HomeMy WebLinkAboutHorsemeadows Subdivsion Water Main Easement No. 1 ESMT-2024-0112 (2024-050342) ADA COUNTY RECORDER Trent Tripple 2024-050342
Project Name or Subdivision Name: BOISE IDAHO Pgs=5 ANGIE STEELE 09/11/2024 09:16 AM
Horsemeadows Subdivision Water Easement CITY OF MERIDIAN, IDAHO NO FEE
Water Main Easement Number: Q1
Identify Otis Easement by sequential number if the protect wntaIns more than one
eosaneeN of this type.See instrutdoWchecld st focatdditipraJ information.
For Internal Use Only ESMT-2024-0112
Record Number:
WATER MAIN EASEMENT
THIS Easement Agreement made this 10th day of September 20 24 between
KB Home Idaho LLC ("Grantor")and the City ofMeridian,an Idaho Municipal
Corporation("Grantee");
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 prop
(SEE ATTACHED EXHMITS 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-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 ENPRESSLY 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
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 thereofagainst 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: KB Home Idaho LLC
STATE OF IDAHO )
) ss
County of Ada )
This record was acknowledged before me on 2,; -'2�[I (date) by Stan Katanic
(name of individual), [complete thefollowing Y signing in a representative capacity, or strike
the following xf signing in an individual capacity] on behalf of KB Home Idaho LLC
(name of entity on behalf of whom record was executed), in the following representative
capacity: Division President {type of authority such as officer or trustee)
Notary Stamp Below
•';'�$� A D�+Px�, otary Signature
Korq�r n� My Commission Expires: 30
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OF,4�,���4,.
Ifive
Water Main Easement Page 2 Version 01/01/2024
GRANTEE: CITY OF MERIDIAN
RobertE. 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
Notaiy Signature 3-28-2028
My Commission Expires:
Water Main Easement Page 3 Version 01/01/2024
Exhibit A
Horse Meadow Subdivision
Water Easement No. 1
August 17, 2024
A portion of the Northwest 1/4 of the Southwest 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 1/4 corner common to Sections 9 and 10, T.3N., R.1 W.,
B.M., from which the Section corner common to Sections 9 and 10, 15, and 16, T.3N.,
RAW., B.M., bears South 0038'55" West, 2653.02 feet; thence South 32004'08" East,
207.73 feet to the POINT OF BEGINNING;
thence 11.02 feet on the arc of a non-tangent curve to the left having a radius
of 23.50 feet, a central angle of 26052'42", and a long chord which bears South
75045'14" East, 10.92 feet;
thence South 89011'35" East, 9.38 feet;
thence South 00048'25" West, 7.00 feet;
thence North 89011'35" West, 20.00 feet;
thence North 00048'25" East, 9.54 feet to the POINT OF BEGINNING.
Containing 149 square feet, more or less.
End of Description.
Page 1 of 1
Exhibit B
Horse Meadow Subdivision
Water Easement No. 1
1/4 W. Pine Ave.
S.9 S.10
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48.0'
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cV Point of L1
In p Beginning
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48.0'
i
25' Line Table
Line Bearing Length ,d AL LA
Lt S89'11'35"E 9.38' S 4�CENS
S.9 S.10 L2 S00'4825'W 7.00'
11779
S.16 S.15 L3 N89'11'35"W 20.00' JJ
L4 I N00'48'25"E 9.54' 0. 9>.4s� of SOP
�4f McCA►�'�
Curve Table
Curve Length Radius Delta Chord Bearing Chord Length N Scale: 1"=80'
C1 11.02' 23.50' 26'52'42" S75-45-14"E 10.92' 0 20 40 80 160
P;\HWu 4aodaus Sub,3-335Ndwg\rOU H2O mhaiid" 4/17/y02i e0:31:35 NI
DAHO Exhibit B Job No.
SURVEY 9W5 W.EMERALD ST. Water Easement 23-335
eDISF—IDAHOB3M4 Sheet No.
(208)816-8570 Horse Meadows Subdivision 1
GROUP, LLC A portion of the NWI/4 of the SWi/4 of Section 10. Dwg. Date
— -- Uhl, R.M. B.M., City of Meridian, Ada County, Idaho 8/17/2024