23'20'58"W 17.81 L7 N23'20'58"E 18.50 S89'36'02"E 42.0 1 N23'20'58"E 12.50 L8 S23'20'58"W 18.50 0'23'58"E 2 L42 S66'39'02"E 25.00 L9 N66'39'02"W 21.00 '36'02"E L43 S23'20'58"W 12.50 L10 N23'20'58"E 18.50 '58" L44 N23'20'58"E 13.50 L11 S23'20'58"W 91.50 L L45 S66'39'02"E 20.00 I L12 S66-39'02"E 12.50 L29 L46 S23-2C'58"W 13.50 L13 S23'20'58"W 20.00 L30 .00 L47 S66'39'02"E 10.60 L14 N66'39'02"W 12.50 L31 16 L48 SO'23'59"W 85.72 L15 S23'20'58"W 43.87 L3 L49 S82.32'41"W 20.19 L16 S89'36'02"E 25.00 L17 SO'23'58"W 12.50 '02" v O 11 � ���z5/�o23P0 0 TFOF �� yM MCCN F.\F..-It Sub N. 2 21-406\dwg\F-,.ft S.b WM-E..drg 4/25/2023 5 27:55 FM awi IDAHO Exhibit B 21b406 xcr 9955 W.EMERALD ST, Fooft Apartments Sheet No. pl BOISE.DAHO 63704 SURVEY /1 (zaa)64G657a 2 of 2 GROUP, LLC A portin of the SE1/4 of the NE1/4 of Section 10, Dwg. Date T.3N., RAW., B.M., City of Meridian, Ada County, Idaho. 4/25/2023 I I Moshers Farm. 4 6 L37 Sub. � (34 S6��9 00. I L33 391 I L32 �^ v N6 I 63�.0 N 4 0 L12 199 00. 40 243 �28 � L10 639 2'F L41 L27 L14 w 442 w I 00 L43 I E 0°)0 n S00'23'58"W w Ui cv 138.08' r f 0 v46 v Z N6 S L46 Z L26 L16 L17 Irz ,n L18 L47 I N (3_) 00 J t24 L22 J i J N I L23 L21 I L20 f —' W. Pine Ave. ing 7i L49 1/4 C 1/4 --11.. _2321.17'_ 334,50' S,10 S.11 .. ..... . N89. . ... .. ... . I I I es ONPL LAND E NS `S 779 7,3 ,r e Sheet 2 for �O Line Tables N Scale: 1"=150' 0 75 150 300 P.\Fo.crofl Sub No. 2 21-406\dwg\Fo.croft Sub Woter E..dwg 4/25/2023 8:03:49 PM IDAHO Exhibit B 21b406 SURVEY 9955 . EMERALD DAH083704 Foxcroft Apartments Sheet No. BOISE.IDANO 83�04 (20B)846B570 1 of 2 GROUP, LLC A portin of the SE1/4 of the NE1/4 of Section 10, Dwg. Date T.3N., RAW., B.M., City of Meridian, Ado County, Idaho. 4/25/2023 Exhibit A Foxcroft Apartments June 3, 2024 A portion of the Southeast 1/4 of the Northeast 1/4 of Section 10, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho more particularly described as follows: Commencing at the East 1/4 corner of said Section 10 from which the Center 1/4 corner of said Section 10 bears, North 89036'02" West, 2655.68 feet; thence on the east-west centerline of said Section 10, North 89036'02" West, 334.50 feet; thence leaving said east-west centerline, North 00023'59" East, 28.71 feet to the POINT OF BEGINNING; thence continuing, North 00023'59" East, 55.20 feet; thence North 89036'01" West, 17.30 feet; thence North 00023'59" East, 27.35 feet; thence North 66039'02" West, 176.71 feet; thence South 23020'58" West, 18.50 feet; thence North 66039'02" West, 24.00 feet; thence North 23°20'58" East, 18.50 feet; thence North 66039'02" West, 286.84 feet; thence South 23020'58" West, 18.50 feet; thence North 66039'02" West, 21.00 feet; thence North 23020'58" East, 18.50 feet; thence North 66039'02" West, 199.00 feet; thence South 23020'58" West, 91.50 feet; thence South 66039'02" East, 12.50 feet; thence South 23020'58" West, 20.00 feet; ONPL L ANC thence North 66°39'02" West, 12.50 feet; GENS�c,�`r G thence South 23020'58" West, 43.87 feet; 1 779 thence South 00°23'58" West 138.08 feet; 3, 2®Z. ° yz 00 9TF OF �QP O� oyM McCN Page 1 of 3 thence South 89036'02" East, 25.00 feet; thence South 00023'58" West, 12.50 feet; thence South 89°36'02" East, 85.31 feet; thence South 00023'58" West, 24.30 feet to the Northeast corner of an existing City of Meridian water easement; thence on the north easement line, North 89036'02" West, 20.00 feet; thence leaving said north easement line, North 00023'58" East, 4.30 feet; thence North 89036'02" West, 110.31 feet; thence North 00023'58" East, 3.75 feet; thence North 89°36'02" West, 42.00 feet; thence North 00023'58" East, 25.00 feet; thence South 89036'02" East, 42.00 feet; thence North 00023'58" East, 145.89 feet; thence North 23020'58" East, 30.18 feet; thence North 