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HomeMy WebLinkAboutMcDermott Village ESMT-2024-0139 Project Name or Subdivision Name-, ADA COUNTY RECORDER Trent Tripple 2024-068946 "McDermott Village" Sewer Easement BOISEIDAHO Pgs=5 ANGIE STEELE 12/04/2024 08:53 AM CITY OF MERIDIAN, IDAHO NO FEE Sanitary Set er&Water Main Easement Number foontify I h,;5 Eamwnvifit bV w1iiemW nunfbei if Pit pro)80 owairif,MoP6 Ift'I'l Une easement of ivils Type See� for ifldo.pn3j5 For Internal Use Only ESMT-2024-0139 Record Number SANITARY SENVER EASEMENT THIS Easerricni Aoreernent made this 3rd N day of December 20 9A between Pacific McDermott Village Apartments LL�_("Grantor")and the City oti'Meridian,an Idaho Municipal (.7orporation ("(3rantce"),- WHEREAS, dic (irantor desires to provitle as sanitary sewer right-of-way across the prennses and property hereinafter particularly bounded and described,- and M,IFREAS, 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 frorn time to tirne by the Grantee-, NOW, THEREFORE. in consideration of the benctits to be received by the Cirantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of- way for an casement fbt the operation and maintenance of sanitaR, sewer over and across the following described property: (,SEE ArrACI-IED EXHIBITS A and B) The casement hereby granted is for the putpose of'constrUvrion and operation of sanitary sewer and allied facilities, together with their maintenance, repair and replacement at (lie convenience of the Grantee,with the free right ofaccess to such facilities al any and all times. TO HAVE AND TO HOLD., the said casernew area right-of-way unto the said Grantee. its successors and assigns forever, H7 IS EXPRESSLY U-NIDERSTOODAND AGREED, by and between the parties hereto, that after niaking repair.,orperfoniiing other maintenance, Grantee shall restore, the area ofthe easenlent and acljjacent property to that existent pTtor 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 casement that\Nvas placed there in violation of this,easernellL THE (JRANTOR covenants and agrees that (3rantor shall not place or allow to be placed any Permanent structures or obstroctions within the easement area that would interfere with (3raritee's- use of said easement. including, but nor limited to, buildings, trash enclOSUres. carports, sheds, fences, trees,or deep-rooted shrubs. Sanitary Sewer Easement Page 1 Version 04,11711.023 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 lawfitily 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 ofany hind. iN WITNESS WHEREOF, the said parties of the first part have liereunto subscribed their siptiatures the day and year first herein above written. GRANTOR: P.XCIFIC MCDERMOTT VILLAGE APARTMENTS,LLC, an Idaho limited liability company By: TPC PPR Holdings II_ I_LC, an Idaho limited liability company, its manager By:TPC MR Holdings II.LLC.an Idaho limited liability STATE OF IDAHO ) company. its manager ss By:Pacific West Communities. Inc..an Idaho County of Ada ) corporation,its m er By: Caleb Roope.President and CEO This record was acknowledged before me on _I0�1l� (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 MCDenlOtl Village Apartments, LLC and acknowledged to me that said limited liability company executed the same. Notary Stamp Below ] 9i tCAT1E CALLEN No{ary ioature I COMMISSION#55899 My Commission Expires: NOTARY PUBLIC STATE OF IDAHO rMYwy- 0-W-V-V-V-'W—COMMISSION EXPIRES 07108i2027 Sanitary Sewer Easement Page 2 Version 01/01 1'2024 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 12-3-2024 Attest by Chris Johnson,City Clerk 12-3-2024 STATE OF IQAHQ, ) : 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 Notary Signature 3-28-2028 My Commission Expires: Sanitary Sewer Easement Page 3 Version 0110I/2024 Kimley ))Horn September 24, 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 1116 Corner common to Sections 32 and Section 5 bears North 89°17'49" West 1,325.58 feet; Thence North 00°30'38" East, a distance of 1,273.52 feet along the section line of Section 32, and North 89°29'22" West, 703.81 feet to a point on the westerly right-of-way line of N. Alameda Creek Ave., said point being the POINT OF BEGINNING of this description, THENCE North 76°19'16"West, a distance of 24.79 feet; THENCE North 89°26'57" West, a distance of 41.63 feet; THENCE South 00°33'03"West, a distance of 25.60 feet; THENCE South 89°26'57" East, a distance of 19.33 feet; THENCE South 76°19'16" East, a distance of 45.05 feet to a point on the westerly right-of-way line of said N. Alameda Creek Ave.; THENCE North 13040'51" East, a distance of 2.41 feet to the beginning of a tangent curve to the left with a radius of 76.50 feet, a central angle of 13°00'14", and a chord bearing and distance of North 07°10'44" East, 17.33 feet; THENCE in a northerly direction, with said tangent curve to the left, an arc distance of 17.36 feet; THENCE North 00'40'37" East, a distance of 10.65 feet; to the POINT OF BEGINNING. Containing 1,849i square feet or 0.0421 acres of land. EXHIBIT "A" fell a LINE TABLE NO I BEARING LENGTH T4N R1W,B M (CP&F 2023.041551) L1 N76-19.16'W 24 79' S1/1 32 33 L2 N69.26-57-W I 41.63' L3 S00'33.03-W 2560' L4 S89-26-57-E 19.33' L5 S76.19-16-E 45.05' L6 N13'40'51'E 2 41' r� L8 N00'40'37•E 10 65' a CURVE TABLE E NO DELTA RADIUS LENGTH CHORD BEARING CHORD I °i C1 13.00'14' 76.50' 17 36' I N07-10.44-E 17.33' N a ry ry c w � - - - - -LZ - - - - — � ` I I I I N89'2722'W 703 81' m I� POBLL w ILL' O I L4 5 - - - - _ C) — — _ L5 _ N 1 ,d N00'30'38'E 1273.52'----,--,� x 0 I I 0 r E 1116 32 32 33 N89'1T49'W 1325, 58 ti 5 (BASIS OF BEARINGS y — — T4N,RIW,BM 5 4 (CPEF 2022.013693) T4N,R1W,B M (CP&F 2022.013694) ,N$�- p� SECTION CORNER SIXTEENTH CORNER cr �o ———— BOUNDARY LINE TIE LINE GRAPHIC SCALE IN FEET Q 9 QPC --------- EASEMENT LINE 0 10 20 40 u OF ———— SECTION LINE NORTH _ RIGHT-OF-WAY LINE Y PROJECT TITLE M HO.: 093969" Kimley)Horn McDERMOTT VILLAGE SUED NO 1 i� SCALE-' -2(T now&=210 EASEMENT EXHI B I T B °" "202' .omm W61MAM SHEET 2 OF 2