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HomeMy WebLinkAboutEverbrook Academy - Amity ESMT-2025-0025 (2025-019753) Project Name or Subdivision Name: ADA COUNTY RECORDER Trent Tripple 2025-019753 Everbrook Academy-Amity BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 04/02/2025 08:03 AM CITY OF MERIDIAN, IDAHO NO FEE Water Main Easement Number: 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 Record Number: ESMT-2025-0025 WATER MAIN EASEMENT THIS Easement Agreement made this I st day of April —",—20 25 between KTJ 413, LLC ""Grantor")and the City ofMcridian,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 VVHEREAS, 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 EXH113ITS A and 13) 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 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 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 Water Main Easement Page 1 Version 01/01/2024 public street, then, to such extent, such right-of-way and casement hereby granted which lies within such boundary thereof or which is a part thereof. shall cease and become null and void wid 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. GRANTOR: S LA I LuC— STATE OF IB- } ) ss County ofA-da } �v1.YUt.�t 1`1 This record was acknowledged before me on (date)by (name of individual), [complete the,following l signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of � ac (name of entity on behalf of whom record was executed), in the following representative capacity: ` _ i�r(type of authority such as officer or trustee) Notary Stamp Below VERA TSCF10A NOTARY PUBLIC y % MINNESOTA Notary Signature A-, 1Ex?f kN Commission Expires 1.311202e a - - - - - - - My Commission Expires: Water Main Easement Page 2 Version 01/01/2024 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 4-1-2025 Attest by Chris Johnson, City Clerk 4-1-2025 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 4-1-2025 (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 Signature My Commission Expires: 3-28-2028 Water Main Easement Page 3 Version 01/01/2024 KTJ 413 LLC EXHIBIT A WATER MAIN EASEMENT DESCRIPTION A PART OF THE NORTHEAST QUARTER OF SECTION 33, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, MERIDIAN CITY,ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE FOUND BRASS CAP MONUMENT AT THE NORTHWEST CORNER OF SAID SECTION 33; AND RUNNING THENCE SOUTH 89°15'22"EAST 1292.59 FEET ALONG THE SECTION LINE, BEING THE BASIS OF BEARING BETWEEN SAID FOUND NORTHWEST CORNER AND THE FOUND BRASS CAP MONUMENT AT THE NORTH QUARTER CORNER OF SAID SECTION 33;AND SOUTH 0°44'38"WEST 209.58 FEET TO THE TRUE POINT OF BEGINNING: THENCE SOUTH 89°15'22" EAST 20.01 FEET TO A POINT ON THE WESTERLY LINE OF THE HILL'S CENTURY FARM NORTH SUBDIVISION NO. 1, AS RECORDED IN BOOK 121, PAGE 18902, ADA COUNTY RECORDER'S OFFICE; THENCE SOUTH 0°44'38"WEST 19.50 FEET ALONG SAID WESTERLY SUBDIVISION LINE; THENCE NORTH 89'1522"WEST 20.01 FEET; THENCE NORTH 0°44'38"EAST 19.50 FEET TO THE POINT OF BEGINNING. CONTAINS 390 SQ. FT.OR 0.008 ACRES ESFpsG�G 3/19/25 17793 O F k. TyAN B KTJ 413 LLC WATER MAIN EASEMENT D I A M O N D MERIDIAN CITY, ADA COUNTY, IDAHO LAND SURVEYING SHEET 1 OF 2 3/19/25 KTJ 413 LLC EXHIBIT B E AMITY ROAD BASIS O 29 28 S 89'15'22F E BEARING2660 63' 2828 32 33 1292.59' — — — — — — — T31 33 NORTHWEST CORNER OF SECTION 33,1 NORTH QUARTER CORNER SECTION 33, T3N, R1E, BOISE MERIDIAN > T3N, R1E, BOISE MERIDIAN (FOUND BRASS CAP MONUMENT (FOUND BRASS CAP MONUMENT CP&F 2022009892) CP&F 2022071833) ro � o 0 N 3 r7 O POINT OF N BEGINNING S 89°15'22"E 20.01' {N ^X^ N I I V V} 390 SO. FT. OR Lu 0.008 ACRES 00 EO co O � Z I CD 07 N 89°15'22"W 20.01' HILL'S CENTURY FARM NORTH SUBDIVISION HO. 1 BOOK 121, PAGE 18902 �NpL LAND S eN SF� GAG c� 3/19/25 17793 O F ryAN B. KTJ 413 LLC WATER MAIN EASEMENT D I A M O N D MERIDIAN CITY, ADA COUNTY, IDAHO LAND SURVEYING SHEET 2 OF 2 SCALE 1"=10' F 3/19/25