HomeMy WebLinkAboutApex Northwest No. 5 ESMT-2024-0162 ADA COUNTY RECORDER Trent Tripple 2024-069430
BOISE IDAHO Pgs=10 ANGIE STEELE 12/06/2024 09:42 AM
CITY OF MERIDIAN, IDAHO NO FEE
Project Name or Subdivision Name:
Apex Northwest Subdivision No.5
Sanitary Sewer&Water Main Easement Number: I
Identify this Easement by sequential number if the project contains more than one easement of
this type.See instmctionstchecklist for additional information.
For Internal Use Only ESMT-2024-0162
Record Number:
SANITARY SEWER AND WATER MAIN EASEMENT
THIS Easement Agreement made this 3rd day of December 20 24 between
Brighton Development Inc.and SCS Holdings ELC ("Grantor")and the City ofMeridian,an Idaho
Municipal Corporation("Grantee");
WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way
across the premises and property hereinafter particularly bounded and described; and
WHEREAS, the sanitary sewer and water 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 froth 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 and 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 sanitary
sewer and 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.
T O HAVE AND T O 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 of this
easement.
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THE GRANTOR covenants and agrees that Grantor shall not place or allow to be j
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
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;
i
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 thereof against the lawful claims of all persons j
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 ofthe first part have hereunto subscribed their
signatures the day and year first herein above written.
GRANTOR: BRIGHTON DEVELOPMENT INC.
By!;Jonath n D.Wardle,President
STATF �}F DAHO )
) ss
County of Ada )
This record was acknowledged before me on II (date) by
���gn�1r►an 1`�. UJard(er (name ofindividuaI), [complete the following ifsigning in a
representative capacity, or strike th.efollowing ifsigning in an individual capacity] on
behalf of h, lka 1,ame#& (name of entity,on behalf of whom record was
executed), in floe following representative capacity: t25 iG[ (type of
authority such as officer or trustee)
Notary Stamp Below
315
SHARI VAUGHAN
COMMISSION#20181 002
NOTARY PUBLIC Notary Signature
STATE OF IDAHO My Commission Expires:
[my
COMMISSION EXPIRES 06/01/2030
Sanitary Sewer and Water Main Easement Page 2 Version 01/01/2024
GRANTOR: SCS HOLDINGS LLC
An Idaho li ed liability company
By: ,
M�—
MichaelA. Hall, President
STATE OF IDAHO )
)ss.
County of Ada )
This record was acknowledged before me on 4 November, 2024, by Michael A. Hall,
as President of SCS Holdings LLC, an Idaho limited liability company.
DONNA WILSON
COMMISSION#67674�
NOTARY PUBLIC Notary Public for Idaho
STATE OF IDAHO My Commission Expires: — ��
GRANTEE: CITY OF MERIDIAN
Robert E. Sim(on, ayor 12-3-2024
SEAL.
Attest by Chr Johnso'';° `s�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 BeloNe
CHARLENE WAY
a-u�-
COMMISSION No. 67390
NOTARY PUBLIC
STATE OF IDAHO Notary Signature 3-28-2028
My Commission Expires:
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E N G I N E E R I N G
November 12,2024
Apex Northwest Subdivision No.5
Project No.22-055
Legal Description
City of Meridian Sewer and Water Easement
Exhibit A
A parcel of land for a City of Meridian sewer and water easement situated in a portion of the Northwest
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 Center 1/4 corner ofsaidSection 31,which bears N00°17'55"E a
distance of 1,343.01 feet from an aluminum cap marking the Center-South 1/16 corner of said Section 31,
thence following the northerly line of said Northwest 1/4 of the Southeast 1/4 of Section 31, N89'57'56"E a
distance of 25.08 feet to POINT OF BEGINNING 1.
Thence following said northerly line,N89°57'56"E a distance of 26.30 feet;
Thence leaving said northerly line,S40°31'33"E a distance of 27.80 feet;
Thence 32.96 feet along the arc of a curve to the left,said curve having a radius of 25.00 feet,a delta angle of
75°31'54",a chord bearing of S78`17'30"E and a chord distance of 30.62 feet;
Thence N63°56'33"E a distance of40.23 feet;
Thence S75'01'53"E a distance of 84.38 feet;
Thence S47°51'19"E a distance of 195.41 feet;
Thence N42°08'41"E a distance of 11.00 feet;
Thence S47°51'19"E a distance of 67.00 feet;
Thence N42'08'41"E a distance of 70.00 feet;
Thence N87°08'41"E a distance of60.81 feet;
Thence S47°51'19"E a distance of 256.00 feet;
Thence N42°0841"E a distance of 147.50 feet;.
