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Home My WebLink AboutDutch Bros Ten Mile ESMT-2024-0159 (2024-064530) Proiect Name{Subdivisions: Dutch Bros Ten Mile ESMT-2024-0159 ADA COUNTY RECORDER Trent Tripple 2024-064530 BOISE IDAHO Pgs=5 VICTORIA BAILEY 11/13/2024 08:42 AM CITY OF MERIDIAN, IDAHO NO FEE _ TER MAIN EASEMENT THIS Easement A eem. nt, made this12th day of Nov. , 2024 between kml2k and ("Grantors"), and the City of Meridian, an Idaho Municipal orpora ion ("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 shalt 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. 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-ofway and easement hereby granted shall become part of, or lie within the boundaries of any Water Main Easement Page 1 Version 04/17/2023 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. GRANTORS: a--- STATE OF IDAHO ) ss County of Ada ) This record was acknowledged before me on"/01date by 4Y1 (name of individual), [ complete the following If signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of_ (name of entity on behalf of whom record was executed), in the following representative capacity:_4,1 JA— (type of authority such as officer or trustee) (stamp) N o t a r at n A , My Commission Expires:_ � y, CADIE CATHLEEN HISEL Notary Public-State of Idaho Commission Number 20240938 My Commission Expires Mar 11,2030 Water Main Easement Page 2 Version 04/17/2023 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 11-12-2024 Attest by Chris Johnson, City Clerk 11-12-2024 STATE OF IDAHO, ) ss. County of Ada This record was acknowledged before me on November 12, 2024 by Robert E. Simison 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 Version 04/17/2023 Water Main Easement Page 3 JHMH engineering Exhibit `A' Water Line Easement #1 Legal Description A water line easement in a portion of Lot 1, Block Z TM Creek Subdivision No.1, recorded in Ada County as Instrument No. 2016-064805,Situate in the the Northwest 114 of the Northwest 114 of Section 14, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows: COMMENCING at the Northwest corner of Section 14 as described in Corner Record Instrument No. 110073397, from which the West 1/4 corner as described in Corner Record Instrument No. 111022595 bears, South 00°33'33" West, 2658.39 feet, thence South 00°33'33" West, 964.34 feet, thence South 89°26'50" East, 43.77 feet to the easterly right-of-way for S. Ten Mile Road, and the northwest corner of Lot 1 monumented by a 1/2-inch bar with cap PLS7880, thence along the northerly boundary of Lot 1, South 89°26'50" East 181.21 feet to the northeast corner of Lot 1 monumented by a 1/2-inch bar with illegible cap, thence South 00°33'10" West, 187.89 feet to the northerly right-of-way for W. Cobalt Drive, the southeast corner of Lot 1 monumented by a 5/8-inch bar with cap PLS7880 and the POINT OF BEGINNING; Thence along said right-of-way, North 89°58'24" West, 23.50 feet; Thence North 00°33'10" East, 89.00 feet; Thence parallel with said northerly right-of-way, South 89°58'24" East, 23.50 feet to the easterly boundary of Lot 1; Thence South 89°26'50" East, 6.50 feet Thence parallel with and 6.50 feet easterly of the easterly boundary of Lot 1, South 00°33'10" West 89.00 feet; Thence North 89°26'50" West, 6.50 feet to the POINT OF BEGINNING. Containing 2,670 square feet more or less ��P�� rERO G\ \ - Prepared by: o�Ronald M. Hodge, PL ��S J 11/01/2 5 Survey Department Manager aT OPT M ADO 680 S. Progress Ave., Suite#213 • Meridian, Idaho 83642 • Tel: 208-342-7957 • Web: hmh-Ilc.com Equal Opportunity Employer EXHIBITS' 10 11 CP&F Inst. No. 110073397 SURVEYMAP 15 14 PLS5291 Legend 0 0 - Section Corner -Boundary Line B + -Parcel Line :� CO= - Quarter-Section Corner cD o R/W -Right-of-way Line -Found Brass Ca 0 p - Section Line rn 3 ® -Found Aluminum Cap -Tie Line rn 0 -Found 1/2" Rebar fi -Water Easement Area 1 0 -Found 5/8" Rebar co 1 IL -Point Not Set or Found PUIDE -Public Utility,Irrigation, 1 rn &Drainage Easement 0&OZ TM Creek Subdivision No. 1 -Instrument No. 2016-064805 � OInstrument No. 2016-038880 N S89026'50"E [PLS7880] S89026'50"E 357.63' [ILLEGIBLE] 43.77' co Line Table 8L co Line# Direction Length 00 o ti p L1 N89°58'24"W 23.50' 00 C0I L2 N00°33'10"E 89.00, I L3 S89°58'24"E 23.50' p -d L4 S89°58'24"E 6.50' co ct co L5 S00°33'10"W 89.00, 0 O .. L6 N89°58'24"W 6.50' (0 L4 O Lot 1 L3 Lot 2 LAND m 5 5 ;;0 m � �N N �11/01/2024� N Qom// I 03 �0 9TF O F ��P �<" o 3 Sidewalk Easement ]�1 R/W R/W� [PLS7880] ,/ R Point of L6 Beginning 0 40 80 W. Cobalt Drive 14 CP&F Inst. No. 111022595 15 PLS10729 Scale in Feet NOTE:THIS DRAWING IS A VISUAL REFERENCE ONLY. DS.RMH SCALE:1"=40' DATE:10-28-2024 WATER LINE EASEMENT#1 HMH DR.BJF ADA COUNTY, IDAHO SV.RMH SHT.1/1 S21085-Esmt SEC.14,T.3N, RAW, B.M. engineering