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HomeMy WebLinkAboutFed Ex BOIA Van Station Water Main ESMT-2024-0075 ADA COUNTY RECORDER Trent Tripple 2024-034388 BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 06/26/2024 08:44 AM Project Name or Subdivision Name: CITY OF MERIDIAN, IDAHO NO FEE Fed Ex BO1A Van Station ESMT Water Main Easement Number. Identify this Easement by sequential number if the project contains more than one easement of this type.See insYudonslchec4ist for additional information. For Internal Use Only ESMT-2024-0075 Record Number. WATER MAIN EASEMENT THIS Easement Agreement made this 25t[-e of JuneLo_& between WUF_Holdings-IV, LLc ("Grantor")and the City ofMeridian,an Idaho Municipal Corporation("Grantee"); WHEREAS. the Grantor desires to provide a Nvater 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 be the Grantor,and other good and valuable consideration, the Grantor does hereby give,grant and convey unto the Grantee the riht- of-vvay for an easement for the operation and maintenance of water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and ) The easement hereby granted is for the purpose of construction and operation of®eater 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 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 therein 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 withi n the boundaries of any Water Main Easement Page I 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. THE GRANTEE shall fully release that certain Re-Use Water Main Easement dated February 16, 2021 (Instrument No. 2021-025338), abandon the re-use water main in place, and cap the re-use water main in accordance with City of Meridian standards. Thereafter, Grantor agrees to accept said re-use water main"as is" and may utilize the re-use water main as it deems fit, subject to any applicable federal, state, or local laws and regulations. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: WUF Holdings IV, LLC Brande Winget Managing Member, WUF Holdings IV, LLC STATE OF CALIFORNIA) )ss County of Los Angeles ) This record was acknowledged before me on (date) by Brande Winget on behalf of N OF Holdings IV, LLC in the following representative capacity: Managing Member %'Gary S*a—..: Se''lzv. POMM-9"��. See Attached Certificate Notary Signature My Commission Expires:_1.�),- z± Water Main Easement Page 2 Version 01/01/2024 I CALIFORNIA ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to vdhich this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California 1 County of Los Ang i es j} On , 7- 20- - - before me, Ronny Nai Ood `ti!otary t�biic) Date Here Insert Name and Title of the Officer � �E � Er personally appeared � w L - Y�r tiGy�f Nome(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(A whose name( is/apesubscribed to the within instrument and acknowledged to me that 4c>lshe/t0ey executed the same in h s/her/their authorized capacityUjse),and that by his/her/13:2ir signature(y)on the instrument the person(s), or the entity upon behalf of which the person(4 acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing RONwvruroo0 paragraph is true and correct. jco misssio Angelrii va WITNESS my hand and official seal. µY Co m.Ex*es Dec 24,2026 i Signature v� Place Notary Seal clod/or Stamp Above Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or ; fraudulent reattachment of this form to on unintended document. Description of Attached Document Title or Type of Document: ___ ____ ------------- Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer—Title(s): _ ❑ Corporate Officer —Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ General Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator CI Other: ❑ Other: _ Signer is Representing:________ Signer is Representing: I 2019 National Notary Association GRANTEE: CITY OF MERIDIAN Robert E. Simis ,N yor 6-25-2024 � ! Kai CUE Attest by C s Johnsr`` Clerk 6-25-2024 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 6-25-2024 (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 Cha&ycWM COMMISSION No. 67390 Notary Signature NOTARY PUBLIC My Commission Expire . 3-28-2028 STATE OF IDAHO Water Main Easement Page 3 Version 01/01/2024 EXHIBIT A WATER MAIN EASEMENT FOR SHE CITY OF MERIDIAN,IDAHO An easement located in the SW 1/4 of Section 11, Township 3 North, Range 1 West, Boise Meridian,and being a part of PARCEL A as shown on Record of Survey No.12136, Instrument No. 2019-128689, in the office of the Recorder, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monument marking the southwesterly corner of said SW 1/4,from which an aluminum cap monument marking the southeasterly corner of said SW 1/4 bears S 89'09'33" E a distance of 2658.14 feet; Thence 5 89Q09'33"E along the southerly boundary of said SW 1/4 a distance of 1756.50 feet to a point on the extension of the easterly boundary of said PARCEL A; Thence leaving said southerly boundary N 0°00'05" E along said extension a distance of 30.00 feet to a 5/8 inch diameter iron pin marking the southeasterly corner of said PARCEL A; Thence continuing N O'00'05" E along the easterly boundary of said PARCEL A a distance of 1241.38 feet to a point; Thence leaving said easterly boundary S 89'59'39" W a distance of 24.61 feet to the POINT OF BEGINNING; Thence continuing S 89'59'39"W a distance of 31.44 feet to a point on the easterly boundary of that existing WATER MAIN EASEMENT as described in Instrument No.2021-002164 in said office of the Recorder; Thence N O'00'21"W along said easterly boundary a distance of 20.00 feet to a point; Thence leaving said easterly boundary N 89°59'39" E a distance of 11.44 feet to a point on the westerly boundary of that existing RE-USE WATER MAIN EASEMENT as described in Instrument No. 2021-025338 in said office of the Recorder; Thence N 0'00'21"W along said westerly boundary a distance of 84.77 feet to a point marking the northwesterly corner of said RE-USE WATER MAIN EASEMENT; Page 1 of 2 Thence N 89°59'40" E along the northerly boundary of said RE-USE WATER MAIN EASEMENT a distance of 20.00 feet to a point marking the northeasterly corner of said RE-USE WATER MAIN EASEMENT; Thence S O*W21" E along the easterly boundary of said RE-USE WATER MAIN EASEMENT a distance of 104.77 feet to the POINT OF BEGINNING. This parcel contains 2,324 square feet (0.053 acres) and is subject to any other easements, existing or in use. Prepared by: Kyle A. Koomler, PLS EA Off, Civil Survey Consultants,Incorporated �1� o November 8,2023e 18780 Q �y241 WID K©� � Page 2 of 2 EXHIBIT B SKETCH TO ACCOMPANY DESCRIPTION FOR THE WATER MAIN EASEMENT LOCATED IN THE SW I/4 OF SECTION 11 TOWIVSHIP 3 NORTH, RANGE I WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO PLs L-3 7881 ZNN PIWCEL A °` a ZZ RECUR✓ OF SURVEY SCALE.- 1=30' ND. 121 x6 H-2 INC) f z WATER AMIN EASEMENT � p INST. NO, 202 1-002 1 6 4 FoWNING ilk 3t�44` 24.61' o Q�3PG A p s I S 89'89 39 W 5 895939"ii Q f f 187 0 ! z I z ��qrf oIF �o" GML SURVEY CONSULTANTS, INC. 2893 SOUTH MERIDIAN ROAD 2 3 a MERIDIAN, IDAHO 83842 h (208)888-4312 z LINE DATA LINE BEARING DISTANCE L-1 N 0'00 21" W 1 20.00' L-2 N 89'5939" 11.44' L-3 A! 89'59 40" E 1 20.00' P iL P/L PL s t 7881 oIQ 00 W FRANKL/N ROAD oI h 10 _ 1756.50' 190r 64' 1 4 15,E 14 26M 1 4— — _ PL S GLS BASIS Oc' BEARING f �291 5082