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HomeMy WebLinkAboutMcDermott Village ESMT-2024-0144 Project Narrae or Subdivision Name: ADA COUNTY RECORDER Trent Tripple 2024-068944 WcDerialratt Village"Water Easement BOISE IDAHO Pgs=5 ANGIE STEELE 12/04/2024 08:52 AM CITY OF MERIDIAN, IDAHO NO FEE Water Main Easement Number' 4 rh.ty Ps a Fate maw L.p,SP"gwe s,i no mop"it h;"Mill �`�+rft:�frs,r�rew�,,r�9Pr�:srw v�5t�.. eat'eff+rwt of 01's CVpe sea. t;,L ua„t rt 'dye.nH a"ar arrdt4Es.n a7 inFearr a iwi For traterra t Use Only ESMT-2024-0144 Record t^>ttamber; WATER MAIN EASEMENT THIS Easement Agreement rrtadta this � day to �.A .� �;0 between Pacific McDermott Village Apartments Lt. ("Grantor")and the City a l'Me idiart,an Idaho Municipal fiogioraation("Giraratee"a)ro `HERrA ,.the, Grantor desires to brat de as water main right-of-way acros+ the larell'ai c dead property hereinafter particularly bounded and described, and' WHEREAS , tfie water main is to be provided fear dare Ugh underground pipelines to be constructed by others,and WHEREAS, it will be necessary to maintain and smice said pipelines from fames to time the W, THEREFORE, in consideration of the benefits to be received by tile Grantor, and other good and valuable consideration, the Grantor,does hereby give, grant and convey crates the Grantee the right- of-way for an easement for the operation and maintenance of water retains over—and across the folloNvina described d property: The easement hereby granted is lot, tlac purpose of¶constraaction and open Lion of water mains and their dallied facilities,together with their maintenance,repair and replacement at the convenience of'the Grantee. avith the tree right of"access to sttcla facilities at any and all tinier. TO HAVE AND TO HOLD the said caas rraaartt and right-of�way unto the sand Grantee, its successors and assures forever. T IS 1 RESSI-Y UNDERSTOOD AND i EER by and between ffie partl s hereto, that after makang repatiraa or perf'oniiing other maintenance,Grantee shall restore the aarw as of the easement and a(tiacent property to that existent prior to t rtdcrtatltirtgt such repairs and maintenance- However, Grantee shall not be responsible Rar repairing replacing or restoringanything placed ivithira the area described in this easement that was placed there in violation ofpthis easement, f`i•HE GRANTOR TOR covenants and agrees that Grantor shall not place or allow to be placed any p ria aanent structures or obstructions within the easement area tf°aat would interfere witTa Grantee's use cat'said easement, incltadirw, but not limited to, buildings, trash enclosures, caatports. sheds fences,trees, or deep-rooted shrubs, THE GRANTOR covenants and agrees with the lir antee that should any part,of the right-of-way and easement hereby g anted shall become part of: or lie Nvithirr the boundaries of"any Water Main Easement eat Page l; Version tt l 2tf? 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 thereofagainst the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigi is, 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: PACIFIC MCDERNIOTT VILLAGE APARTMENTS, LLC, an Idaho limited liability company By: TPC PPR Holdings II.LLC.an Idaho limited liability company.its manager By: TPC AIR Holdings II. LLC.an Idaho limited liability STATE OF IDAHO ) company, its manager ss By:Pacific NVest Corm unities.Inc..an Idaho County of Ada ) corporation, its inan r By: Caleb Roope,President and CEO This record was acknowledged before me on_t0 Ift _(date) by Caleb Roope, President and CEO of Pacific West Communities, Inc., an Idaho corporation, the Manager of TPC MR Holdings II, LLC, an Idaho limited liability company, the Manager of TPC PPR Holdings II, LLC, an Idaho limited liability company, the Manager of Pacific McDermott Village Apartments, LLC, an Idaho limited liability company, the person who executed the instrument on behalf of Pacific McDermott Village Apartments, LLC and acknowledged to me that said limited liability company executed the same. Nct3ry Stamp Below M1 Notary 6igm ture TIE C ALLEN My Commission Expires: COtAMISSI ON 1t65899 NOTARY PUBLICS STATE OF IDAHO ItAY COMMISSION EXPIRES LS �10 '0027 Water Main Easement Page 2 Version 01,01/2024 GR,ANTFF: CITY OF WRIDIAN (2k Robert F. Binds"VaYor 12-3-2024 SEAL Attest bvd,T-isjo1ii .�n"�City(I'lei-k 12-3-2024 STATE OF IDAHO. ) : SS. COL1111V of Ada ,This record was acknowledged before me can 12-3-2024 (date) by Robert E. Simisoll and Clips Jolinson on befall'cif the City of Meridian, in their capacities as Mayor and City Clerk, respectively. [: Hf it-,", Cha&ycWM CHARLENE WAY Notary-S41MMire G, 3-28-2028 COMMISSION No. 67390 My Comi-i-iission Expires: NOTARY PUBLIC STATE OF IDAHO Waier Main Easement Page 3 Version 0 1 0 1 '2024 Easement Description A parcel of land being located in the Southeast Quarter of Section 32, Township 4 North, Range 1 West,Boise Meridian, Ada County,Idaho, being more particularly described as follows: Commencing at the Southeast Corner of Section 32, Township 4 North, Range 1 West, Boise Meridian, Ada County,Idaho from which the East 1/16 Corner common to Sections 32 and Section 5 bears North 89°17'49"West 1,325.68 feet; Thence North 00°30'38" East, a distance of 428.37 feet along the section line of Section 32, and North 89°29'22"West, 1,105.21 feet to a point on the southerly right-of-way line of W. Endeavor St.,said point being the POINT OF BEGINNING of this description, THENCE South 00°33'19"West, a distance of 22.43 feet; THENCE North 89°26'41" West,a distance of 20.00 feet; THENCE North 00°33'19" East, a distance of 22.49 feet to a point on the southerly right-of-way line of W. Endeavor St.; THENCE South 89017'13" East,a distance of 20.00 feet to the POINT OF BEGINNING, Containing 449 square feet or 0.010 acres of land. EXHIBIT "A" 74N RlW,B M LINE TABLE (CP&F 2023-041551) S V16 32 NO BEARING LENGTH aL33 L26 S00'33'19'W 22 43' L27 N89-26-4 1-W 20 00- L28 N00-33-19-E 2.2.49' L29 s89-1-r13-E 2000' E N89'29'22W 1105.21' L29 uj (n POE) co 6 L — — — — — L27 0 N00'30'38'E 4 28 37' E 1116 32 —N89'17'49-W1325.58 32J33 5 (BASIS OF BEARING) Lm 5 4 TAIN,RIW,B.M. (CP&F 2022.013693) T4N,RIW,8 M (CP&F 2022-013694) SECTION CORNER SIXTEENTH CORNER ?o BOUNDARY LINE TIE LINE GRAPHIC SCALE IN FEET --------- EASEMENT LINE 0 10 20 40 SECTION LINE NORTH RIGHT-OF-WAY LINE PROJECT '-TITLE r , KimlevMorn McDERMOTT VILLAGE SUBD NO I SCAU- tm fa b"mw DATE- S=210 EASEMENT EXHIBIT "B - IIW K" um WET: pIiiim 0."wp� SHEET OF2)