Thence S47°51'19"E a distance of 37.00 feet;
Thence S42'08'41"W a distance of 120.50 feet;
Thence 42.41 feet along the arc of a curve to the left,said curve having a radius of 27.00 feet,a delta angle of
90°00'00",a chord bearing of S02°51'19"E and a chord distance of38.18 feet;
Thence S47°51'19"E a distance of 81.50 feet;
Thence N42°08'41"E a distance of 17.00 feet;
Thence 547°51'19"E a distance of 30.00 feet to the westerly boundary of proposed Apex Northwest
Subdivision No.5;
Thence following said proposed westerly boundary,S42°0841"W a distance of 37.00 feet;
Thence leaving said proposed westerly boundary,N47°51'19"W a distance of423.22 feet;
Thence S87°0841"W a distance of44.24 feet;
Thence S42°08'41"W a distance of 92.72 feet;
Thence N47°51'19"W a distance of 277.58 feet;
Thence N75°01'53"W a distance of 72.06 feet;
Thence S63°56'33"W a distance of 67.61 feet;
Thence N40°31'33"W a distance of 79.74 feet to POINT OF BEGINNING 1.
Said description contains a total of 27,774 square feet(0.64 Acres),more or less.
5725 North Discovery Way • Boise, Idaho 83713• 208.639.6939• kmengllp.com
TOGETHER WITH
Commencing at an aluminum cap marking the Center-South 1/16 corner of said Section 31,which bears
S00°17'55"W a distance of 1,343.01 feet from a 5/8-inch rebar marking the Center 1/4 corner of said Section
31,thence following the southerly line of said Northwest 1/4 of the Southeast 1/4 of Section 31,S89°53'38"E a
distance of 392.14 feet;
Thence leaving said southerly line,N00°06'22"E a distance of 218.95 feet to POINT OF BEGINNING 2.
Thence N06'59'25"W a distance of 60.00 feet;
Thence 37.57 feet along the arc of a curve to the left,said curve having a radius of 200.00 feet,a delta angle of
10°45'51",a chord bearing of N77°37'39"E and a chord distance of 37.52 feet to the southwesterly boundary
of proposed Apex Northwest Subdivision No.5;
Thence following said proposed southwesterly boundary,S17°45'17"E a distance of 60.00 feet;
Thence leaving said proposed southwesterly boundary,48.85 feet along the arc of a curve to the right,said
curve having a radius of 260.00 feet,a delta angle of 10°45'51",a chord bearing of S77`37'39"W and a chord
distance of48.77 feet to POINT OF BEGINNING 2.
Said description contains a total of 2,593 square feet(0.06 Acres),more or less.
The total of above descriptions contain a total of 30,367 square feet(0.70 Acres), 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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PAGE 2
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PHONE(208)639-6939 Exhibit B - City of Meridian Sewer and Water Easement
kmengllp.com Apex Northwest Subdivision No. 5
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DATE: November 2024
PROJECT: 22-055
SHEET: A portion of the NW 1/4 of the SE 1/4 of Section 31,
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1 OF 2 T3N., 131E., B.M., City of Meridian, Ada County, Idaho
LINE TABLE
LINE BEARING DISTANCE
L1 N89'57'56"E 26.30'
L2 S40'31'33"E 27.80'
L3 N63'56'33"E 40.23'
L4 N42.08-41"E 1 1.00'
L5 S47'51'19"E 67.00'
L6 N42'08'41"E 70.00' CURVE TABLE
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L7 N87'08'41"E 60.81' CURVE RADIUS LENGTH DELTA CHORD BRG CHORD
S L8 S4751'19"E 37.00' Cl 25.00' 32.96' 75'31'54" S78'17'30"E 30.62'
0
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L9 S42'08'41"W 120.50' C2 27.00' 42.41' 90'00'00" S02'51'19"E 38.18'
L10 S47'51'19"E 81.50' C3 200.00' 37.57' 10'45'51" N77'37'39"E 37.52'
L71 N42'08'41"E 17.00' C4 260.00' 48.85' 10-45'51" S77'37'39"W 48.77'
L12 S47'51'19"E 30.00'
Z L13 S87'08'41"W 44.24'
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L14 N75'01'53"W 72.06'
o L15 S63'56'33"W 67.61'
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W L16 N40'31'33"W 79.74'
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L17 S17'45'17"E 60.00'
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PHONE(208)639-6939 Exhibit B - City of Meridian Sewer and Water Easement
kmengllp.com Apex Northwest Subdivision No. 5
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DATE: November2024
1 PROJECT: 22-055
SHEET: A portion of the NW 1/4 of the SE 1/4 of Section 31,
2 OF 2 T3N., R1E., B.M., City of Meridian, Ada County, Idaho
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Title: POB 2 Date: 11-12-2024
Scale: 1 inch=50 feet File:
Tract 1: 0.060 Acres: 2593 Sq Feet:Closure=s77.3738w 0.00 Feet: Precision>1J999999: Perimeter=206 Feet
001=n06.5925w 60.00 003=sl7.4517e 60.00
002:Lt.R=200.00,Delta=10.4551 004:Rt,R=260.00.Deha=10.4551
Bng=07.3739e,Chd=37.52 Bnr=s77.3739w,Chd-48.77