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HomeMy WebLinkAboutHoiday Inn Express ESMT-2023-0093 (2025-004285) Project Name(Subdivision): Holiday Inn Express Sanitary Sewer&Water Main Easement Number: ADA COUNTY RECORDER Trent Tripple 2025-004285 ESMT-2023-0093 BOISE IDAHO Pgs=6 VICTORIA BAILEY 01/22/2025 03:15 PM Identify this Easement by sequential number if Project contains CITY OF MERIDIAN, IDAHO NO FEE more than one easement of this type. (See Instructions for additional information). SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made this21stday of January 20 25 between Hotel Developers-Meridian Hix,LLC ("Grantor") and the City of Meridian, 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 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 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. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's 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. Sanitary Sewer and Water Main Easement REV.01/01/2020 THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. 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 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. GRANTOR: Hotel Developers-Meridian HIX, LLC STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on d c /z 3 (date) by Rusty Landon (name of individual), [complete the following if signing in a representative capacity, or strife the following if signing in an individual capacity] on behalf of Hotel Developers-Meridian HIX,LLC (name of entity on behalf of whom record was executed), in the following representative capacity:Manager (type of authority such as officer or trustee) ...�. CLINT JOLLEY Notary Public-State of Idaho Commission Number 20230423 Notary Sign tore My Commission Expires Jan 30,2029 My Commission Expires: l �o/`7�Z l Sanitary Sewer and Water Main Easement REV.01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simis n, ayor 1-21-2025 � SEAL Attest by ehris Johnson, City Clerk 1-21-2025 STATE OF IDAHO, ) : ss. County of Ada ) 1-21-2025 This record was acknowledged before me on (date) by Robert E. S i m i s o n and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) Na&wW Notary Signature 3-28-2028 My Commission Expires: CHARLENE WAY COMMISSION No. 67390 NOTARY PUBLIC STATE OF IDAHO Sanitary Sewer and Water Main Easement REV.01/01/2020 EXHIBIT A SANITARY SEWER AND WATER MAIN EASEMENT Part of Parcels A and B of a Deed as recorded in Instrument No.2020078300 located in the NW%&the SE '/.of Section 17,Township 3 North Range 1 East, B.M.,Ada County, Idaho described as: Commencing at the Southeast corner of said Parcel B;Thence,S 530 30' 37"W 50.59 feet along the North Right-Of-Way line of East Freeway Drive;Thence, N 360 29' 23"W 15.00 feet to the point of beginning; Thence, N 260 57' 15"W 241.96 feet Thence, S 62°00'30"W 9.96 feet; Thence, N 270 56'57"W 23.46 feet;Thence, S 64°53'35"W 6.30 feet; Thence, N 25D 06'25"W 10.00 feet; Thence, N 640 53'35" E 5.80 feet;Thence, N 270 56'57"W 286.95 feet; Thence, N 72D 04'53"W 562.28 feet; Thence,S 170 55'07"W 10.72 feet; Thence, N 72`04'53"W 13.41 feet; Thence, S 16°49'48"W 296.02 feet; Thence,S 500 39'27"W 27.06 feet; Thence, N 89'56'41"W 94.90 feet to a point on the Easterly Right of Way of South Wells Street also being the West line of said parcel A; Thence along said Right of Way N11 D 09'29"W 6.05 feet to beginning of a curve; Thence,25.72 feet along said curve to the right(Curve Data= Delta: 13"50'29", Radius: 106.72 feet,chord bearing N 020 37'01"W 25.72 feet; Thence, S 890 56'41"E 72.51 feet;Thence,N 000 03' 19"E 11.75'feet; Thence, S 89e 56'41"E 10.00 feet;Thence, S 000 