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HomeMy WebLinkAboutAviation Sub ESMT-2025-0064 (2025-037865) Ada County Recorder Trent Tripple 2025-037865 Boise,Idaho Pgs=8 vbailey 06/18/2025 08:01:18 AM CITY OF MERIDIAN IDAHO$0.00 Electronically Recorded Aviation Subdivision ESMT-2025-0064 SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement made this_17th day of_June_2025 between MESA AVIATOR PARK 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 T O 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 # 2025-037865 06/18/2025 08:01:18 AM Page 2 of 8 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 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 ofthe first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Mesa Aviator Park LLC t STATE OF CALIFORNIA ) ss County of Orange ) This was acknowledged before me on 0 03 01OaS (date) by (name of individual), [complete the.fol owing ifsigning in a representative capacity, or strike the,following ifsigning in an individual capacity] on behalf of Mf,-%A AU4Acroe PARK LLC (name of entity on behalf of whom record was executed), in the following representative capacity:_ Member (type of authority such as officer or trustee) Notary Starnp Below ��zaar aa�a�z2� c oa���rttw Notary gnature N My C nmission Expires: aa N ts�xv Sanitary Sewer and Water Main Casement Page 2 Version 0 1/0 1/2024 Instrument # 2025-037865 06/18/2025 08:01:18 AM Page 3 of 8 GRANTEE: CITY OF MERIDIAN Robert E. Si 'son, 6-17-2025 zg SPAL (21 Attest by C ris Johnson, City Clerk 6-17-2025 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 6-17-2025 Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. CHARLENE WAY COMMISSION No. 67390 NOTARY PUBLIC STATE OF IDAHO Notary Signature My Commission Expires: 3-28-2028 Sanitary Sewer and Water Main Easement Page 3 Version 01/01/2024 Instrument # 2025-037865 06/18/2025 08:01:18 AM Page 4 of 8 Exhibit A Sewer and Water Easements Aviation Subdivision May 31, 2025 Sewer Easement 1 A portion of the Northwest 1/4 of the Southwest 1/4 of Section 10, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Section corner common to Sections 9, 10, 15, and 16, Township 3 North, Range 1 West, Boise Meridian, from which the 1/4 corner common to said Sections 9 and 10 bears North 0°38'55" East, 2653.02 feet; thence North 19°01'29" East, 1570.96 feet to the east boundary line of Hensley Station Subdivision No. 2 as filed Book 121 of Plats at Pages 19058 through 19060, records of Ada County, Idaho and the POINT OF BEGINNING; thence on said east boundary line, North 00036'35" East, 20.00 feet; thence leaving said east boundary line, South 89°58'37" East, 158.29 feet; thence 23.44 feet on the arc of a curve to the left having a radius of 55.00 feet, a central angle of 24025'12" and a long chord which bears South 30°44'33"West, 23.26 feet; thence North 89058'37"West, 146.61 feet to the POINT OF BEGINNING. Containing 3,030 square feet, more or less. AND Sewer and Water Easement 2 A portion of the Southwest 1/4 of the Southwest 1/4 of Section 10, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Section corner common to Sections 9, 10, 15, and 16, Township 3 North, Range 1 West, Boise Meridian, from which the 1/4 corner common to said Sections 9 and 10 bears North 0038'55" East, 2653.02 feet; thence North 44041'50" East, 1511.21 feet to the POINT OF BEGINNING; thence North 69059'17" East, 28.47 feet; thence South 35001'37" East, 12.43 feet; g�� N ENs vilG G thence North 89015'50" West, 33.89 feet to the POINT OF BEGINNING. 