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HomeMy WebLinkAboutSagarra Subdivision No. 2 ESMT-2024-0151 (2024-063342) ADA COUNTY RECORDER Trent Tripple 2024-063342 BOISE IDAHO Pgs=8 VICTORIA BAILEY 11/07/2024 08:04 AM CITY OF MERIDIAN, IDAHO NO FEE Sagarra Subdivision No. 2 Sanitary Sewer and Water Main Easement No. 3 ESMT-2024-0151 SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made this 6th day of November 24 between ("Grantor") and the City of Meridian,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. TO HAVE AND TO 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 I Version 04/17/2023 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 he 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: Sagarra 139, LLC By: Matt Villalobos, Manager STATE OF IDAHO ) ) ss County of Ada ) ` This record was owledged before me on (date) by Matt Villalobos (n a of individual), [complete the following if signing in a representative capacity, or stri the following if signing in an individual capacity] on behalf of Sagarra 139, LLC (name of entity on behalf of whom record was executed), in the following representa 've capacity: Manager (type of authority such as officer or trustee) (sip) �tlN Notary Signature My Commission Expires: 2023 Sanitary Sewer and Water Main Easement Page 2 Version 04/17/ CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of Califor ' 1 County of J} On �2 i �2 before me, Date Here Inse7fil me and Title of the Officer r personally appeared No (S)of Sign r(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/arm subscribed to the within instrument and acknowledged to me that he/sheftfrey executed the same in his/hQ;A4emif authorized capacity(ies), and that by his/hefA+t@tr signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing MA RY GiNAATIENZA-BOLTON paragraph is true and correct. Notary Public-Ca{ifornia s San Diego County WITNESS my h nd a official seal. r Commission#2483020 •�Fo• My Comm.Expires Feb 26,2028 Signature Place Notary Seal and/or Stamp Above ignature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent chment of this form to an uninten ed document. Description of Attached ent Title or Type of Document: Document Date: 22 ZOO.¢ VV Number of Pages: _ Signer(s) Other Than Named Above: Capacity(ies) Cla• ed by S g r(s) Signer's Name: / p5Signer's Name: ❑ Corporate O i er— Title(s): ❑ Corporate Officer—Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ neral ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ ardian or Conservator ❑ Trustee ❑ Guardian or Conservator �ther: LG ❑ Other: Signer is epresenting: / Sign is Representing: ©2019 National Notary Association GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 11-6-2024 Attest by Chris Johnson,City Clerk 11-6-2024 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 11-6-2024 (date) by Robert E. S i m i s o n and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,respectively. (stamp) Notary Signature My Commission Expires: 3-28-2028 Sanitary Sewer and Water Main Easement Page 3 Version 04/17/2023 EXHIBIT A SAGARRA SUBDIVISION NO. 2 WATER AND SEWER EASEMENT#3 A water and sewer easement located in Lot 1, Block 3 of Linder Village Subdivision and for the proposed Sagarra Subdivision No. 2 and lying in the NW 1/4 of Section 25,Township 4 North, Range 1 West, Boise Meridian,Ada County, Idaho, said parcel being more particularly described as follows: Commencing at an aluminum cap being the northwest corner of said Section 25;thence 5.89°22'30"E. a distance of 1963.52 feet along the north line of said Section 25 to a point; thence 5.00'37'30"W. a distance of 1165.94 feet to a point,said point also being the POINT OF BEGINNING; Thence N.06"03'55"E. a distance of 161.41 feet to a point; Thence 5.86°56'05"E. a distance of 118.34 feet to a point; Thence N.58"49'16"E. a distance of 23.04 feet to a point; Thence N.52"04'31"E. a distance of 123.19 feet to a point; Thence N.45'42'09"E. a distance of 276.13 feet to a point; Thence N.70'41'53"E, a distance of 62.11 feet to a point; Thence 