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HomeMy WebLinkAboutApex Northwest Sub. No. 6 Water Main Easement No. 1 ESMT-2024-0178 (2025-001022) Project Name or Subdivision Name: ex Northwest Subdivision No.6 WOL+tr Mtn O + Water Main Easement Number: 1 Identify this Easement by sequential number if the project contains more than one easement of this type.see instructions/checldist for addMonalinformation. ADA COUNTY RECORDER Trent Tripple 2025-001022 BOISE IDAHO Pgs=8 BONNIE OBERBILLIG 01/08/2025 08:04 AM For Internal Use Only ESMT-2024-0178 CITY OF MERIDIAN, IDAHO NO FEE Record umber: WATER MAIN EASEMENT TIES Easement Agreement made this 7th dayof January 20 25 between The David&Kristin Tumbull Family Trust U/T/A August 1,2006 and SCS Investments LLC,("Grantor")and the City ofMeridian, 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 undergroundpipelines to be constructed by others:and VJIEREAS, it win 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 pro (SEE ATTACHED EXHMITS A and 13) e easement hereby granted is for the purpose of construction d 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. UNDERSTOODIT IS EXPRESSLY ,by and between the parties hereto, t after making repairs or performing other maintenance,Grantees 1 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 e area described in this easement that was placed there in violation ofthis easement. THE TOR covenants and agrees that Grantors ll 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 o ,or lie within the boundaries of any Water Main Easement Page 1 Version 01/01/202 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] Water Main 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: r 'ffavid"W. Turnbull, Trustee STATE OF IDAHO ) ss. County of Ada ) On this )v day of December, 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 writt n. t r? A Y CU; Y dNo Public for Ida COMMISSION#29528 My Commission ires �✓� ZD NOTARY PUBLIC STATE I AH Y COMMISSION EXPI SO4/1512029 GRANTOR: SCS INVESTMENTS LLC. an Idaho limited liability company B y:x/-,�' - gLI Michael A. Hall, President STATE OF IDAHO ) ss. County of Ada ) On this 4 day of December, in the year of 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 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 above written. otary Public for Idaho p WIL.SON My Commission expires COMMISSION#67674 NOTARY PUBLIC STATE OF IDAHO GRANTEE: CITY OF MERIDIAN Robert . Simi !imayor 1-7-2025 " CNi,c,�IllIAN4"- Att ' o s` '�Jerk 1-7-2025 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 1-7-2025 (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 C HARLE N E WAY Notary Signature M Commission Ex Tres: 3-28-2028 COMMISSION No. 67390 Y P NOTARY PUBLIC STATE OF IDAHO Water Main Easement Page 3 Version 01/01/2024 i E N G I N E E R I N G November 27,2024 Project No.:24-164 Apex Northwest Subdivision No.6 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 Southeast 1/4 of the Northwest 1/4 of Section 31,Township 3 North, Range 1 East, B.M.,City of Meridian,Ada County,Idaho being more particularly described as follows: Commencing at a 5/8-inch rebar marking the Center 1/4 corner of said Section 31, which bears N89°57'15"E a distance of 1,319.16 feet from a 5/8-inch rebar marking the Southeast corner of Government Lot 2 of said Section 31,thence following the southerly line of said Southeast 1/4 of the Northwest 1/4, S89°57'15"W a distance of 760.48 feet to the POINT OF BEGINNING. Thence following said southerly line,S89'57'15"W a distance of 20.00 feet; Thence leaving said southerly line, N00°02'45"W a distance of 20.00 feet; Thence N89°57'15"E a distance of 20.00 feet; Thence S00°02'45"E a distance of 20.00 feet to the POINT OF BEGINNING. Said parcel contains a total of400 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. � Z S TL' y a ca124590 OF yy�� L. 8a I l•7-7 5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939• kmengllp.com P:\24-164\SURVEY\CAD\EXHIBIT5\24-164 CITY OF MERIDIAN WATER EASEMENT.DWG,CRAIG DRAPER,11/27/2024,DWG TO PDF.PC3,08.5X11 L[PDF] � 1 L7 N 0 M�pm Z A CD O ZZXI CO °'z� ;ID r D ' S. Crystal Creek Ave. v N w N z N (n Z Z •.— ((DD O c000 O _r i'T I N V N z Z O m cn cn 01 0 D rTi Ri � W m O O O Ni D tea O O O n 'O -p 90 - m N O 7 0000 C Un fD O n`'i to CTI L 1 �! I ' vi Qj m o N _ n o I r r) G O O Cr 00 — 1 1." :3 W !ZO o• � z cn N am (AC � (D C tort L -D 0, O r � ti, I () a O I O TI CO m c� -D z p z Z Zoe c c D MZn -0 I 00 XCR m\P� Z O Do m o• O n _n f�D Z� mK z D0 m rn rt O m to 'Z = M m Exhibit B 2 m Z n .. 3 z-0- City of Meridian Water Easement Z O rn - - j, Mon -n z O m o ��9A 3 Apex Northwest Subdivision No. 6 wD Z o SE 1/4 NW 1/4 Section 31,T3N, R1E, BM, City of Meridian,Ada County, ID 0 A A 20.00 nS9°57'I5"e C V O O N O O N O O O O U O N s89°57'15"w 20.00 Title: City of Meridian Water Easement 24-164 771 Date: 11-27-2024 Scale: 1 inch=4 feet File: Deed Plotter.des Tract]- 0.009 Acres: 400 Sq Feet:Closure=n00.0000e 0.00 Feet: Precision>1/999999: Perimeter= 80 Feet 001=s89.5715w 20.00 003=n89.5715e 20.00 002=n00.0245w 20.00 004=s00.0245e 20.00