11779 Containing 171 square feet, more or less. 0 �� 1 � P 0 TF 0 F AND oyM MCCN Page I of Instrument # 2025-037865 06/18/2025 08:01:18 AM Page 5 of 8 Water Easement 3 A portion of the Southwest 1/4 of the Southwest 1/4 of Section 10, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Section corner common to Sections 9, 10, 15, and 16, Township 3 North, Range 1 West, Boise Meridian, from which the 1/4 corner common to said Sections 9 and 10 bears North 0038'55" East, 2653.02 feet; thence North 48055'38" East, 1631.72 feet to the POINT OF BEGINNING; thence North 00044" 0" East, 52.00 feet; thence 19.61 feet on the arc of a curve to the right having a radius of 455.00 feet, a central angle of 02028'11" and a long chord which bears North 83037'12" East, 19.61 feet; thence South 02040'03" East, 18.01 feet; thence North 87028'08" East, 19.50 feet; thence South 00044'10" West, 37.56 feet; thence North 89015'50" West, 40.00 feet to the POINT OF BEGINNING. Containing 1,806 square feet, more or less. End of Description. �\pNpl LAND s �� �\GE N S G 11779 N / �o OF \�Pp� YM McCN Page 2 of 2 Instrument # 2025-037865 06/18/2025 08:01:18 AM Page 6 of 8 1/4 • S.9 S.10 Union Pacific Railroad dZ ;24 S89*58'37"E 158.29' co r/7/ W. Topeka St. 7z 7// W. Topeka St. NOO*36'35"E 20.00' N89'58'37"W 146.61' Point of Q; C) < Beginning 1 > C X (o N cu M M 3 Lo 00 Im M 0 I Z Z 0>0., ,\Cl* -, Curve Table o Curve Length Radius Delta Chord Bearing Chord Length C1 23.44' 55.00' 24*25'12" S30*44'33"W 23.26' L A 0 779 (P F/1 0 0 z .rh Of - Z(N)L— S.9 S.10 W. Franklin Rd. 14V Scale: 1"=60' S.16t.15 cc 0 10 30 60 120 P,\Avi.ti- Sub 21-296\dwg\Wat--S—, E.- E.hibit.dwg 5/31/202512:29:08 PM Exhibit 8 Job No. IDAHO 9939 EMERALD ST Sewer Easement SURVEY 1 W. 21-296 60 SE,IDAHO 83704 Sheet No. (2011)846-8570 Aviation Subdivision 1 of 3 GROUP, LLC A portion of the NW1/4 of the SW11/4 of Section 10, Dwg. Date 11 T.3N., RAW., B.M., City of Meridian, Ado County, Idaho 5/31/2025 Instrument # 2025-037865 06/18/2025 08:01:18 AM Page 7 of 8 1/4 S.9 • S.10 i i i Line Table Line Bearing Length L1 N69'59'17"E 28.47' I L2 S35'01'37"E 12.43' i L3 N89-15'50"W 33.89' I I i < 2 o °f Cl) ly9: N N O m v St. w oto� o U') o w' •Ln 0 i m 1 m 0 , Z Z Point of Beginning 2 L3 I i I .`� ,NNL LAH� � -- '111 11779 of M. MCCPM S.9 •5.10 W. Franklin Rd. N Scale: 1"=60' - - - - - - 5.16•S.15 0 10 30 60 120 P:\Aviation Sub 21-296\d"\Woter_S—,Ease Exhibit.d" 5/31/2025 12:29:23 PM DAHO Exhibit B Job No. 21-296 9939W.EMERALD ST. Water Main and Sewer Easement Sheet No. SURVEY BOISE,IDAHO 83704 Aviation Subdivision (208)846_8570 2 of 2 GROUP, LLC A portion of the SW1/4 of the SW1/4 of Section 10, Dwg. Date T.3N., R.1W., B.M., City of Meridian, Ada County, Idaho 5/31/2025 Instrument#2025-037865 06/18/2025 08:01:18 AM Page 8 of 8 1/4 S.9 �S.10 Curve Table Curve Length Radius Delta Chord Bearing Chord Length C2 19.61' 455.00' 2'28'11" N83'37'12"E 19.61' i i Line Table Line Bearing Length L4 N00'44'10"E 52.00' i L5 S02'40'03"E 18.01' I i L6 N87'28'08"E 19.50' L7 S00'44'10"W 37.56' I L8 N89'15'50"W 40.00' I i 2 o I i rn I Of y N 0 m U 5k. o� y W Pv�°to( C2 L5 •� ` ° � �L6 M i m I mo 1Z Z —I L8 I I Point of Beginning 3 NL Lq/y� F,1• g5 �\GENS 11779 P0 Opy�F of M. MCCPM N S.9 S. N Scale: 1"=60' � W. Franklin Rd_ S.16 5.15 0 10 30 60 120 P.\Avmti- Sub 21-296\dwg\Water_S—r E— Exhibit.dwg 5/31/2025 12:29:37 PM DAHO Exhibit B Job No. 9939 W.EMERALD ST. Water Main Easement SURVEY BOISE,IDAHO 83704 Aviation Subdivision Shheeteel N No. (208)846-8570 3 of 3 GROUP, LLC A portion of the SW1/4 of the SW1/4 of Section 10, Dwg. Date 13N., RAW., B.M., City of Meridian, Ada County, Idaho 5/31/2025