HomeMy WebLinkAboutApex Northwest No. 5 ESMT-2024-0161 ADA COUNTY RECORDER Trent Tripple 2024-068936
Project Name or Subdivision Name: BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 12/04/2024 08:45 AM
Apex Northwest Subdivision No. 5 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 ESMT-2024-0161
Record Number:
WATER MAIN EASEMENT
THIS Easement Agreement made this 3rd day of December 20 24 between
Brighton Apex LLC and SCSH Properties 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 ofno 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,
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: BRIGHTON APEX LLC
jL
Robert L. Phillips,Manager
STATE OF IDAHO )
) ss
County of Ada r
This record was acknowledged before me on_i I Il,3�a0a (date) by �ober I'�f 11,,,,as
(name of individual), [complete the fallowing signing in a representative capacity, or strike
the fallowing ifsigning in an incliviclual capacity] on behalf of l a,n )40tgc aC.._
(name of entity on behalf of whom record was executed), in the following representative
capacity: YVIAaA4 (type of authority such as officer or trustee)
Notary Stamp Below
Notary Signature
My Commission Expires: to - -Q 0 30
SHARI VAUGHAN
COMMISSION#20181002
NOTARY PUBLIC
STATE OF IDAHO
MY COMMISSION EXPIRES 06f01/2030
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GRANTOR: SCSH PROPERTIES LLC,
an Idaho limited liability company
By: SCS Management LLC,
an Idaho limited liability company
Its: Manager
By: 4j .
Michael . Hal,'President
STATE OF IDAHO }
ss.
County of Ada )
On this day of November, in the year of 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 SCSH Properties LLC, the company that executed the
instrument or the person who executed the instrument on 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 above written.
" Notary Public for Idaho
LDONNAWILSONMy Commission expiresMMISSION#67674
OTARY PUBLICTATE OF IDAHO
GRANTEE: CITY OF MERIDIAN
Robe E. Si son, ayor 12-3-2024
cC
SEAL
Attest by Chr Johnso ;` y Clerk 12-3-2024
STATE OF IDAHO, )
. ss.
County of Ada }
This record was acknowledged before me on 12-3-2024 (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
CHARLENE WAY
Notary Signature
COMMISSION No. 67390 My Commission Expires: 3-28-2028
NOTARY PUBLIC
STATE OF IDAHO
Water Main Easement Page 3 Version 01/01/2024
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E N G I N E E R I N G
November 11,2024
Apex Northwest Subdivision No.5
Project No.22-055
Legal Description
City of Meridian Water Easement
Exhibit A
A parcel of land for a city of Meridian water easement situated in a portion of the Northeast 1/4 of the
Southeast 1/4 of Section 31,Township 3 North, Range 1 East, B.M., City of Meridian,Ada County, Idaho
and being more particularly described as follows:
Commencing at a 5/8-inch rebar marking the South 1/16 corner of said Section 31 and Section 32,which bears
S89°52'08"E a distance of 1,310.34 feet from a 5/8-inch rebar marking the Southeast 1/16 corner of said
Section 31,thence following the southerly line of said Northeast 1/4 of the Southeast 1/4,N89°52'08"W a
distance of 1,112.08 feet;
Thence leaving said southerly line, N00°07'52"E a distance of 361.93 feet to the northerly boundary of
proposed Apex Northwest Subdivision No.5 and being the POINT OF BEGINNING.
Thence following said proposed northerly boundary,N47'51'19"W a distance of 20.00 feet;
Thence leaving said proposed northerly boundary,N42'37'56"E a distance of 110.08 feet;
Thence S47°22'04"E a distance of 20.00 feet;
Thence S42°37'56"W a distance of 109.91 feet to the POINT OF BEGINNING.
Said description contains a total of 2,200 square feet,more or less,and is subject to any 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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5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939• kmengllp.com
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0 100 200 300
Plan Scale: 1"= 100'
Brighton Apex, LLC &
SCSH Properties, LLC
S1131417350
S47'22'04"E
20.00'
N42'37'56"E
110.08'�//
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/ —S42'37'56"W
109.91'
N47'51 19"W� 20.00' POINT OF\�
/' BEGINNING
s Apex Northwest
z Subdivision No. 5
(Proposed) _
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SOUTHEAST 1/16 CORNER m POINT OF COMMENCEMENT
3 SECTION 31 I SOUTH 1/16 CORNER
o FOUND 5/8" REBAR PER a SECTIONS 31&32 Ln
a Q FOUND 5/8" REBAR PER I o
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_ _ _ _ _ N89'52'08"W 1112.083' O
S89'52'0�C `1310.34'
BASIS OF BEARING
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E N G I N E E R I N G
m 572 NORTH DISCOVERY WAY ®�
BO ,IDAH08 3713
s PHONEEI2 0809-5939 Exhibit B - City Of Meridian Water Easement
kmengllp.com
Apex Northwest Subdivision No. 5
i
DATE: November2 02 11I
a PROD 6: 22-05 5
11
SHEET: A portion of the NE 1/4 of the SE 1/4 of Section 31,
1 OF 1 T3N., 111E., B.M., City of Meridian, Ada County, Idaho
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Tract 1: 0.051 Acres: 2200 Sq Feet:Closure=n34.2012w 0.00 Feet: Precision>1/999999: Perimeter=260 Feet
001=n47.5119w 20.00 003=s47.2204e 20.00
002=n42.3756e110.08 004=s42.3756w 109.91