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Home My WebLink AboutCascade Apartments (ESMT-2025-0002) 2025-007634 ADA COUNTY RECORDER Trent Tripple 2025-007634 BOISE IDAHO Pgs=7 CHE FOWLER 02/05/2025 08:05 AM Project Name or Subdivision Name CITY OF MERIDIAN, IDAHO NO FEE -. Water Main Extension - Meridian Park Apartment Loop Water in 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 LESMT-2025-0002 Record Number: WATER MAIN EASEMENT THIS Easement Agreement made this 4th day of February 20 25 between SP CASCADE LLC,an Idaho liMiLted-liabili company("Grantor),and the City of Meridian,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 the Grantee; 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 ("Easement Area"): (SEE ATTACHED EXHIBITS A and 13) The right-of-way and 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. Additionally, subject to the limitations herein, Grantor hereby gants Grantee an irrevocable license for the temporaKy use of that portion of Grantor's adjacent proe M identified on Exhibit B as the "License Area" for access to install, construct, operate alter maintain,replace, improve and repair water mains and allied facilities in the Easement Area; iirovided, however,only to the extent that Dortions of the License Area are then available for such teMporqU use. Grantee acknowledges that HVAC equipment, electrical equipment, landscaDin2 and other imorovements that would not be permitted in the Easement Area are now located in the License Area,and Grantee agLees that Grantor shall have the right to remove,re lace relocate or ex and such improvements in the License Area from time to time without Grantee's Vproval or consent Grantee ag,Lees that the area of such improvements, as they exist when Grantee then uses the License Area will trot be available for use unless Grantor consents to the teary: ors removal and restoration of such by Grantee,which approval will not be unreasombly withheld, WATER MAIN EASEMENT Page 1 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 Easement Area,License Area and any 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 Easement Area that was placed there in violation ofthis 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 the 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 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 Easement Area, and that Grantor has a good and lawful right to convey the right- of-way and easement, and that except for matters that this right-of-way and easement subject to Grantor will warrant and defend the right-of-way and easement against the lawful claims of all persons claiming by or through Grantor,but none other. The right-of-way and easement is subject to all matters of record or appearing on the land. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns,heirs,personal representatives, purchasers, or transferees of any kind. [end of text; counterpart signature pages follow] WATER MAIN EASEMENT Page 2 COUNTERPART SIGNATURE PAGE IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: SP CASCADE LLC, an Idaho limited liability company By: Schlosser Properties Co.,Inc., a California corporation, its Manage By: Martha Elena Carlson,Vice President STATE OF IDAHO ) ss. County of Ada ) This record was acknowledged before me on-�aryu +r 2oZ (date) by Martha Elena Carlson as Vice President of Schlosser Properties Co.1 Inc., acting in its capacity as Manager of SP Cascade LLC. f MLW C "$ Si store of Notary Public �0TARPr M Commission Expires: O 5 3 I 2015'O rC/BLi� +�' 9#1160011*} WATER MAIN EASEMENT Page 3 COUNTERPART SIGNATURE PAGE IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTEE: CITY OF MERIDIAN Robert E. Si iso Mayor 2-4-2025 j � SEAL Attest by diris Johnson, City Clerk 2-4-2025 STATE OF IDAHO ) : ss. County of Ada ) This record was acknowledged before me on 2-4-2025 (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 CHARLENE WAY Cha&ycWM COMMISSION No. 67390 NOTARY PUBLIC Signature of Notary Pub c STATE OF IDAHO My Commission Expires: 3-28-2028 WATER MAIN EASEMENT Page 4 EXHIBIT A LEGAL DESCRIPTION OF THE EASEMENT AREA EXHIBIT A WATER MAIN EASEMENT FOR THE CITY OF MERIDIAN,IDAHO An easement located in the NE 1/4 of the NE 1/4 of Section 13,Township 3 North,Range 1 West, Boise Meridian, and being a part of PARCEL B as described in Warranty Deed Instrument No. 111058236, in the office of the Recorder, Ada County, Idaho, more particularly described as follows: Commencing at an aluminum cap monument marking the southeasterly corner of said NE 1/4 of the NE 1/4, from which an aluminum cap monument marking the northeasterly corner of said Section 13 bears N 0"49'01" E a distance of 1327.08 feet; Thence N 0'49'01"E along the easterly boundary of said NE 1/4 of the NE 1/4 a distance of 35.73 feet to a point on the extension of the southerly boundary of PARCEL A as described in said Warranty Deed Instrument No. 111058236; Thence leaving said easterly boundary N 88'51'59" W along said extension and along the southerly boundary of said PARCEL A a distance of 388.02 feet to a point marking the southwest corner of said PARCEL A; Thence N 0'49'01" E along the westerly boundary of said PARCEL A a distance of 120.00 feet to a point marking the northwest corner of said PARCEL A,said point being the southwest corner of said PARCEL B and the POINT OF BEGINNING; Thence continuing N 0'49'01"E alongthe westerly boundary of said PARCEL B a distance of 20.00 feet to a point; Thence leaving said westerly boundary S 88`51'59" E a distance of 5.33 feet to a point; Thence S 1"08'01"W a distance of 5.00 feet to a point; Thence S 88'51'59" E a distance of 54.00 feet to a point; Thence N 0°52'31" E a distance of 5.00 feet to a point; Thence S 88°51'59" E a distance of 113.15 feet to a point; Page 1 of 2 WATER MAIN EASEMENT Page 5 Thence S 1'08'01"W a distance of 20.00 feet to a point on the southerly boundary of said PARCEL B; Thence N 88'51'59" W along said southerly boundary a distance of 172.34 feet to the POINT OF BEGINNING. This parcel contains 3,178 square feet (0.073 acres) and is subject to any other easements, existing or in use. Prepared by: Kyle A. Koomler, PLS \rE s� Civil Survey Consultants, Incorporated October 24, 2024 18780 OF 'D A. KOd Page 2 of 2 WATER MAIN EASEMENT Page 6 EXHIBIT B GRAPHIC DEPICTION OF THE EASEMENT AREA AND THE LICENSE AREA EXHIBIT B SKETCH TO ACCOMPANY DESCRIPTION FOR THE CITY OF MERIDIAN LOCATED IN THE NE 114 OF THE NE 114 OF SECTION 13 TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO P/L P/L P/L _ 12lk7 13 16 PL S IJ954 J a PARCEI 9 d WARRANTY DEED INST.NO. 11105,5236 O SCALE- 1'"=30' LICENSE AREA Q S'wide x 54'long L-2 a 4 S 885159 E 113 15' o 8851E 50 ro o N WAT S ER MAIN EASEMENT n POINT OF P/L N 88'S139"' W 172.34'P/L ml m BEGINNING _ W EASEMENT ulth ...LA I; s5 0 4 18780 a = PARCEL A N 7" I7 F WARRANTY DEED �46 KO IN.S7 N0. 111058236 W CIVIL SURVEY CONSULTANTS, INC. 2893 SOUTH MERIDIAN ROAD ° MERIDIAN, IDAHO 83642 p (208)888-4312 Z RECORD OF SURVEY LINE DATA NO. 3491 J a LINE BEARING DISTANCE a N S8 81 50f11 5091 Y 3.0�..0 C3J0 .$159 E 5.2 31N 052 "E S. D? ' 5 1'0801"W I 70Lf1 PAL 358:02' J L P/L i,ts N 88'51 " W 388.02' NV16 3.434 WATER MAIN EASEMENT Page 7