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HomeMy WebLinkAboutAdler Building 514 Water Main Easement ESMT-2024-0121 (2024-050338) ADA COUNTY RECORDER Trent Tripple 2024-050338 BOISE IDAHO Pgs=5 ANGIE STEELE 09/11/2024 09:13 AM CITY OF MERIDIAN, IDAHO NO FEE Project Name or Subdivision Name: Adler Building 514 - Water Easement Water Main Easement Number: 01 Identify this Easement by sequential number if the projeck contains more than one easement of this type.See instructions/checklist for additional information For Internal Use Only ESMT-2024-0121 Record Number: WATER MAIN EASEMENT THIS Easement Agreement made this 10th day of September 2024 between Adler Benchmark LLC, an Idaho limited liability company ("Grantor") and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS,the Grantor desires to provide a water main easement 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 a non-exclusive 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 underground water mains and their underground or aboveground 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 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. 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 Water Main Easement Page 1 Version 01/01/2024 Grantee's use of said easement, including, but not limited to, buildings, trash enclosures, carports, sheds, fences, trees, or deep-rooted shrubs. GRANTOR may place sidewalks, curbs, gutters, and asphalt parking in the easement area. THE GRANTOR covenants and agrees with the Grantee that should any part of the easement hereby granted shall become part of, or lie within the boundaries of any public street,then,to such extent, such 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: Adler Benchmark LLC i(jo .11 Bradley E. iller,Vice President STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on August a7*42024, by Bradley E. Miller on behalf of Adler Benchmark LLC, an Idaho limited liability company, in his capacity as. Vice President. Notary Stamp Below Notary Signature My Commission Expires: VIRNA K.MCENTEE NOTARY PUBLIC-STATE OF IDMO COMMISSION NUMBER 202136M MY COMMISSION EXPIRES 84.2027 Water Main Easement Page 2 Version 01/01/2024 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 9-10-2024 Attest by Chris Johnson, City Clerk 9-10-2024 STATE OF IDAHO ) : ss. County of Ada ) This record was acknowledged before me on 9-10-2024 (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: Water Main Easement Page 3 Version 01/01/2024 EXHIBIT A WATER LINE EASEMENT A PORTION OF LOT 2,BLOCK 2 CHEWIE SUBDIVISION SITUATED THE SE`/4 OF SECTION 11 T.3 N.,R. 1 W.,B.M., CITY OF MERIDIAN,ADA COUNTY,IDAHO A 20.00 foot wide easement being a portion of Lot 2,Block 2,of Chewie Subdivision,a recorded subdivision on file in Book 122,at Pages 19282 through 19286,records of Ada County,Idaho,situated in the Southeast'/4 of Section 11,Township 3 North,Range 1 West,Boise Meridian,City of Meridian,Idaho,and being 10.00 feet each side of the following described centerline: Commencing at the northeast comer of said Lot 2; thence along the northerly boundary of said Lot 2 North 89°09'12"West 100.00 feet; thence leaving said northerly boundary of Lot 2 South 0150'48"West 30.00 feet to the southerly boundary of that Sanitary Sewer And Water Line Easement recorded as Instrument Number 2021-173037,records of Ada County,Idaho,and the POINT OF BEGINNING; thence continuing South 0050'48"West 21.00 feet; thence South 89109'12"East 22.00 feet to the POINT OF TERMINUS,comprising 860 square feet,more or less. E N SSA� d= ® in 0 FXID® � C. 668-01.doc Page 1 of 1 - -- - EXHIBIT B WATER LINE EASEMENT A PORTION OF LOT 2 BLOCK 2 CHEWIE SUBDIVISION SITUATED IN THE SE 1/4 OF SECTION 11 T3N R1 W BM CITY OF MERIDIAN, ADA COUNTY, IDAHO N. L 00.00' N 89'09'12" W I i W FRED SMITH LANE (PRIVATE) �T I NOT TO SCALE 20' WIDE SANITARY SEWER I AND WATER LINE EASEMENT INSTRUMENT NUMBER 2021--173037 EASEMENT AREA 860E SF DETAIL NOT TO SCALE ti I z BLOCK 2 20' WIDE EASEMENT 1 I I I ! J I I I W FRANKLIN ROAD I D��OL LAND \ � LAND � LINE TABLE NS a LINE LENGTH BEARING L1 30.00' S 0'50'48" W 1 L2 21.00' S 0'50'48" W IV C. W ELLS e ��/Z� L3 22.00' S 89'09'12" E !� ((( 668 EXHIBIT.DWG