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Home My WebLink AboutS. Benchmark Way and W. Cobalt Dr. ESMT-2024-0155 (2024-063341) ADA COUNTY RECORDER Trent Tripple 2024-063341 BOISE IDAHO Pgs=9 BONNIE OBERBILLIG 11/07/2024 08:04 AM CITY OF MERIDIAN, IDAHO NO FEE Project Name or Subdivision Name: S.Benchmark Way and W.Cobalt Dr. Sanitary Sewer&Water Main Easement Number:_3 Identify this Easement by sequential number i€the project contains more than one easement of this type.See instructions/checklist for additional information. For Internal Use Only ESMT-2024-01555 Record Number: SANITARY SEWER AND WATER,MAIN EASEMENT THIS Easement Agreement made this 6th day of November 2024 between SCS Brighton LI LC ("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 I 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. [END OF TEXT; SIGNATURES TO FOLLOW] Sanitary Sewer and Water Main Easement Page 2 Version 01/01/2024 GRANTOR: SCS BRIGHTON LLC an Idaho limited liability company By: Brighton Corporation, an Idaho corporation Manager By: Robert L. hillips, President STATE OF IDAHO ) :ss. County of Ada ) On thisa3r4lay of October, in the yar of 2024, before me a Notary Public os said State, personally appeared Robert L. Phillips, known or identified to me to be the President of Brighton Corporation,the Manager of SCS Brighton LLC,the company that executed the instrument or the person who executed the instrument of behalf of said company and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed by official seal the day and year in the certificate first above written. SHARI VAUGHAN COMMISSION#20181002 NOTARY PUBLIC Notary Public for Idaho STATE OF IDAHO My Commission Expires: (P- I— Q-D?(� MY COMMISSION EXPIRES 06/01/2030 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. 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 01/01/2024 km E N G I N E E R I N G October 24,2023 Project Nos.22-144&22-221 City of Meridian Sewer and Water Easement Legal Description Exhibit A A parcel of land for a City of Meridian Sewer and Water easement situated in a portion of the Northeast 1/4 of the Northwest 1/4 and the Northwest 1/4 of the Northeast 1/4 of Section 14,Township 3 North, Range 1 West,B.M.,City of Meridian,Ada County,Idaho and being more particularly described as follows: Commencing at a found aluminum cap marking the North 1/4 corner of said Section 14,which bears N89°13'12"W a distance of 2,657.79 feet from a found aluminum cap marking the Northeast corner of said Section 14; Thence following the northerly line of said Northwest 1/4 of the Northeast 1/4,S89°13'12"E a distance of 135.58 feet; Thence leaving said northerly line,S00°46'48"W a distance of 1,047.58 feet to POINT OF BEGINNING 1. Thence S60°53'22"E a distance of 10.00 feet to an existing City of Meridian Sewer and Water easement per Instrument No.2023-032540, Records of Ada County,Idaho; Thence following said easement line,S29'06'38"W a distance of 31.00 feet; Thence leaving said easement line,N60°53'22"W a distance of 10.00 feet to a point hereinafter referred to as POINT"A' Thence N29°06'38"E a distance of 31.00 feet to POINT OF BEGINNING 1. Said parcel contains 310 square feet,more or less. TOGETHER WITH: Commencing at the point previously referred to as POINT"A".Thence S66°50'17"W a distance of 408.05 feet to POINT OF BEGINNING 2. Thence S03°17'45"W a distance of 7.00 feet to said existing City of Meridian Sewer and Water easement per Instrument No.2023-032540,Records of Ada County,Idaho; Thence following said easement line,N86°42'15"W a distance of 36.00 feet; Thence leaving said easement line,NO3'17'45"E a distance of 7.00 feet; Thence S86°42'15"E a distance of 36.00 feet to POINT OF BEGINNING 2. Said parcel contains 252 square feet,more or less. 5725 North Discovery Way• Boise, Idaho 83713 • 208.639.6939• kmenglip.com Said description contains a total of 562 square feet,more or less,and is subject to all existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. Z5 a �12459� IV k OF Le B��' /D•2�• �Z`'C PAGE 2 W. Franklin Road 11 BASIS OF BEARING 11 12 N89'13'12"W 2657.79' _ 14 A 135.58' 2522.21' V 14 13 POINT OF COMMENCEMENT NORTHEAST CORNER SECTION 14 M NORTH 1/4 CORNER SECTION 14 ��w O 00 �I;L POINT OF cri BEGINNING 1 �' Ll a ry POINT "A" " i L3 i i POINT OF C;�Q-zf',y -0 Q' BEGINNING 2 o ��o �i¢' s Watson Land Holdings, LLC `��Q? C' Q 'a SCS Brighton, LLC L7— L --L5 &TM Cooley, LLC }��Q _ QJ, �� S1214120900 I L6 I 51214212595 _�`�' O� EXISTING CITY OFQj N MERIDIAN SEWER AND co, R WATER EASEMENT PER INST, No. 2023-032540 Proposed Z — — — —W. Cobalt Dr. a 3 Treasure Valley Investments, LLC. DWT Investments, LLC. S1214233685 o S1214244301 LINE TABLE Z W LINE BEARING DISTANCE a w L1 S60'53'22"E 10.00 a o L2 S29'06'38"W 31.00 Z a 3 L3 N60'53'22"W 10.00 Z L4 N29'06'38"E 31.00 0 100 200 300 a 5 w L5 S3'17'45"W 7.00 Plan Scale: 1"= 100' L6 N86'42'15"W 36.00 r L7 N3'17'45"E 7.00 Ion ENGINEERING L8 S86'42'15"E 36,00 m 5725 NORTH DISCOVERY WAY = BOISE,IDAHO 83713 PHONE(2081639.6939 Exhibit B kmengllp.com City of Meridian Sewer and Water Easement z v=i DATE: October2024 PROJECT: 22-221 U SHEET: Situated in the NE 1/4 of the NW 1/4 and the NW 1/4 of the NE 1/4 of 1 OF 1 Section 14, T.3N., R.1W., B.M., City of Meridian, Ada County, ID a I �1 sGOo JQOp o �P o � 0 ,a ao��o0 �600 !p 2�'w Op Title: POB 1 Date: 10-24-2024 Scale. 1 inch= 10 feet File: Tract 1: 0.007 Acres: 310 Sq Feet:Closure=n00.0000e 0.00 Feet: Precision>1/999999: Perimeter= 82 Feet 001=s60.5322c 10.00 003=n60.5322w 10.00 002=s29.0638w 31.00 004=n29.0638e 31.00 E:=== Title: POB 2 Date: 10-24-2024 Scale: 1 inch= 10 feet File: Tract 1: 0.006 Acres: 252 Sq Feet:Closure=n00.0000e 0.00 Feet: Precision>1/999999: Perimeter= 86 Feet 001=s03.1745w 7.00 003=n03.1745e 7.00 002=n86.4215w 36.00 004=s86.4215e 36.00 Type text