HomeMy WebLinkAboutApex Northwest No. 5 ESMT-2024-0163 ADA COUNTY RECORDER Trent Tripple 2024-068937
Project Name or Subdivision Name: BOISE IDAHO Pgs=8 BONNIE OBERBILLIG 12/04/2024 08:45 AM
Apex Northwest Subdivision No. 5 CITY OF MERIDIAN, IDAHO NO FEE
Sanitary Sewer&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-2024-0163
Record Number:
SANITARY SEWER EASEMENT
THIS Easement Agreement made this 3rd day of December 20 24 between
DWT Investments LLC and SCSH Properties, LLC ("Grantor")and the City ofMeridian,an Idaho
Municipal Corporation("Grantee");
WHEREAS,the Grantor desires to provide a sanitary sewer right-of-way across the premises and
property hereinafter particularly bounded and described;and
WHEREAS,the sanitary sewer 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 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
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.
Sanitary Sewer Easement Page 1 Version 01/01/2024
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 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.
[END OF TEXT; SIGNATURES TO FOLLOW]
Sanitary Sewer Easement Page 2 Version 01/0 1/2024
GRANTOR: DWT INVESTMENTS LLC
an Idaho limited liability company
By: Brighton Corporation, an Idaho
corporation, It's r
By:
Robert L. P IlliPresident
STATE OF IDAHO )
:ss.
County of Ada )
On this 116 day of November, 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 DWT Investments 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 written above.
E
RI VAUGHAN Notary Public for IdahSION#20181002 My Commission Expires:ARY PUBLIC
E OF IDAHO
ON EXPIRES 06/01/2030
GRANTOR: SCSH PROPERTIES LLC.
an Idaho |irnibad liability company
By: SCS Management LLC.
an Idaho limited liability company
Its: Manager
By: _A 1;4 14, AV/
Michael A. Hall, President
STATE OF |DAHO \
� ss.
County ofAda )
On this day of November, in the year of 2024 . before meallotary Public of said
State, personally appeared Michael A. Hall, known or identified to me to be the President of SCS
Management LUC, the manager of 8CSH Properties LUC' the company that executed the
instrument or the person who executed the instrument on behalf of said cornpany, and
acknowledged tome that such company executed the same.
IN WITNESS WHEREOF, | have hereunto mot my hand and affixed my official seal the
day and year in this certificate first above written.
GRANTEE: CITY OF MERIDIAN
Robert LK4miso , Ma or 12-3-2024
� ! CUE'
� SEAL
Attest by Ch s Johnson,Eity-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
Sanitary Sewer Easement Page 3 Version 01/01/2024
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November22,2024
Apex Northwest Subdivision No.5
Project No.22-O55
Legal Description
City of Meridian Sewer Easement
Exhibit
A parcel of land for a City of Meridian sewer easement situated in portion of the Southwest 1/4 of the
Northeast 1/4 of Section 31,Township 3 North, Range 1 East, B.M.,City of Meridian, Ada County,Idaho
and being more particularly described asfollows:
Commencing at a 5/8-inch rebar marking the center 1/4 corner of said Section 31,which bears SOO'38'17"W a
distance of 1,333.99 feet from a 5/8-inch rebar marking the Center-North 1/16 corner of said Section 31,
thence following the southerly line of said Southwest 1/4 of the Northeast 1/4,NO9^G7'SG"Ea distance of
25.O8 feet to the POINT C}FBEGINNING.
Thence leaving said southerly line, N40'31'33"W a distance of 38.10 feet to the westerly line of said Southwest
1/4 of the Northeast 1/4;
Thence following said westerly line,NOO^3O'l7"Ee distance of38.39feet;
Thence leaving said westerly line,S40*31'33"E a distance of 78.05 feet to said southerly line of the Southwest
1/4 of the Northeast 1/4;
Thence following said southerly line,S89*57'56"W a distance of 26.30 feet to the POINT OF BEGINNING.
Said description contains a total of 1,162 square feet,more or less,and is subject to any existing easements
and/or rights-ofwayof record orimplied.
Attached hereto is Exhibit B and by this reference is made a part hereof.
OF
13
5725 North Discovery Way" Boise,Idaho 937z3 ~ 2on.s3g.sy3g° kmengUp'cnm
(AN
CENTER—NORTH 1/16 CORNER 0 50 100 150
SECTION 31
FOUND 5/8" REBAR Plan Scale: 1" =50'
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Turnbull Family Trust& ` DWT Investments, LLC
SCS Investments, LLC & SCSH Properties, LLC
S1131244500 51131131675
S40'31'33"E
M N00'38'17"E �78,05'
0 30.39,
g S89'57'56'W
a N40`31'33"W �`�26.30'
02 38.10' /X
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z CENTER 1/4 CORNER BEGINNING \� f�
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w FOUND 5/8" REBAR I 25.08' (TIE)\ i
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Brighton Development
Inc. &SCS Holdings, LLC
S1131427850
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m 5725 NORTH DISCOVERY WAY
W BOISE,IDAHO83713
PHONE(208)639.6939 Exhibit B - City of Meridian Sewer Easement
kmengl 1pxom
Apex Northwest Subdivision No. 5
DATE: November2024
uPROJECT: 22-055
SHEET: A portion of the SW 1/4 of the NE 1/4 of Section 31,
1 OF 1 T3N., 131E., B.M., City of Meridian, Ada County, Idaho
a.
0
s89157'56'W
26.30
Title: —7Date: 11-12-2024
Scale: 1 inch 20 feet File:
Tract 1: 0.027 Acres: 1162 Sq Feet:Closure=s22.4639e 0.01 Feet: Precision=1/27534: Perinieter= 173 Feet
001=n4O.3133w 38.10 003=s4O.3133e 78.05
002=nOO.3817e 30.39 004=s89.5756w 26.30