The URL can be used to link to this page

Home My WebLink AboutXylem Dewatering Solutions Water Main ESMT-2025-0032) (2025-028005) Ada County Recorder Trent Tripple 2025-028005 Boise,Idaho Pgs=6 vbailey 05/07/2025 09:29:08 AM CITY OF MERIDIAN IDAHO$0.00 Project Dame or Subdivision Name: Electronically Recorded Xylem Dewatering Solutions Water Main Easement Number: Identify this Easement by sequential number if the project contains more than one easement of this type.See instructionstchecklist for additional information. For Internal Use Only ESMT-2025-0032 Record Number: WATER MAIN EASEMENT THIS Easement Agreement made this 6th day of May, 2025 between Kalispell Investor Fund, LLC, an Idaho limited liability company, and Kalispell One, LLC, an Idaho limited liability company (collectively,"Grantor")and the City ofMeridian,an Idaho Municipal Corporation("Grantee"); WHEREAS, Grantor desires to provide a water main right-of-way and easement 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 Grantee. NOW, THEREFORE, in consideration of the benefits to be received by Grantor, and other good and valuable consideration,Grantor does hereby give,grant and convey unto Grantee the right-of-way for an easement for the operation and maintenance of water mains over and across the following described property: (SEE EXHIBITS A AND B ATTACHED AND MADE A PART OF THIS DOCUMENT) 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 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. 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. Water Main Easement Page 1 Version 04/17/2023 GRANTOR covenants atld agrees with Grantee that should any part of the tight-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. GRANTOR does hereby covenant with 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 bindin0 Upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. IN WITNESS WI IEREOF, Grantor and Grantee hereunto subscribed their signatures the day and year Iirst herein above written. GRANTOR: /Kalispell Investor Fund, LLC. V all Idaho limited liability company 13y: Michac�. Fery, its Manager STATE OF 1DA110 > > ss County of Ada This record was acknowledged before me on _ by Michael N. Fery on behalf of Kalispell Investor Fund, I.I.C. an Idaho limited liability company, in the Iollowing representative capacity: Manager TRACY V. VANCE ota dnature r COMMISSION#20223849 My mmission Lxpires:_v - NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 811Z?028 Water Main Easement Page 2 Version 04/17/2023 Kalispell One. LLC, an Idaho limited liability company By: Michael N. Feiy, its Manager STATE OF 1DAF10 ) ss County of Ada ) rI/I lZj6Z' This record was acknowledged before me on - by Michael N. Fery on behalf of Kalispell One, LLC, an Iclaho limited li?l) lieu company. in the following representative capacity: Manager OU 'y S'Onature My CZ remission Eapires:_9 TRACY V.VANCE COMMISSION#2022 8849 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EKPI'+_S 8l12(1�128 Water Main Easement Page 3 Version 04/17/2023 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 5-6-2025 Attest by Chris Johnson, City Clerk 5-6-2025 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 5-6-2025 g (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 4 Version 04/17/2023 EXHIBIT A LEGAL DESCRIPTION OF EASEMENT AREA Project. No.: R25044 Date: March 25, 2025 DESCRIPTION FOR CITY OF MERIDIAN WATER EASEMENT—KALISPELL INDUSTRIAL TRUCK WASH An easement lying in Lot 1 of Block 3 of Medimont Subdivision No. 2, riled for record in the office of the Ada County Recorder,Boise, Idaho in Book 79 of Plats at page 8453 lying in the NE 114, Section 18,T.3N.,R.1 E.,B.M.,Meridian,Ada County,Idaho and more particularly described as follows: Commencing at the Northwest corner of said Lot 1; thence along the North boundary of said Lot 1 South 89°01'41" East 31.48 feet to the POINT OF BEGINNING: thence continuing South 89*01'41'East 30.00 feet to a point; thence leaving said North boundary South 00*5819"West 18.00 feet to a point;thence North 89°01'41"West 30.00 feet to a point; thence North 00058'19"East 18.00 feet to the POINT OF BEGINNING, Said parcel of land contains 540 square feet, more or less. .off'�0s en8�o G9� fi 31tr�2 0 PB OF P� L Water Main Easement Page 5 Version 04/17/2023 EXHIBIT B -, EXHIBIT' FOR ;CITY OF MERIDIAN WATER EASEMENT - :�;..\ KALISPELL INDUS-1 KIAL I RUCK WASH CD �=�\ LOT 1. BLOCK 3. IAEDI}AONT SUBDIVtSIOV NO. 2, \:�`, \ LYING IN THE NE 1/4, SECTION 18, UN., R,1E.. B.M.. .. . MERIDIAN.•ADA COUNTY, IDAHO v - �.•.. y •— V Y. '� — x .—. i . E. KALISPELL STREET scAL r., r a 30' P"Ir or 8ScNray.-G� S 89.01,4r r 178_48• _ NOC•S8.19'E �� "— ----- --- -L 6 69-0i•ar`• ,'- fxrsTlnc 10•PCf&.rc ur�rl r � �Ep�� r• I 30.00• BASEA'FJ.r PER PLAT �O t r 18350 S LOr 1, &= 3, 'Awl19011r Suapfv -a/W. ILEGEND — — SNUDARr tOC VA MR AC MR o. ® WATER rALv6 ,Q 'w2a ACKERMAN 0 VArER SLOW-OFF ��®ESTVOL,D O C�cLCl4.A7SD POW. N0T $Fl 766l We9 Poferswa 0mt.Sk.107 • Gvft C4j.M 8JT14 � N �2'Au-+7:r cCfr�vp 03-25-i`. ,W7. jv,. w