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HomeMy WebLinkAboutApex Northwest Sub. No. 4 ESMT-2025-0047 (2025-029552) Ada County Recorder Trent Tripple 2025-029552 Boise,Idaho Pgs=6 vbailey 05/14/2025 08:07:35 AM CITY OF MERIDIAN IDAHO$0.00 Electronically Recorded Project Name or Subdivision Name: Apex Northwest Subdivision No.4 ldf1 'et +e �Td�ttSit�t�haomemxmem of this type.Sea iwtrwiomkfreMrst for adMioml infonwim For Internal use only ESMT-2025-0047 Record Number. SANITARY SEWFR AND WATER MAIN EASEMENT THIS Easement Agreement made thisl 3th day o f May 20 25 between Eagle 1 LLC ("Grantor")and the City ofMeridian,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. T O 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 of this easement. Sanitary Sewer and Water Main Easement Page 1 Version 01/01/2024 Instrument # 2025-029552 05/14/2025 08:07:35 AM Page 2 of 6 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 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 ofno 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 ofany 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: Eagle 1 LLC /7— By:Chris Nolan,Member STATE OF IDAHO ) ) ss County ofAda ) record was acknowledged before me on �-:b 3oi"te) by is k1 t �3 ...... —(name(name of individual), [complete the following ifsigning in a representative capaci r strike thefollowing ifsigning in an individual capacity] on behalf of u i (name of en6t on behalf of whom record was executed), in th following representative capacity: (type of authority such as officer or trustee) /J Below / Zo 0 V.A, t;OTAR Y�'•. •; messes, 0 Notary Signature n-PUBL.tC rn My Commission Expires:.2__- Sanitary Se;�df•andiW ie%r"Main Easement Page 2 Version 01/01/2024 Instrument # 2025-029552 05/14/2025 08:07:35 AM Page 3 of 6 GRANTEE: CITY OF MERIDIAN Robert E. Simi n, ayor -2025 L 45 OVE "FafI JyA IAN A est by Chri ohnson,.`Tit „ 5-13-2025 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 5-13-2025 (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 Statnp Below CHARLENE WAY Lhn n6ol4q j �nA COMMISSION No. 67390 NOTARY PUBLIC Notary Signature STATE OF IDAHO My Commission Expires: 3-28-2028 Sanitary Sewer and Water Main Easement Page 3 Version 01/01/2024 Instrument # 2025-029552 05/14/2025 08:07:35 AM Page 4 of 6 ki" E N G I N E E R I N G April 16,2025 Apex Northwest Subdivision No.4 Project No.22-053 Legal Description City of Meridian Utility Easement Exhibit A A parcel of land for a City of Meridian Water and Sewer Easement situated in a portion of the Southeast 1/4 of the Southwest 1/4 of Section 31,Township 3 North, Range 1 East, B.M., City of Meridian,Ada County, Idaho, and being more particularly described as follows: Commencing at an aluminum cap marking the South 1/4 corner of said Section 31,which bears N89°42'21"W a distance of 2,640.00 feet from an aluminum cap marking the Southeast corner of said Section 31; Thence following the easterly line of said Southeast 1/4 of the Southwest 1/4 of Section 31,N00'16'52"E a distance of 311.49 feet to the southerly line of a City of Meridian Utility Easement per Instrument No.2023- 065768; Thence leaving said easterly line and following said southerly line,N89°43'08"W a distance of 47.00 to the POINT OF BEGINNING. Thence leaving said southerly line,N89`43'08"W a distance of 11.00 feet; Thence N00°16'52"E a distance of 38.00 feet; Thence S89°43'08"E a distance of 11.00 feet to the westerly line of said City of Meridian Utility Easement; Thence following said westerly line,S00'16'52"W a distance of 38.00 feet to the POINT OF BEGINNING. Said parcel contains 418 square feet, more or less,and is subject to any existing easements and/or rights-of- way of record or implied. Attached hereto is Exhibit B and by this reference is hereby made a part hereof. to 1ST a 12 5 , to e.If'� OF �9 L. 1B L{./t,, •Zo7-6 5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939- kmenglip.com Instrument # 2025-029552 05/14/2025 08:07:35 AM Page 5 of 6 C-S 1/16 CORNER SECTION 31 a co Of(00 Za I }0 U-1 {_W�® E'En"'N 0 60 120 180 o z 6 6 Proposed Apex Northwest z o o:Z Plan Scale: 1"= 60' -Rf-� Subdivision No.4 L4 X CQ ��z /, o to to 0 �2 Li(TIE) L2 a POINTJOF `t `© Unplatted BEGINNING o d o � Q LINE TABLE 4- to LINE BEARING DISTANCE s Gemini, Ll_l_P O S1131347001 o L1 N89.43'08"W 47.00 c cn a L2 N89'43'08"W 11.00 a N L3 NO'16'52"E 38.00 L4 S89'43'08"E 11.00 C 3 . L5 SO'16'52"W 38.00 0 z : 0 z �c LL ti] F Z v E. Lake Hazel Rd. u l Z N a a 31 32 o N89'42'21"W 2640.00' 6 5 POINT OF COMMENCEMENT BASIS OF BEARING TFOUND ALUMINUM CAP FOUND ALUMINUM CAP N S 1/4 CORNER SECTION 31 SE CORNER SECTION 31 E N G I N E E R I N G. 0 5725 NORTH D]S 0 83ERY WAY X BOISE,IDAH 83713 PHONE(208)639-6939 Exhibit B - City of Meridian Water and Sewer Easement kmengllp.com Apex Northwest Subdivision No. 4 w DATE: April2025 � PROTECT: 22.053 N SHEET: A portion of the SE 1/4 of the SW 1/4 of Section 31, a 1 OF 1 T3N., 131E., B.M., City of Meridian, Ada County, Idaho Instrument # 2025-029552 05/14/2025 08:07:35 AM Page 6 of 6 11.00 s89°43V8"e s yV4j f V N q M C y 11.00 Tract 1: 0.010 Acres: 418 Sq Feet:Closure=n00.0000e 0.00 Feet: Precision>1/999999: Perimeter= 98 Feet 001=n89.4308w 11.00 003=s89.4308e 11.00 002=n00.1652e 38.00 004=s00.1652w 38.00