HomeMy WebLinkAboutTM Creek Subdivision Water Main Easement No. 1 ESMT-2024-0167 (2024-071811) ADA COUNTY RECORDER Trent Tripple 2024-071811
BOISE IDAHO Pgs=10 ANGIE STEELE 12/17/2024 04:43 PM
Project Name or Subdivision Name: CITY OF MERIDIAN, IDAHO NO FEE
TM Creek Subdivision
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-2024-0167
Record Number:
WATER MAIN EASEMENT
THIS Easement Agreement made this17th day of December 20 24 between
Watson Land Holdings LLC and TM Cooley 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 of this 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 ofany
Water Main Easement Page I 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 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 thereof against 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]
GRANTOR: Watson Land Holdings LLC
an Idaho limited liability company
By: Brighton Corporation,an Idaho
corporation, a ager
By:
Robe .Phillips, President
STATE OF IDAHO )
:ss.
County of Ada )
On thisc 5 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 Watson Land Holdings LLC,the Company that executed the instrument orthe person
who executed the instrument of 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 by official seal the day and year
in this certificate first written above.
(stamp)
SHARI VAUGHAN
COMMISSION#20181002 Notary Signature
NOTARY PUBLIC My Commission Expires: — 3�
STATE OF IDAHO
MY COMMISSION EXPIRES 06/01/2030
GRANTOR: TM COOLEY LLC
an Idaho limited liability company
By:SCS Ma agement LLC,Manager
By: ,'' /
Michael A. Hall,Presi ent
STATE OF IDAHO j
:ss.
County of Ada )
On this jj day of November, in the year 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 TM Cooley LLC,the Company that executed the instrument or the person who executed
the instrument of 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 by official seal the day and year
in this certificate first written above.
(stamp)
9.
- - - - - - - - - - - -
DONNA WILSON
COMMISSION#67674 Notary Signature
NOTARY PUBLIC My Commission Expires:
STATE OF IDAHO
GRANTEE: CITY OF MERIDIAN
Robert E. Simison,Mayor 12-17-2024
Attest by Chris Johnson, City Clerk 12-17-2024
STATE OF IDAHO, )
: ss.
County of Ada )
This record was acknowledged before me on 12-17-2024 (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
My Commission Expires: 3-28-2028
Water Main Easement Page 3 Version 01/01/2024
E N G I N E E R I N G
November 22, 2024
Project No.: 22-244
TM Creek Subdivision
City of Meridian Water Easement
Legal Description
Exhibit A
A parcel of land for a City of Meridian water easement being a portion of the Northwest 1/4 of
the Northeast 1/4 of Section 14,Township 3 North, Range 1 West, B.M.,City of Meridian,Ada
County, Idaho being more particularly described as follows:
Commencing at an aluminum cap marking the North 1/4 corner of said Section 14,which bears
N00'35'31"E a distance of 2,656.80 feet from an aluminum cap marking the Center 1/4 corner
of said Section 14,thence following the westerly line of said Northwest 1/4 of the Northeast
1/4,S00'35'31"W a distance of 570.27 feet;
Thence leaving said westerly line,S89'24'29"E a distance of 190.37 feet to POINT OF
BEGINNING 1.
Thence N00°35'31"E a distance of 35.00 feet to the boundary of a City of Meridian sewer and
water easement recorded as Instrument No. 2023-039783, records of Ada County, Idaho;
Thence following said boundary, S89°24'29"E a distance of 2.50 feet to a point hereinafter
referred to as Point "A", and the boundary of a City of Meridian sewer and water easement
recorded as Instrument No. 2024-063345,records of Ada County, Idaho;
Thence leaving the boundary of said City of Meridian sewer and water easement recorded as
Instrument No. 2023-039783 and following the boundary of said City of Meridian sewer and
water easement recorded as Instrument No. 2024-063345,S00°35'31"W a distance of 35.00
feet;
Thence leaving said boundary, N89°24'29"W a distance of 2.50 feet to POINT OF BEGINNING 1.
Said parcel contains 88 square feet, more or less.
TOGETHER WITH:
Commencing at a point previously referred to as Point"A",thence following the boundary of said City
of Meridian sewer and water easement recorded as Instrument No. 2023-039783, S89°24'29"E a
distance of 15.00 feet to POINT OF BEGINNING 2.
Thence following said boundary, S89°24'29"E a distance of 2.50 feet;
Thence S00°35'31"W a distance of 35.00 feet;
Thence N89°24'29"W a distance of 2.50 feet to the boundary of said City of Meridian sewer and
water easement recorded as Instrument No. 2024-063345;
Thence following said boundary, N00°35'31"E a distance of 35.00 feet to POINT OF BEGINNING
2.
5725 North Discovery Way• Boise,Idaho 83713• 208.639.6939• kmenglip.com
Said parcel contains 88 square feet, more or less.
Said description contains a total of 176 square feet, more or less,and is subject to all 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
POINT OF COMMENCEMENT
NORTH 1/4 CORNER SECTION 14
FOUND ALUMINUM CAP
W. Franklin Rd.
I
I
I CITY OF MERIDIAN
SEWER AND WATER EASEMENT
PER INSTRUMENT No. 2022-029339
-- - - - - - -- - --- .—. - -
CITY OF MERIDIAN
o I SEWER AND WATER EASEMENT
PER INSTRUMENT No. 2023-039783
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CENTER 1/4 CORNER SECTION 14 SEWER AND WATER EASEMENT
3 --FOUND ALUMINUM CAP PER INSTRUMENT No. 2024-063345
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E N G I N E E R I N G
a 5725 NORTH DISCOVERY WAY
X BOISE.IDAHO 83713
PHONE(20$639.6939 Exhibit B
City of Meridian Water Easement
kmeng O.com
DATE: November 2024
PROJECT: 22.244 --
5 TM Creek Subdivision
SHEET:
1 OF 1 NW 1/4 NE 1/4 Section 14,T3N, R1W, BM, City of Meridian, Ada County, ID
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Title: P0132 City of Meridian Water Easement 22-244 Date: 11-22-2024
Scale: 1 inch=6 feet I File:Deed Plotter.des
Tract 1: 0.002 Acres: 88 Sq Feet:Closure=n00.0000e 0.00 Feet: Precision>1/999999: Perimeter= 75 Feet
001=s89.2429e 2.50 003=n89.2429w 2.50
002=s00.353I w 35.00 004=n00.353I a 35.00
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Title: POB 1 City of Meridian Water Easement 22-244 Date: 11-22-2024
Scale: 1 inch=6 feet I File:Deed Plotter.des
Tract 1: 0.002 Acres: 88 Sq Feet:Closure=n00.0000e 0.00 Feet: Precision>1/999999: Perimeter= 75 Feet
001T00.353le 35.00 003=s00.3531w 35.00
002=s89.2429e 2.50 004=ng9.2429w 2.50