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HomeMy WebLinkAboutFreedom Bagel Bakery ESMT-2024-0153 (2024-063334) Project Name or Subdivision Name: ADA COUNTY RECORDER Trent Tripple 2024-063334 Freedom Bagel Bakery BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 11/07/2024 08:03 AM CITY OF MERIDIAN, IDAHO NO FEE Water Main Easement Number: 1 Identify this Easement by sequential number if the project contains more than one easement of this type.See instructions/checklist for additional information. For Internal Use Only Record Number: ESMT-2024-0153 WATER MAIN EASEMENT THIS Easement Agreement made this 6th_day of November 2024 between River Heights Property Management, 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 property: (SEE ATTACHED EXHIBITS 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 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 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 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: l 4 yL-R L�tWr.S'rRa oL-rVrj F 64A&i.�L-,rr3 U V4 � STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on 1017/'Zo (date)by Vt�w4tjaj� (name of individual), [complete the following If-signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf oa■ i lkrg azs L� ,164MAWKC+r, Ur- (name of entity on behalf of whom record was executed), in the following representative capacity: M aM-v-qW (type of authority such as officer or trustee) Notary Stamp Below /rA,��L ,.tom Notary Signature COMM. #20190949 MAS B My Commission Expires: 0-5/1l7/.15 CO90949 NOTARY PUBLIC STATE OF IDAHO Water Main Easement Page 2 Version 01/01/2024 GRANTEE: CITY OF MERIDIAN RobertE. 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. 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 Water Main Easement Page 3 Version 01/01/2024 km E N G I N E E R I N G September 24, 2024 Project No.24-145 City of Meridian Water Easement Exhibit A A parcel of land for a City of Meridian Water Easement over a portion of Lot 4, Block 2 of Paramount Square Subdivision (Book 109 of Plats,Pages 15586-15588)situated in the Southeast 1/4 of Section 25,Township 4 North, Range 1 West, Boise Meridian,City of Meridian,Ada County, Idaho and being more particularly described as follows: BEGINNING at a found 1/2-inch rebar marking the Southwest corner of said Lot 4,which bears N89°36'40"W a distance of 199.82 feet from a found 1/2-inch rebar marking the Southeast corner of said Lot 4,thence following the boundary of said Lot 4,20.43 feet along the arc of a curve to the right,said curve having a radius of 192.00 feet, a delta angle of 06°05'52",a chord bearing of N12°04'58"E and a chord distance of 20.42 feet; Thence leaving said boundary,S89°36'40"E a distance of 26.68 feet; Thence S00°23'20"W a distance of 20.00 feet to said Lot 4 boundary; Thence following said boundary, N89°36'40"W a distance of 30.82 feet to the POINT OF BEGINNING. Said parcel contains 579 square feet,more or less,and is subject to all existing easements and/or rights-of-way of record or implied. All subdivisions, deeds, records of surveys, and other instruments of record referenced herein are recorded documents of the county in which these described lands are situated. Attached hereto is Exhibit B and by this reference is made a part hereof. \�NpL LAND S \,\C E N SF0 G,pG c CL 0 6 qTF OF H 9/2q/202�( 5725 North Discovery Way • Boise, Idaho 93713 • 208.639.6939 • kmengllp.com / W. Archfield Street o 4-1 i o +� U o / 0 Q M 0 30 60 90 N 72 m Plan Scale: 1" = 30' w aJ U LEGEND v ru 0 m 3 O FOUND 1/2" REBAR `^ u a ❑ CALCULATED POINT o m BOUNDARY LINE W M a ADJACENT BOUNDARY LINE ry CENTERLINE 0 --------EASEMENT LINE ^' z Y 0 _O >- Y m Q, Lot 4, Block 2 � N 41 Q Paramount Square Subdivision u 0 j 4- 0 N Address: 191 W. Archerfield Street 0 0 4 APN: R6905490100 0 3640' "E w a < J-S89'26.68' Owner: River Heights Property Management LLC Q z 0 � DATE: SEPTEMBER,2024 v � S00°23'20"W PROJECT: 24-145 I:: o--20.00' SOUTHEAST CORNER SHEET: M 30.82' 169.00, LOT 4, BLOCK 2 1 OF 1 N g ' N89'36'40"W 199.82' N BASIS OF BEARING m POINT OF BEGINNING I SOUTHWEST CORNER CURVE TABLE LOT 4, BLOCK 2 lam CURVE RADIUS LENGTH DELTA CHORD BRG CHORD I E N G I N E E R I N G 5725 NORTH DISCOVERY WAY C1 192.00' 20.43' 6'05'52" N12°04'58"E 20.42' BOISE,IDAHO 83713 e PHONE(208)639-6939 ` kmengllpxom Title: FDate709-23-2024 Scale: 1 inch= 10 feet File: Deed Plotter.des Tract 1: 0.013 Acres: 579 Sq Feet:Closure=s50.5350e 0.00 Feet: Precision>1/999999: Perimeter= 98 Feet 001:Rt,R=192.00.Delta=06.0552 003=s00.2320w 20.00 Bn�i 12.0458e,Chd=20.42 002=s89.3640e 26.68 004=09.3640w 30.82