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HomeMy WebLinkAboutAlamar Subdivision Sanitary Sewer and Water Main Easement No. 2 ESMT-2024-0106 Re-recorded ADA COUNTY RECORDER Trent Tripple 2024-060012 BOISE IDAHO Pgs=8 BONNIE OBERBILLIG 10/24/2024 08:03 AM CITY OF MERIDIAN, IDAHO NO FEE Project Name or Subdivision Name: l wa 'S p a r otn ad fi.J 1e""'p©�'c� y t�1 �� �V E&s e 0a.-zjr Sanitary Sewer&Water Main Easement Number: 02 Identify this Basement by sequential number if the project contains more than one easement of this type.See instructions/checklist for additional information. ADA COUNTY RECORDER Trent Tripple 2024-046599 BOISE IDAHO Pgs=5 VICTORIA BAILEY RE-Record to correct exhibits by omiting CITY OF MERIDIAN, IDAHO 08/22/2024 11:12 AM pages 5 & 6 and replacing with pages 7 & 8 For Intemal Use only ESMT-2024-0107 Record Number: JARY, MRAhQ 3YATER MAE EASEMM THIS Easement Agreement made this 20th day of August 20 24 between h Aid 10: --vel y8 S"frm-e4 - 0, ("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 HCLD, 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 ofno 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 ofany kind. IN WITNESS WHEREOF, the said parties ofthe first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Cc rCc�f a — rt��-�. ►� is C W STATE OF IDAHO ) ) ss County ofAda ) This record was acknowledged before me on _"l s i 202 (date) by Jeffrey Wrede (name of individual), [complete the following ifsigning in a representative capacity, or strike thefollowing ifsigning in an individual capacity] on behalf of_Maraca investments t_t_c (name of entity on behalf of whom record was executed), in the following representative capacity:_Managing Member (type of authority such as officer or trustee) Notary Stamp Below ��111111111111//// ss oz . s s MY C4MMI8&10N = Notary Signature 88-31.2v : Z My Commission Expires:_D - - aka •.�OF ro09. aAl ��'�NNuu18 ��\��� Page 3 Sanitary Sewer and Water ftilp-O ent Version 01/01/2024 GRANTEE: CITY OF MERIDIAN Robert E. Simis ,M yor 8-20-2024 L�' F AT -" Attest by Chris J .,son, ° .erk 8-20-2024 STATE OF IDAHO, ) ss. County of Ada ) 8-20-2024 This record was acknowledged before me on (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&YcWa�' COMMISSION No. 67390 NOTARY PUBLIC Notary Signature 3-28-2028 STATE OF IDAHO My Commission Expires: Page 4 Sanitary Sewer and Water Main Easement Version 01/01/2024 ELSENGEBRITSON LAND SURVEYS, ELLC. 2251 S. Sumac Street, Boise, Idaho 83706 Telephone (208) 859-6032 mike@elsurveys.com 31 July 2024 ELS Project No. 220706—Alamar Subdivision No. 1 EXHIBIT A Temporary Utility Easement A tract of land consisting of two parcels within a portion of Warranty Deed recorded as Instrument No. 2021-084372 within the SE '/of the SW'/of Section 10, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commencing at an aluminum cap monument marking the southeast corner of said SW%from which a found aluminum cap monument marking the southwest corner of said Section 10 bears N 89°15'34"W a distance of 2640.54 feet; Thence along the south of said SW A N 89'15'34"W a distance of 743.12 f point; Thence leaving said sou 00°34'26" E a distance of 591,34 feet to and for convenience called "Point A" from which a foun cap PLS 8793 witness corner be 4"W a distance of 2.00 feet; Thence continuing N 00°34'26" of 187.11 feet to a found cap PLS 8793; Thence N 89°15'34" W a distance of a found #5 b LS 8793; Thence S 00°34'27" W a distance of 6.82 fe Thence N 89°25'33" W a distance of 55.00 feet t EGINNING. Thence continuing N 89°25'33" W a list to a point; Thence S 00034'27" W a distance of Thence N 89°25'33"W a distance t to a Thence N 00°34'27" E a dista feet to a poin , Thence S 89025'33" E a di 00 feet to a point; Thence S 00034'27" W 10.00 feet to the POINT NG. Together with the followin arcel: Commencing at said "P nce N 89'1534" W a distance of 168.80 feet to OF BEGINNING. Thence N 00034'2 ' E a distance of 41.47 feet to a point,- Thence S 89025'33" E a distance of 5.00 feet to a point; Thence S 00034'27" W a distance of 41.48 feet to a point,- Thence N 89"15'34"W a distance of 5,00 feet to the POINT OF BEGINNING. The above-described tract of land is subject to all existing easements and rights-of-way. See Exhibit B attached and made part of. K:1ELSlProjects1202212207061AdminlLegalslMeridian TEMP Utility Easement 012323.doc Page 