03' 19"W 9.47 feet;Thence, N530 00'43"E 7.60 feet; Thence, N 160 49'48" E 373.00 feet; Thence,S 730 10' 12" E 31.51 feet;Thence, S 16" 19'48"W 48.09 feet; Thence, S 720 04'53"E 337.56 feet; Thence, N170 55'07" E 10.43 feet;Thence, S 720 04'53" E 10.00 feet; Thence, S 170 55'07"W 10.43 feet;Thence, S720 04'53"E 242.95;Thence, S 27"56'57"E 332.56 feet, Thence, S 260 57' 15"E 238.96 feet to a point on said North Right-Of-Way line of East Freeway Drive; Thence, S 530 30'37"W 20.28 feet to the point of beginning; Parcel contains 0.97 acres, more, or less. `JNp,L tgp�s IV �G%STfR G4+� 15571 ,r�,612/Z3�o OF l�Nl 11. JO��'� 2" tHeerxo. DMWNSY MONEY ONIDKSY EXHIBITA IIINLE COS NG INNTRUSTED LLC MERIDIAN J0B"t -M MATERIALS TESTING L& LAND •UIRVEYINO DATE: MAYYS,M 101&Park Avenue,Idaho Falls,ID 83402,(208)5240212 SEC.17.T.3 N.,R.1 E.B.M. " ONB °ATE ® meinc.eom 800 W.Judlclal Street,Blackfoot.ID 83221,(208)7M2977 a 3 aem ADA COUNTY,IDAHO COPYPJGHT®2021 HLE ALL ROWS IMBEXVED. EXHIBIT B S WELLS ST. 1"=100' N11°09'29"W C1 NOD 03' 19"E 6.05' 11.75' S89°56'41'"E Found 5/8"Iron Rod S89°56'41"E Bent 72.51' 10.00' N890 56'41"W 94.90' S500 39'27"W S16 N'6°43r48"E 3) 4g" 3.00, 27.06' 2g 48"W N53°00'43"E 6 02, 7.60' •SO°03' 19"W 9.47' S730 10'12"E AMENDED MAGIC N72°04'53"W 32.51' VIEW SUB 13.31' S17°55'07"W S16°49'48"W BLOCK 1 10.72' 48.09' LOT 16 Deed Inst. No. 102038407 co Parcel A Deed Inst. No. 2020078300 M N to � 44/ O \ONp,L LANQ s �r'j S rr Gam` o Found 1/2"Iron Rod c �A, With No Cap a 15571 '01 '`' N170 55'07"E 10.43' �� of �a� S72°04'53"E M. 10.00' 8170 55'07"W 10.43' S72° 04'53"E 242.95' SEE SHEET 2 OF 3 LEGEND Curve Table Section Corner Control Curve# Length Radius Delta Chord Bearing Placed 1/2"X 24" Iron C1 25.78' 106.72' 13°50'29" 25,72' N2°37101"W rod with cap marked P.L.S. 12224 Found Iron Rod as shown Mom mm eY a amw cmaeY EXHIBIT B Si HLE cas ��y�o�� INNTRUSTED LLC MERIDIAN MOW. 20214a CIVIL&YTRUDTURAL ENOINEERINO- MATERIALS TESTiNO &LAND IIURVEYINO DATE:Mer25,2023 101 S.Perk Avenue,Idaho Falls,ID 83402,(208)5240212 SEC.17,T.3 N.,R.1 E.B.M. ems" c^T� S 800 W.Judictel Street,Blackfoot,ID 83221,(208)785.2077 hlelnc,com m3 aKm ADA COUNTY.IDAHO COPYRIGHT©Y021 HLEALL RMM RESERVED. EXHIBIT B QT." 1"=100' SEE SHEET 3 OF 3 AMENDED MAGIC c VIEW SUB N 72°04'53"W M � N BLOCK 1 562.28' LOT 16 O� Deed Inst. No. 102038407 N 27056'57"W 286.95' co a a N 25006'25"W 10.00' LOT 9 S 64053'35"W N 64°53'35"E AMENDED MAGIC 6.30' 5.80' 332y6 VIEW SUB N 2705657"W y�0 23.46' ° S 62000'30"W P.O.B. 9.96' Parcel B 20 2° 830I 37"W 2�,�96 Deed Inst. No.2020078300 Val \ 0�� LOT10 g26 AMENDED MAGIC VIEW SUB N36029'23"W LOT 2,BLOCK 1 15.00' Deed Inst. No. 2018106221 Found 5/8" Iron Rod Np1, Lit po 'V S53°30'37"W Marked P.L.S. 11120 �� s 50.59' ��s' e�G%s Tripe FALLON GREENS SUB c ��'" �c BOOK 86,PAGE 9870 1 71 sj,6f L f Z3 0 err OF 0 LOT 1,BLOCK 1 LEGEND Found 5/8"Iron Rod Found 1/2" Iron Rod Marked P.L.S. 6901 Section Corner Control CRM Placed 1/2"X 24"Iron h S ALLEN ST. oo rod with cap marked C NE COR SEC 17 P.L.S. 12224 rn CQ ROS Inst. No. 98120823 k w POSITION CALCULATED Found Iron Rod as shown t° FROM TIES PER E 1/4 COR SEC 17 CP&F INST. NO, 99007475 POSITION CALCULATED CR FROM TIES PER -4 104.08' 2548.84' CP&F INST. NO. 990074760 S0°22'2$"E 2652,82' w m X.3 GRAVMW GUIWBY CIE°l8Y �� 4021d�5 EXHIBIT B 8J HLE casCIVIL&BTRUOTURAL BNOINEERINO INNTRUSTED LLC MERIDIAN MATERIALS TEBTINO &LAND BURVEYINO VAT@ M-YaRM 101 S.Park Avenue,Idaho Falls,ID 83402,(208).524-0212 SEC.17.T.3 N.,R.1 E.B,M. WIN " GAT" 4d*IEM;�, 800 W.Judiclel Street,Blackfoot,ID 83221,(208)7M2977 ADA COUNTY,IDAHO COPY"GHT©2021 HLE ALL WH-T8 RESERVED.