66°39'02" West, 45.00 feet; thence North 23020'58" East, 20.00 feet; thence South 66039'02" East, 45.00 feet; thence North 23020'58" East, 84.16 feet; thence North 66039'02" West, 23.82 feet; thence North 23020'58" East, 25.09 feet; thence North 66039'02" West, 44.70 feet; thence North 23020'58" East, 32.00 feet; thence South 66039'02" East, 21.50 feet; pNNk- LAND thence South 23020'58" West, 12.00 feet; IK thence South 66039'02" East, 277.00 feet; 11779 �0p9TF OF YM MCCN Page 2 of 3 thence North 23020'58" East, 17.81 feet; thence South 66°39'02" East, 22.00 feet; thence South 23020'58" West, 17.81 feet; thence South 66039'02" East, 243.50 feet; thence North 23°20'58" East, 12.50 feet; thence South 66°39'02" East, 25.00 feet; thence South 23020'58" West, 12.50 feet; thence South 66039'02" East, 208.50 feet; thence North 23°20'58" East, 13.50 feet; thence South 66039'02" East, 20.00 feet; thence South 23020'58" West, 13.50 feet; thence South 66039'02" East, 10.60 feet; thence South 00023'59" West, 85.72 feet to the northerly right-of-way line of W. Pine Avenue; thence on said northerly right-of-way line, South 82"32'41" West, 20.19 feet to the POINT OF BEGINNING. Containing 32,516 square feet or 0.746 acres, more or less. End of Description. GE N SFD 11 79 N� PO OF \� 0� YM MCCN Page 3 of 3 I I Moshers Farm C36 L37 Sub. � L 34 S66• ��' 33 I 39'? I F L32 M v �6639, L38 43g C30 L12 lg .00, L40 ?43 4? v L10 49 � 9' S66- s0' L27 8 L14 iV6 0?F L41 of I w v 6 39' 4.1 a) I 00 -f`�0 S00'23'58"W ?8684, L43 208.50'02"E c I c"4 138.08' ~ L44 Z v46 v �663 4�S L46 Z N L26 L16 L18 Ll 7 1�6)0?"�, J L47 L24 ao L22 I I J L3 N � L23 L21 I L20 J Point of W. Pine Ave. Beginning J L49 1/4 — — 2321.17' C 1/4 334.50' S.10 S.11 5.10 N89°36'02"W 2655.68' Basis of Bearings I Mile High I Pines Sub. \oNNL LAHp s NSA" .c or 0 11779 * o o P See Sheet 2 for OF O� Line Tables YM McCP►N`� N Scale: 1"=150' 0 75 150 300 P:\Foxcroft Apartments 21-406\dwg\Foxcroft Sub Water Ex.dwg 6/3/2024 8:51:00 AM DAHO Exhibit B 21b 406 SURVEY 9955W AHO83704MERALD Foxcroft Apartments Sheet No. BO8)84 DAHO 83704 (208)846-8570 1 Of 2 GROUP, LLC A portin of the SE1/4 of the NE1/4 of Section 10, Dwg. Date T.M., RAW., B.M., City of Meridian, Ada County, Idaho. 6/3/2024 LINE TABLE LINE TABLE LINE TABLE LINE BEARING LENGTH LINE BEARING LENGTH LINE BEARING LENGTH L1 NO'23'59"E 28.71 L18 S89'36'02"E 85.31 L35 N23'20'58"E 32.00 L2 NO'23'59"E 55.20 L19 SO'23'58"W 24.30 L36 S66'39'02"E 21.50 L3 N89'36'01"W 17.30 L20 N89'36'02"W 20.00 L37 S23'20'58"W 12.00 L4 NO'23'59"E 27.35 L21 NO'23'58"E 4.30 L38 N23'20'58"E 17.81 L5 S23'20'58"W 18.50 L22 N89'36'02"W 110.31 L39 S66'39'02"E 22.00 L6 N66'39'02"W 24.00 L23 NO'23'58"E 3.75 L40 S23'20'58"W 17.81 L7 N23'20'58"E 18,50 L24 N89'36'02"W 42.00 L41 N23'20'58"E 12.50 L8 S23'20'58"W 18.50 L25 NO'23'58"E 25.00 L42 S66'39'02"E 25.00 L9 N66'39'02"W 21.00 L26 S89'36'02"E 42.00 L43 S23'20'58"W 12.50 L10 N23'20'58"E 18.50 L27 N23'20'58"E 30.18 L44 N23'20'58"E 13.50 L11 S23'20'58"W 91.50 L28 N66'39'02"W 45.00 L45 S66'39'02"E 20.00 L12 S66'39'02"E 12.50 L29 N23'20'58"E 20.00 L46 S23'20'58"W 13.50 L13 S23'20'58"W 20.00 L30 S66'39'02"E 45.00 L47 S66'39'02"E 10.60 L14 N66'39'02"W 12.50 L31 N23'20'58"E 84.16 L48 SO'23'59"W 85.72 L15 S23'20'58"W 43.87 L32 N66'39'02"W 23.82 L49 S82'32'41"W 20.19 L16 S89'36'02"E 25.00 L33 N23'20'58"E 25.09 L17 I SO'23'58"W 12.50 L34 N66'39'02"W 44.70 \�NNIL L ANp s \,�GENSF 1 779 C�p9FOF ��Pp� YM M CC PN`� P:\Foxcroft Apartments 21-406\dwg\Foxcroft Sub Water Ex.dwg 6/3/2024 9:36:18 AM IDAHO Exhibit By l 21b406 SURVEY 9955W AHO83704MERALD Foxcroft Apartments Sheet No. BOISE,IDAHO 83704 (208)846-8570 2 of 2 GROUP, LLC A portin of the SE1/4 of the NE1/4 of Section 10, Dwg. Date T.3N., R.M., B.M., City of Meridian, Ada County, Idaho. 6/3/2024