HomeMy WebLinkAboutApex Northwest No. 5 ESMT-2024-0164 ADA COUNTY RECORDER Trent Tripple 2024-068938
Project Name or Subdivision Name: BOISE IDAHO Pgs=8 BONNIE OBERBILLIG 12/04/2024 08:45 AM
CITY OF MERIDIAN, IDAHO NO FEE
Apex Northwest Subdivision No. 5
Sanitary Sewer&Water Main Easement Number:
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 ONESMT-2024-0164
Record Number:
SANITARY SEWER EASEMENT
THIS Easement Agreement made this3rd day of December 20 24 between
The David&Kristen Turnbull Family Trust U/T/A August 1,2006 and SCS Investments 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 ofaccess 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 01/01/2024
GRANTOR: THE DAVID & KRISTIN TURNBULL FAMILY
TRUST U/T/A AUGUST 1, 2006
an Idaho revocable trust
By:
ba-v[d'Vf Turnbull, Trustee
STATE OF IDAHO )
ss.
County of Ada )
On this I✓� day of November, in the year of 2024, before me a Notary Public of said
State, personally appeared David W. Turnbull, known or identified to me to be a Trustee of The
David & Kristin Turnbull Family Trust, the trust that executed the instrument or the person who
executed the instrument on behalf of said trust, and acknowledged to me that such trust 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
My Commission expires
SHARI VAUGHAN
COMMISSION#20181002
NOTARY PUBLIC
STATE OF IDAHO
MY COMMISSION EXPIRES 06/01/2030
GRANTOR: SCS INVESTMENTS LLC
an Idaho limited liability company
Michael A. Hall, President
STATE OF |DAHO )
� ss.
County ofAda )
On this day of in the year before mea Notary Public of
said State, personally appeared Michael A. Hall, known or identified to me to be the President of
SCS Investments LLC, the company that executed the instrument or the person who executed
the instrument on behalf of said company,and acknowledged tome that such company executed
the same.
/N WITNESS WHEREOF, | have hereunto set myhand and affixed my official seal the
day and year in this certificate first above written.
GRANTEE: CITY OF MERIDIAN
Robert ilso M 12-3-2024
� SEAL
Attest by Chiis Johnson, City 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 Cha&ycWo-q
CHARLENE WAY
COMMISSION No. 67390 Notary Signature -28-2028
NOTARY PUBLIC My Commission Expires:
STATE OF IDAHO
Sanitary Sewer Easement Page 3 Version 01/01/2024
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November 2L2024
Apex Northwest Subdivision No.5
Project No.Z3-0B5
Legal Description
City of Meridian Sewer Easement
Exhibit
A parcel of land for o city of Meridian sewer easement situated in portion of the Southeast I/4ofthe
Northwest 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 easterly line of said Southeast 1/4 of the Northwest 1/4, NOO*38'17"E a distance of 28.98
feet to the POINT OPBEGINNING.
Thence leaving said easterly line,N4O"31'33"VVa distance of24.59feet;
Thence N4O"11'34"VVa distance of1O9.3Gfeet;
Thence N68^45'28"VVa distance of2D7.35feet;
Thence S89"S7'15"VVe distance nf2G4.52feet;
Thence S44*57'15"W a distance of 35.36 feet to the easterly line of an existing sewer easement(Instrument
No.2O19'1275O4,records of Ada County,|daho>;
Thence following said easterly line,NO0~OZ'45"VVa distance of78.80feet;
Thence leaving said easterly line,S45"O2'45"Ea distance of3S.36feet;
Thence N8Q~G7'15"Ea distance ofZ68.28feet;
Thence S6D~45'28"Ea distance ofI24.73feet;
Thence S48"11'34^Ea distance of114.3lfeet;
Thence S40*31'33"E a distance of 3.16 feet to the easterly line of said Southeast 1/4 of the Northwest 1/4;
Thence following said easterly line,SOO*38'17"W a distance of 30.39 feet to the POINT OF BEGINNING.
Said description contains total of13,1O8 square feet,more or less,and is subject io any existing easements
and/or rights-of-wayof record orimplied.
Attached hereto is Exhibit B and by this reference io made a part hereof.
L.
5725 North Discovery Way" Boise, Idaho$3713 " 20o.63:.6939° kmengHp.com
CENTER-NORTH 1/16 CORNER
0 100 200 300 SECTION 31
FOUND 5/8" REBAR
Plan Scale: 1" = 100'
EXISTING 25.00' EASEMENT PER
INSTRUMENT No, 2019-127584
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CENTER 1/4 CORNER
5 SECTION 31
LINE TABLE
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L1 N00'38'1 7"E 28,98' E N
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L2 N40'31'33"W 24.69' 0 00
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5725 NORTH DISCOVERY WAY
BOISE,IDAHO 83713
PHONE(208)639-6939 Exhibit B City of Meridian Sewer Easement
kmenglip.com
Apex Northwest Subdivision No, 5
DATE: November 2024
< PROJECT, 22-055
SHEET: A portion of the SE 1/4 of the NW 1/4 of Section 31,
9
1 OF 1 T3N., RlE., B.M., City of Meridian, Ada County, Idaho
o 26s 28
n89°5]'15"e
c ,89°57;15 w
264.52
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Title: Date: 11-13-2024
Scale: 1 inch= 100 feet File:
Tract 1: 0.303 Acres: 13188 Sq Feet:Closure=n51.5728e 0.01 Feet: Precision=1/124879: Perimeter= 1378 Feet
001=n40.3133w 24.69 006=n00.0245w 70.00 011=s40.3133e 3.16
002=n48.1134w 109.35 007=s45.0245e 35.36 012=s00.3817w 30.39
003=n68.4528w 207.35 008=n89.5715e 268.28
004=s89.5715w 264.52 009=s68.4528e 214.73
005=s44.5715w 35.36 010=s48.1134e 114.31