HomeMy WebLinkAboutTM Creek Subdivision #7 ESMT-2024-0156 (2024-063345) ADA COUNTY RECORDER Trent Tripple 2024-063345
BOISE IDAHO Pgs=8 VICTORIA BAILEY 11/07/2024 08:04 AM
CITY OF MERIDIAN, IDAHO NO FEE
Project Name or Subdivision Name:
TM Creek Subdivision#7
Sanitary Sewer&Water Main Easement Number: 2
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 Ilse only ESMT-2024-0156
Record Number:
SANITARY SEWER AND WATER MAIN EASEMENT
THIS Easement Agreement made this 6th day of November 2024 between
Watson Land Holdings LLC&TM Cooley 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 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 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 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.
[END OF TEXT; SIGNATURES TO FOLLOW]
Sanitary Sewer and Water Main Easement Page 2 Version 01/01/2024
GRANTOR: Watson Land Holdings LLC
an Idaho limited liability company
By: Brighton Corporation, an Idaho
corporation, Mane er
By:
Robert L. Phillips, President
STATE OF IDAHO )
:ss.
County of Ada )
On this 91 day of October, in the year 2024, before me a Notary Public of said State,
personally appeared Robert L. Phillips, known or identified to me to be the President of Brighton
Corporation,the Manager of Watson Land Holdings 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 my official seal the day and year
in this certificate first written above.
(stamp)
Notary Signature
FSHARI vAUGHAN My Commission Expires:
MYCCOOMIV�
MISSION#20181002
NOTARY PUBLIC
TATE OF IDAHO
ISSION EXPIRES 06/01/2030
GRANTOR: TM COOLEY LLC
an Idaho limited liability company
By:SCS Management LLC, Manager
By: �1
Michael A.Hall,President
STATE OF IDAHO )
:ss.
County of Ada )
On this /—7 day of October, in the year 2024,before me a Notary Public of said State,
personally appeared Michael A.Hall,known or identified to me to be the President of SCS
Management LLC,the Manager of TM Cooley LLC,the Companythat executed the instrument orthe
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 my official seal the day and year
in this certificate first written above.
(stamp)
Notary Signature
My Commission Expires: �(�
DONNA WILSON
COMMISSION 467674
NOTARY PUBLIC
STATE OF IDAHO
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 )
11-6-2024
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
Notary Signature 3-28-2028
My Commission Expires:
Sanitary Sewer and Water Main Easement Page 3 Version 0 1/0 1/2024
kl
E N G I N E E R I N G
October 16,2024
Project No.:22-244
TM Creek Subdivision
City of Meridian Sewer and Water Easement
Legal Description
Exhibit A
Parcels of land for a sewer and water easement situated portions of the North 1/2 of Section 14,
Township 3 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 14,which bears
N00°35'31"E a distance of 2,656.80 feet from an aluminum cap marking the Center 1/4 corner of said
Section 14,thence following the easterly line of said Northeast 1/4 of the Northwest 1/4,S00'35'31"W a
distance of 293.83 feet to a point hereinafter referred to as POINT A;
Thence leaving said easterly Fine, N89°24'29"W a distance of 319.86 feet to POINT OF BEGINNING 1.
Thence N89°26'19"W a distance of 20.00 feet;
Thence N00'33'41"E a distance of 38.00 feet;
Thence S89`26'19"E a distance of 20.00 feet;
Thence S00°33'41"W a distance of 38.00 feet to POINT OF BEGINNING 1.
Said parcel contains 760 square feet, more or less.
TOGETHER WITH:
Commencing at a point previously referred to as POINT A,thence following the easterly line of said
Northeast 1/4 of the Northwest 1/4,S00°35'31"W a distance of 134.48 feet to a point hereinafter
referred to as POINT B;
Thence leaving said easterly line, N89°24'29"W a distance of 37.78 feet to POINT OF BEGINNING 2.
Thence S45°35'31"W a distance of 5.00 feet to a point hereinafter referred to as POINT C;
Thence N44°24'29"W a distance of 21.50 feet;
Thence N45°35'31"E a distance of 5.00 feet;
Thence S44°24'29"E a distance of 21.50 feet to POINT OF BEGINNING 2.
Said parcel contains 108 square feet, more or less.
TOGETHER WITH:
Commencing at a point previously referred to as POINT C,thence S45°35'31"W a distance of 10.00 feet
to POINT OF BEGINNING 3.
Thence S45'3S'31"W a distance of 5.00 feet;
Thence N44°24'29"W a distance of 21.50 feet;
Thence N45'35'31"E a distance of 5.00 feet;
Thence S44`24'29"E a distance of 21.50 feet to POINT OF BEGINNING 3.
5725 North Discovery Way • Boise,Idaho 83713• 208.639.6939• kmenglip.com
Said parcel contains 108 square feet, more or less.
TOGETHER WITH:
Commencing at a point previously referred to as POINT B,thence following the easterly line of said
Northeast 1/4 of the Northwest 1/4,S00035'31,"W a distance of 141.96 feet;
Thence leaving said easterly line,S'89°24'29"E a distance of 192.87 feet to POINT OF BEGINNING 4.
Thence N00°35'31"E a distance of 35.00 feet;
Thence S89°24'29"E a distance of 15.00 feet;
Thence S00°35'31"W a distance of 35.00 feet;
Thence N89024'29"W a distance of 15.00 feet to POINT OF BEGINNING 4.
Said parcel contains 525 square feet, more or less.
Said description contains a total of 1,501 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.
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