5.66°57'57"E. a distance of 21.71 feet to a point; Thence along a non-tangent curve to the left a distance of 20.08 feet,said curve having a radius of 73.50 feet, a delta of 15°39'23", and a chord bearing 5.20°21'42"W. a distance of 20.02 feet to a point; Thence N.66'57'57"W. a distance of 14.90 feet to a point; Thence 5.70"41'53"W. a distance of 26.26 feet to a point; Thence 5.45"42'09"W. a distance of 113.49 feet to a point; Thence 5.43"57'17"E. a distance of 14.34 feet to a point; L Thence 5.46"02'43"W. a distance of 12.04 feet to a point; � 15758 `o 6 Thence N.44`17'51"W. a distance 14.27 feet to a point; Ia-u Thence 5.45°42'09"W. a distance of 77.95 feet to a point; OF tv�QO '9jr�. HOMP Thence 5.44'17'51"E. a distance of 14.25 feet to a point; Thence 5.45"42'09"W. a distance of 30.00 feet to a point; Thence N.44'17'51"W. a distance of 14.25 feet to a point; Thence 5.45'42'09"W. a distance of 61.25 feet to a point; Thence 5.52"04'31"W. a distance 68.96 feet to a point; Thence 5.37'51'53"E. a distance of 16.94 feet to a point; Thence 5.52`04'31"W. a distance of 26.00 feet to a point; Thence N.37°51'53"W. a distance of 16.93 feet to a point; Thence 5.52'04'31"W. a distance of 40.32 feet to a point; Thence along a non-tangent curve to the right a distance of 26.55 feet, said curve having a radius of 55.00 feet, a delta of 27"39'41", and a chord bearing 5.65`54'22"W. a distance of 26.30 feet to a point; Thence 5.03°03'55"W. a distance of 15.44 feet to a point; Thence N.86'56'05"W. a distance of 15.00 feet to a point; Thence N.03"03'55"E. a distance of 13.95 feet to a point; Thence N.86°56'05"W. a distance of 82.33 feet to a point; Thence 5.06'03'55"W. a distance of 9.70 feet to a point; Thence 5.83"55'52"E. a distance of 14.06 feet to a point; Thence 5.06'04'08"W. a distance of 20.00 feet to a point; Thence N.83"55'52"W. a distance of 14.05 feet to a point; Thence 5.06"03'55"W. a distance of 71.21 feet to a point; Thence 5.00"37'59"W. a distance of 29.05 feet to a point; Thence N.89"22'01"W. a distance of 32.90 feet to a point also being the POINT OF BEGINNING. Said parcel contains 0.54 acres, more or less, and is subject to all existing easements and right- of-ways of record or implied. EXHIBIT B SAGARRA SUBDIVISION NO. 2 WATER AND SEWER EASEMENT #3 EXHIBIT DRAIMNG SHCAMIN A WATER AND SEWER EASEMENT FOR SACARRA SUBDIVISION NO. 2 LYING IN W1E NW 1/4 OF SECTION 2S, T.4N., RAW.. B.M., ADA COUNTY, IDAHO. 2023. CR 017-072470 W. CHINDEN BL619. CR 2017-072469 23 24 569]Ypo4 266P.54 N 1/4 SEC. 25 26 2152' I[(:LNI1 SECTGN LINE / / (D - BOONOAPT ONE / CENTER LINE RIGHT-OF-WAY LINE / O ryjp 41 g3 L,qh LOT UNE 61JG — — — EASUENT ALA ALVNIHOM CAP p� A CALCULATED / POINT-NOT SET N f ORONTN U E Q/ LOT NVNBER / b ay 3 6 5 RR �1d 5ti�9 p- sEb'S6'O5'E H6Da' BLOCK 5 V f Lz0 U. FJ O au6 • +e Lzz� 0 / OS INpq I ® W. DIRECTOR LN. (PRIVATE) T.21 — — O �' Ih s U.. O NBP'2Y •W W. MALBAR ST. In GRAPHIC SCALE 15758 a W so 10] 2. d �0_11 2H� p J, pDN► J.J. HOWARD 12/115/2J DEAR D GI . SAGARRA SUBDIVISION No. 3 -- ----AML WMII Rh. NG I" _ mo' cls -- WATER AND SEWER EASEMENT - EXHIBIT 8 EXHIBIT B SAGARRA SUBDIVISION NO. 2 WATER AND SEWER EASEMENT #3 MINT DRAWNG MONNO A WATER MID SEWER EASEMENT FOR SACARRA SUMMON NO. 2 LWNG IN THE NW 1/4 OF SEMN 25. TAN.. RAW.. B.M.. AGA COLNTY. IDAND. 2023. Parcel Line Table Curve Table LM Y L9n991 DYWc w Gurw # L 9M ROEW9 D9Nc ItlIOFE DlrecD9n CM1mE Ixn9tA 0 ..W 11 0 49'IB'F L1 NI.OB' ]].•A' IS'39'w Sap'31 12'WI R ov 13 21.H . 51'STE Ct p0.05' SS.W' 3T]9'%' S05'N.]]N am U I,w Nfi0'..STW L4 M.N. S]P.1'SPW LS 14.]( e. 5Y"I LS 120P NW OY U•W L] 1,V .IT 51•W 111 IA25' SN'I"WE IB ]LLw m Or OYW LIO 14.W W ll'51•W ul t0.w 5}r 51'A4 L12 2LW' ssz W'St'W u] Ie93' Nn'51'We u4 40.R' ssr M'n^x LIS IW 55'05'SS'W L10 1SW N.'Y'W^W LI] 9.95' x]'ON SSE LIB 02]S Nee'W F LIB O.]O' NO 0 55•N LZII 1�W' SBJ 55'WE 1]I zO.ON 50'W'W'x L2z 1aw x81'S5•sx•W Lu 20A5' Sp'S]'S9b J.J. HOWARD 12/13/2] �/I\ ® / D z 2 SAGARRA SUBDIVISION No. 3 -- SGVF CL Nts T: I-- -M Ip. a ---- WATER AND SEWER EASEMENT — EXHIBIT 8