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HomeMy WebLinkAboutACHD Facility at 2023 Franklin RD. ESMT-2025-0055 (2025-041684) Ada County Recorder Trent Tripple 2025-041684 Boise,Idaho Pgs=7 cfowler 07/02/2025 03:42:31 PM CITY OF MERIDIAN IDAHO$0.00 Electronically Recorded Proieet Name: ACHD Facility at 2023 Franklin Road Water Main Easement Number: 01 Identify this Easement by sequential number if Project contains more than one Water Main easement. (See Instructions for additional information), ESMT-2025-0055 WATER MAIN EASEMENT i THIS Easement Agreement is made this 7thday of June , 2025 between the Ada County Highway District,a body politic and corporate of the State of Idaho("Grantor"),the City of Meridian,an Idaho municipal corporation("City"),and Veolia Water Idaho,Inc.,an Idaho corporation("Veolia"). City and Veolia shall be referred to collectively as"Grantees"herein. 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 mains, interconnect vault, and appurtenances are to be constructed by others;and WHEREAS, it will be necessary for Grantees to maintain and service said water mains, interconnect vault,and appurtenances from time to time; 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 Grantees the right-of-way for a non-exclusive easement for the operation and maintenance of said water mains,interconnect vault,and appurtenances 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 water mains, an interconnect vault, and appurtenances, together with their maintenance, repair and replacement at the convenience of the Grantees,with the right of access,with notice provided to the Grantor as practicable,to such facilities at any and all times. TO HAVE AND TO HOLD,the said easement and right-of-way unto the said Grantees,their successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED,by and between the parties hereto,that after making repairs or performing other maintenance, Grantees shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance.However, Grantees 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. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures,trees,brush,or perennial shrubs or flowers within the area described for i this easement, which would interfere with the use of said easement, for the purposes stated herein. Water Main Easement Page 1 Instrument # 2025-041684 07/02/2025 03:42:31 PM Page 2 of 7 THE GRANTOR does hereby covenant with the Grantees that Grantor is•lawfudly 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 Iawful 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: Ada County Highway District e,'tir�wn STATE OF IDAHO ) ) ss County of Ada } This record was acknowledged before me on j�(date) by �iul1l WAV 1,-Pl (name of individual),[complete the following if signing in a represetgattve capaci , or strike the following if signing in an individual capacity] on behalf of M(A ttl (name of en 'ty on behalf of whom record was executed), in the following rep en ive capacity: 1 va E r iL' A&iarA_Y- (type of authority such as officer or trustee) ,���rC►•.•••••••••.•.y s'*, otary Signature t jAOTAR ``'7�t My Commission Expires: 0 a'P _ C t rr � �• 4i 4 OF Water Main Easement Page 2 Instrument # 2025-041684 07/02/2025 03:42:31 PM Page 3 of 7 CITY OF MERIDIAN Robert J3.Simis n, or 6-17-2025 L% VE ID"'1,J ttest by is John ` n�, i "Clerk 6-17-2025 STATE OF IDAHO ) ss County of Ada ) 6-17-2025 This record was acknowledged before me on (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. CHARLENT7774Y COMMISSION No. 67390 Notary Signature T' 8 NOTARY PUBLIC My Commission Exp s: 3-28-202 STATE OF IDAHO Water Main Easement Page 3 Instrument # 2025-041684 07/02/2025 03:42:31 PM Page 4 of 7 VEOLIA WATER MAHO,INC. TE OF MAHO ) V ) ss County of Ada ) This record was acknowledged before me onlAsA 1""!1L�(date) by %vi lWnrrs (name of individual), [complete the following if signing in a representative ca achy, or strike the following if signing in an individual capacity] on behalf of Nfe"k �1,,:,, (name of entity on behalf of whom record was executed), in the following representative capacity: tuna% 'ke5;4or%A (type of authority such as officer or trustee) (stamp�.,1118.44Maw �,-�/l t C�a►k.Q-�0'►'� •,. �••g°Zo� �'a; Notary ftnature N: My Commission Expires:Oti-ita-g l a QUBL'Lie•••o4t2gNN•''••�•0 #";N OF VD Water Main Easement Page 4 Instrument # 2025-041684 07/02/2025 03:42:31 PM Page 5 of 7 EXHIBIT A WATER EASEMENT 01 FOR THE CITY OF MERIDIAN,IDAHO An easement located in the SW 1/4 of the SE 1/4 of Section 9,Township 3 North, Range 1 East, Boise Meridian,and being a part of PARCEL A as shown on Record of Survey No. 14111,recorded as Instrument No. 2023-052123 in the office of the Recorder, Ada County, Idaho, more particularly described as follows: Commencing at an aluminum cap monument marking the southwesterly corner of said SW 1/4 of the SE 1/4,from which an aluminum cap monument marking the southeasterly corner of said Section 9 bears S 89°14'44" E a distance of 2702.81 feet; Thence S 89°14'44" E along the southerly boundary of said SW 1/4 of the SE 1/4 a distance of 1068.52 feet to a point on the extension of the westerly boundary of PARCEL B of said Record of Survey No. 14111; Thence leaving said southerly boundary N 0°40'35" E along said extension a distance of 42.00 feet to a point marking the southwesterly corner of said PARCEL B, said point being on the northerly right-of-way of E. Franklin Road; Thence S 89°14'44" E along the southerly boundary of said PARCEL B and said northerly right-of-way a distance of 60.00 feet to a point marking the southeasterly corner of said PARCEL B, said point being the southwesterly corner of said PARCEL A; Thence leaving said southerly boundary and said northerly right-of-way N 0°40'35" E along the westerly boundary of said PARCEL A a distance of 35.00 feet to a point marking the northwesterly corner of that existing water easement as described in Instrument No. 2023-007825; Thence along the northerly boundary of said water easement the following described courses: Thence S 89014'44" E a distance of 12.60 feet to the POINT OF BEGINNING; Thence continuing S 89014'44" E a distance of 20.00 feet to a point; Thence leaving said northerly boundary N 0°45'16" E a distance of 5.00 feet to a point; Thence N 89014'44"W a distance of 20.00 feet to a point; Instrument # 2025-041684 07/02/2025 03:42:31 PM Page 6 of 7 Page 1 of 2 Thence S 0°45'16 W a distance of 5.00 feet to the POINT OF BEGINNING. This parcel contains 100 square feet(0.002 acres)and is subject to any other easements,existing or in use. Prepared by: Kyle A. Koomler, PLS Civil Survey Consultants LA s January 21,2025 NS 18780 r 1,7 Of !FA. KO S Page 2 of 2 Instrument # 2025-041684 07/02/2025 03:42:31 PM Page 7 of 7 EXHIBIT B SKETCH TO ACCOMPANY WATER EASEMENT DESCRIPTION FOR THE CITY OF MERIDIAN, IDAHO LOCATED IN THE Sly 1/4 OF THE SE I/4 OF SECTION 9, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, 114 IDAHO �. 4z oo' N O'40 35"E PA SCALE.- 1 r4O' d PARCEL B (� RECORD OF SURREY NO. 14111 I W � o EXISTING WATER EASEMENT N POINT OF 1NST.NO. 2023-007825 BEGINNING -� N 0'40'.15"E 04516 "a 35.00' P/L W m 12.60' � W o POINT OF BEGINNING $ h ^, EASEMENT I N SEE DETAIL = w o 3 w t C9 q 35,.00' t7 NI N ©45'1cn 6' Eli�I, PARCEL A tl� RECORD OF SURVEY ZkI ° NO. 14111 (� 5.00' N M'16'£ � g ti DETAIL W SCALE LA S N 18780 CIVIL SURVEY CONSULTANTS, INC. 16 9 2893 SOUTH MERIDIAN ROAD • MERIDIAN, IDAHO 83642 15 10 (208)888-4312