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HomeMy WebLinkAboutPrescott Ridge Sub. No. 1 ESMT-2024-0132 (2024-055448) ADA COUNTY RECORDER Trent Tripple 2024-055448 BOISE IDAHO Pgs=7 ANGIE STEELE 10/03/2024 09:43 AM Project Name or Subdivision Name: CITY OF MERIDIAN, IDAHO NO FEE � Sl l�,I�itSti Il 1. Sanitary Seaver&dater Main Easement Number: s Tdendb thht r iuhrroht by segoen9.ial number if the llrojeet eontaiRN MOne thtav else vacment of this type.See instme ionsrohecklist for additional information, For Internal Use Only ESMT-2024-0132 Record Number: SAMARY A Ill I-MA IS Easement Agreement made this 1st day of October 20 24 between Hubble Homes, LLC ("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 ) 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. r GRANTOR: Hubble Homes, LLC uSi1!l Fdjareu, 4cMwr4rA Arm- STATE OF IDAHO ) ) ss County of Ada ) This record, was acknowledged before me on 4?—IT— '6-2V(date) by u6I G A,4rd5 (name of individual), [complete the following ifsigning in a representative capachy or strike thefollowing ifsigning in an individual capacity] on behalf of k 66]{/ t c G (name of entity an behalf of w,�om r�cord was executed), in the following representative capacity &/A0r/7( y� (type of authority such as officer or trustee) - - Notary Stamp Below PENNY SMITH COMMISSION#23655 NOTARY PUBLIC Nota Si ature STATE OF IDAHO ry MY COMMISSION EXPIRES 02/16/2025 My Commission Expires: -lie-:26 a5 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 My Commission Expires: 3-28-2028 Sanitary-Sewer and Water Main Easement Page 3 Version 01/01/2024 km E N G I N E E R I N G May 10,2024 Project No.21-099 Prescott Ridge Subdivision No.1 City of Meridian Sewer and Water Easement (2022-077598 Extensions) Legal Description Exhibit A Parcels of land for a sewer and water easement being situated in a portion of the Northwest 1/4 and the West 1/2 of the Northeast 1/4 all in Section 28,Township 4 North, Range 1 West, B.M., City of Meridian, Ada County, Idaho being more particularly described as follows: Commencing at an aluminum cap marking the North 1/4 corner of said Section 28,which bears N00°43'55"E a distance of 2,635.29 feet from a 5/8-inch rebar marking the center of said Section 28, thence following the westerly line of the Northeast 1/4 of said Section 28, S00°43'55"W a distance of 1,121.18 feet to a point hereinafter referred to as Point"A"; Thence leaving said westerly line,S72°10'28"W a distance of 27.50 feet to a 1/2-inch rebar; Thence N89°25'31"W a distance of 16.00 feet to POINT OF BEGINNING 1. Thence S00`34'29"W a distance of 30.04 feet; Thence N89°25'31"W a distance of 15.00 feet; Thence N00°34'29"E a distance of 30.04 feet; Thence S89°25'31"E a distance of 15.00 feet to POINT OF BEGINNING 1. Said description contains 451 square feet,more or less. TOGETHER WITH: Commencing at a point previously referred to as Point"A",thence following the westerly line of the Northeast 1/4 of said Section 28,S00°43'55"W a distance of 331.31 feet to a point; Thence leaving said westerly line, N89°16'05"W a distance of 85.51 feet to a 5/8-inch rebar; Thence N57'49'22"W a distance of 17.51 feet to POINT OF BEGINNIING 2. Thence S32°10'38"W a distance of 47.00 feet; Thence N57°49'22"W a distance of 9.50 feet; Thence N32°10'38"E a distance of 47.00 feet; Thence S57'49'22"E a distance of 9.50 feet to POINT OF BEGINNING 2. Said description contains 446 square feet,more or less. Said descriptions contain a total of 897 square feet,more or less,and subject to anyGs�� existing easements and/or rights-of-way of record or implied. 04 Attached hereto is Exhibit B and by this reference is made a part hereof. °y A 12459 C OF 5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939• kmengiip.com ��. W. Chinden Blvd. -�11 POINT OF COMMENCEMENT Zg FOUND ALUMINUM CAP- . - N 1/4 SECTION 28 0 100 200 300 f I Plan Scale: 1"_ 100' COI N_ �I to LINE TABLE -r`', � a LINE BEARING DISTANCE O 0f L1 S72'10'28"W 27.50 POINT "A" I O L2 NB9'25'31"W 16.00 v LS L3 SO'34'29"W 30.04 L2 N oN L4 N89'25'31"W 15.00 E N L6� z O N L5 7NO'34'29"E 30.04 rn L3 L6 S89'25'31"E 15.00 LS 0 L7 N89'16'05"W 85.51 = L4� L8 N57'49'22"W 17.51 EXISTING EASEMENT PER I- N INST. No. 2022-077598 N N L9 S32'10'38"W 47.00 "? L6 z ro it o L10 N57'49'22"W 9.50 `'J m a L11 N32'10'38"E 47.00 -�' w O oL12L �n� 9.50=S57-49'22-E P tt Rid ) Q Subdivision No. 1 b o m o V) z z Z 0 Z L8 W P.O.B. 2 w L12 L9 L7 L11 p 3 W 0 cc L10 M 3 EXISTING EASEMENT PER 00 N INST. No. 2022-077598 s - FOUND 5/8" REBAR C 1/4 SECTION 281 E N G I N E E R I N G O m 5725 NORTH DISCOVERY WAY X BOISE,IDAHO 83713 PHONE(208)639-6939 Exhibit B - City of Meridian Water and Sewer Easement kmengllp.com Prescott Ridge Subdivision No. 1 D vDi DATE: !•a y 2024 u PROJECT: 21-099 SHEET: Situated in the Northwest 1/4 and the West 1/2 of the Northeast 1/4 a 1 OF 1 of Section 28, T4N, R1W, B.M., City of Meridian, Ada County, Idaho I s89°25'3I"e d 3 OcV O 7 O M M O M � M C. O C r nY9— 1'\r 15.00 Title: P.O.B. 1 Date: 05-10-2024 Scale: 1 inch=30 feet File: Tract 1: 0.010 Acres: 451 Sq Feet:Closure=n00.0000e 0.00 Feet: Precision>1/999999: Perimeter= 90 Feet 001=s00.3429w 30.04 003=n00.3429e 30.04 002=n89.2531w 15.00 004=s89.2531e 15.00 J � S Title: Date:P.O.B. 2 e: 05-10-2024 Scale: 1 inch=30 feet File: Tract 1: 0.010 Acres: 446 Sq Feet:Closure=n00.0000e 0.00 Feet: Precision>1/999999: Perimeter=113 Feet 001=s32.1038w 47.00 003=n32.1038e 47.00 002=n57.4922w 9.50 004=s57.4922e 9.50