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Home My WebLink AboutApex NW Roadway and Pool Project ESMT-2024-0129 (2024-055444) ADA COUNTY RECORDER Trent Tripple 2024-055444 BOISE IDAHO Pgs=5 VICTORIA BAILEY 10/03/2024 09:41 AM CITY OF MERIDIAN, IDAHO NO FEE Project Name or Subdivision Name: Apex NW Roadway&Poo!Project Sanitary Sewer&Water Main Easement Number: 1 Identify this Easement by sequential number ifthe project contains more than one easement of ' this type.See instructions/checklist for additional information. For Internal Use Only ESMT-2024-0129 Record Number: SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement made this 1 St day of October 20 between Smith Brighton Inc. ("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 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: SMITH BRIGHTON INC. V____ By: Robert L. hillips, President STATE OF IDAHO ) ) ss County ofAda ) This record was acknowledged before me on 9/11/2024 (date) by Robert L. Phillips (name of individual), [complete the following ifsigning in a representative capacity, or strike the following ifsigning in an individual capacity) on behalf of Smith Brighton Inc. (name of entity on behalf of whom record was executed), in the following representative capacity: President (type of authority such as officer or trustee) Notary Stamp Below SHARI VAUGHAN COMMISSION#20181002 Notar Signature NOTARY PUBLIC Y $B STATE OF IDAHO My Commission Expires: a03 7 MY COMMISSION EXPIRES 065/01/2030 Sanitary Sewer and Water Main Easement Page 2 Version 01/01/2024 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 10-1-2024 Attest by Chris Johnson, City Clerk 10-1-2024 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 10-1-2024 (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: Sanitary Sewer and Water Main Easement Page 3 Version 01/0 1/2024 Ank km E N G I N E E R I N G September 10,2024 Project No.:24-047 Apex NW Roadway&Pool Project City of Meridian Water&Sewer Easement Legal Description Exhibit A A parcel of land for a City of Meridian Water and Sewer easement being situated in a portion of the East 1/2 of the Southeast 1/4 of Section 31,Township 3 North, Range 1 East, B.M., City of Meridian, Ada County, Idaho being more particularly described as follows: Commencing at the Southeast 1/16th corner of said Section 31 which bears N89°52'08"W a distance of 1,310.34 feet from the South 1/16th corner of said Section 31 and Section 32,thence S22°59'52"E a distance of 36.97 feet to the POINT OF BEGINNING. Thence N00°17'39"E a distance of 122.79 feet; Thence N89*42'21"W a distance of 1.97 feet; Thence N00°16'52"E a distance of 48.24 feet; Thence 231.62 feet along the arc of a curve to the right,said curve having a radius of 317.00 feet,a delta angle of41°51'48",a chord bearing of N21°12'47"E and a chord distance of 226.50 feet; Thence N42°08'41"E a distance of 79.51 feet; Thence S47°51'19"E a distance of 94.00 feet; Thence S42°08'41"W a distance of 79.51 feet; Thence 162.94 feet along the arc of a curve to the left,said curve having a radius of 223.00 feet,a delta angle of 41°51'48",a chord bearing of S21'12'47"W and a chord distance of 159.34 feet; Thence S00°16'52"W a distance of 164.76 feet to the subdivision boundary of Apex Northwest Subdivision No. 2 (Book 124, Pages 19844-19847, records of Ada County, Idaho); Thence following said subdivision boundary the following four(4) courses: 1. N89°42'21"W a distance of 12.51 feet to a 5/8-inch rebar; 2. N36°28'37"W a distance of 5.01 feet to a 5/8-inch rebar; 3. N89°43'08"W a distance of 63.00 feet to a 5/8-inch rebar; 4. S53°03'43"W a distance of 17.02 feet to the POINT OF BEGINNING. Said easement description contains a total of 0.94 acres(41,034 square feet),more or less. Attached hereto is Exhibit B and by this reference is made a part hereof. ti0t�' a a 12459, OF 191 L. 13 q • /0•yOz`F 5725 North Discovery Way• Boise, Idaho 83713 • 208.639.6939• kmengllp.com LINE TABLE LINE BEARING DISTANCE L1 S22'59'52"E 36.97' IN L2 N00'17'39"E 122.79' 0 100 200 300 L3 N89'42'21"W 1.97' Plan Scale: 1"= 100' L4 N89'42'21"W 12.51' L5 N36'28'37"W 5.01' N42'08'41"E 79.51' R L6 N89'43'08"W 63.00' �s�, de"' `9st 79 4' L7 S53'03'43"W 17.02' 00• c,� 7p, / Proposed Apex Northwest / Subdivision No. 5 / /� s42•08'41"w 79.51' Brighton Development, Inc S 1131427850 %�w 70, /4. V Proposed Apex Northwest Subdivision No. 5 N60-1615211E m 48.24' Brighton Development, Inc > POINT OF COMMENCEMENT 3I S1131427850 o SOUTHEAST 1/16 CORNER IC1 SECTION 31 p tZ SOUTH 1/16 CORNER I V) I I I L3 N o SECTIONS 31&32 O U Proposed Apex J Wi IJ Northwest BASIS OF BEARING Q ri, — — Subdivision No. 3 — o — fi N89'52'08"W 1310.34' o Z L1 (TIE) L6 o 1 Proposed E. L5 L4 Crescendo St. POINT OF — — o BEGINNING > E. Crescendo St. z o I Q aApex Northwest N Subdivision No. 2 n 3 CURVE TABLE a w CURVE RADIUS LENGTH DELTA CHORD BRG CHORD a 3 C1 317.00' 231.62' 41'51'48" N21'12'47"E 226.50' 0 E N G I N E E R I N G C2 223.00' 162.94' 41'51'48" S21'12'47"W 159.34' m 5725 NORTH DISCOVERY WAY = BOISE,IDAHO83713 o PHONE(208)639-6939 Exhibit B - City of Meridian Water & Sewer Easement kmengllpaom Apex Northwest Roadway and Pool Project i DATE: September 2024 PROJECT: 24-047 a SHEET: A portion of the East 1/2 of the Southeast 1/4 of Section 31, d 1 OF 1 T3N., R1E., B.M., City of Meridian, Ada County, Idaho