5 EXHIBIT B CITY OF MERIDIAN - ALAMAR SUBDIVISION PH. 1 TEMPORARY UTILITY EASEMENT L ED IN THE SE 114 OF THE SW 114 OF S N 10 T 3 N, R 1 W, B.M., ADA COUNTY, 10 2024 LEGEND N TS. FOUND ALUMINUM CAP FOUND #5 BAR AS SHOWN FUTURE SET,f5 BAR WITH CAP PL N 0034'27" E • FOUND #4 BAR MTli CAP PLS 8793 39 00'_ ACHD TEMPORARY STROMDRAIN EASEMENT � CALWLAIED PDINT - -.or.,µ y BOUNDARY LINE PH. 1 ALAMAR SUB. ut r Iti -- BOUNDARY LINE PH. 2 ALAMAR SUB. FUTURE LOT LINE PH. i �\ OrrCITY OF MERIDIAN TEMPORARY EASEMENT LINE N. �•�' �/�E• wQ � EASEMENT "HATCHED AREA"' 7EMPORARY CITY OF MERIDIAN r 7 W m!v my ,(o U7ILITY EASEMENT G G 48- 0 S n 3Lr " 3 �3 w Lo r .0 I-_;r N 0042 " E 41.47' It 4148' 004'27" W O Nm GC IrYOMERIDIANTPORARY m EASEMENT W 8793 � , ' N 0034'26"' Er 591.34' o et' N 003426" E 787.11" 1 PLS 6793 :ty z oZ L Oda b ti D ENGEBRITSON LAND SURVEY'S, PLLC_ S 2251 S. SUMAC STREET BOISE, IDAHO 83706 PHONE (208) 859-6032 Mike@elsurveys.com Ls7 a Page 6 Corrected ELSENGEBRITSON LAND SURVEYS, PLLC. 2251 S. Sumac Street, Boise, Idaho 83706 Telephone (208) 859-6032 mike@elsurveys.com 07 October, 2024 ELS Project No. 220706—Alamar Subdivision No. 1 EXHIBIT A Temporary Utility Easement A tract of land consisting of two parcels within a portion of Warranty Deed recorded as Instrument No. 2021-084372 within the SE '/of the SW'/of Section 10, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commencing at an aluminum cap monument marking the southeast corner of said SW'/4 from which a found aluminum cap monument marking the southwest corner of said Section 10 bears N 89°15'34" W a distance of 2640,54 feet; Thence along the southerly line of said SW '/4, N 89°15'34"W a distance of 793.12 feet to a point; Thence leaving said southerly line N 00°34'26" E a distance of 591.34 feet to a point here and for convenience called "Point A" from which a found #5 bar with cap PLS 8793 witness corner bears N 89'15;34"W a distance of 2.00 feet; Thence continuing N 00°34'26" E a distance of 187.11 feet to a found #5 bar with cap PLS 8793; Thence N 89*1534"W a distance of 232.80 feet to a found #5 bar with cap PLS 8793; Thence S 00°34'27" W a distance of 6.82 feet to a point; Thence N 89025'33" W a distance of 55.00 feet to the POINT OF BEGINNING. Thence continuing N 89°25'33"W a distance of 52.00 feet to a point; Thence S 00°34'27" W a distance of 12.48 feet to a point; Thence N 89°25'33"W a distance of 15.00 feet to a point, Thence N 00°34'27" E a distance of 22.48 feet to a point, Thence S 89°25'33" E a distance of 67,00 feet to a point; Thence S 00034'27" W a distance of 10.00 feet to the POINT OF BEGINNING. Together with the following described parcel: Commencing at said "Point A"thence N 89'1534" W a distance of 168.80 feet to the POINT OF BEGINNING. Thence N 00°34'27" E a distance of 41,47 feet to a point; Thence S 89025'33" E a distance of 5.00 feet to a point; Thence S 00034'27" W a distance of 41.48 feet to a point,- Thence N 89°15'34"W a distance of 5.00 feet to the POINT OF BEGINNING. The above-described tract of land is subject to all existing easements and rights-of-way. See Exhibit B attached and made part of. K:1ELSlProjectsl202212207061Admin\LegalslMeridian TEMP Utility Easement 100724.doc Page 7 Corrected EXHIBIT B CITY OF MERIDIAN - ALAMAR SUBDIVISION PH. 1 TEMPORARY UTILITY EASEMENT LOCATED IN THE SE 114 OF THE SW 114 OF SECTION 10 T 3 N, R 1 W, B.M., ADA COUNTY, 1DAHO 2024 LEGEND N TS, FOUND ALUMINUM CAP O FOUND /{5 BAR AS SHOWN FUTURE SET#5 BAR WITH CAP PLS 8793 N 003427" E • FOUND #4 BAR WITH CAP PLS 8793 3$00' ACHD TEMPORARY 51ROMORAIN � CALCULATED POINT �^' = f __ -.oGw � EASEMENT v� m co BOUNDARY LINE PH. 1 ALAMAR SUB. _, ��a? /�h, N N :n BOUNDARY LINE PH. 2 ALAMAR SUB. ao FUTURE LOT LINE PH. 1 CITY OF MER01AN TEMPORARY — EASEMENT LINE N. FEATHER REED AVENUE ��C, -EASEMENT"HATCHED AREA- �,� TEMPORARY CITY OF MERIDIAN �Gr S 00341248 zmti m.N •� UTILITY EASEMENT p G WO r O c•.Oi � L G'L O N yy S 0 38.00' m `� N S 00'342 7 W n 8LOCKI 3 s'+9' PAS S 00 3427" W — _ �i o VI• Nj U I Z�r99 y w Ioo Pr yo .o "I co m I� p N 0034'27" E Qy 'pr 41.4 7' C. U Z 41.48' V o 00'34'27" W� O I C17-Y OF TE1 TEMPORARY Ul EAEMENHAT HED AREA" AI �� 8 71D ' r Q) N 0034'26"E 591.34' LQ� N 003426" E 187_11' PAS e793 L _ w N n ENGEBRlTSON LAND SURVEY'S, PLLC. S 2251 S. SUMAC STREET BOISE, IDAHO 85706 o PHONE (208) 859-6032 Mike gelsurveys.com Page 8