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HomeMy WebLinkAboutCentrepoint Apartments ESMT-2025-0015 ( 2025-0015) Ada County Recorder Trent Tripple 2025-042758 Boise,Idaho Pgs=7 hluther 07/09/2025 11:51:54 AM CITY OF MERIDIAN IDAHO$0.00 Electronically Recorded Project Name or Subdivision Name: Centrepoint Apartments Sanitary Sewer&Water Main Easement Number: ESMT-2025-0015 SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement made this_8th_ day of_July 2025 between MGM Meridian 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 # 2025-042758 07/09/2025 11:51:54 AM Page 2 of 7 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: M W U C!41 q#1 LI C Manager STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me can (date) by (name of individual), [ca-,Ap ete the following ifsigning in a representative capacity, or strike thefollowin�j ifsigning in an individual capacity] on behalf of (eo n ie of entity on behalf of whom record was executed), in the following representati ve capacity: (type of authority such as officer or trustee) Notary Stamp Below Notary Signature My Commission Expires: Sanitary Sewer and Water Main Easement Page 2 Version 01/01/2024 Instrument # 2025-042758 07/09/2025 11:51:54 AM Page 3 of 7 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validi of that document. State of California County of } ,. r . On before me, 4� iy''v ( '' 1; t r..3_ l _ 5 �� �1 °v3 I (insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. T WITNESS my hand and official seal. SAMAN�HA DIPPER K/ ?4 , Notary Public•California y �, San Mateo County f Commission#2381445 Comm.Expires Nav 6,2025 Signature (Seal) Instrument # 2025-042758 07/09/2025 11:51:54 AM Page 4 of 7 GRANTEE: CITY OF MERIDIAN Robert . Simi on, a -8-2025 � SEAL Attest by Ch 's Johnson;" "'y Clerk 7-8-2025 STATE OF IDAHO, ) ss. County of Ada ) This record was acknowledged before me on 7-8-2025 (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 Stamp Below C HARLE N E WAY COMMISSION No. 67390 NOTARY PUBLIC Notary Signature STATE OF IDAHO 3-28-2028 My Commission Expires: Sanitary Sewer and Water Main Easement Page 3 Version 01/01/2024 Instrument # 2025-042758 ail ) Horn 07/09/2025 11:51:54 AM Page 5 of 7 May 5, 2025 Easement Le-gal Description -Exhibit A A parcel of land being located in the Northeast Quarter of Section 5, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the Northeast Corner of Section 5, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho from which the North Quarter Corner of said Section 5 bears South 89°39'20" West, a distance of 2,656.46 feet, thence South 89°39'20" West, a distance of 497.37 feet, along said section line and South 00°20'40" East, a distance of 80.91 feet, to a point on the south line of Ustick Road, said point also being a point on the boundary of the property as described in instrument No. 2022-015449 of Official Ada County Records, and continuing along said boundary South 01°05'59" West, a distance of 263.32 feet, said point being the southwesterly corner of Lot 5, Block 1, of the Wadsworth Meridian Subdivision in Book 121 of Plats, Page 19070 of Official Ada County Records, said point also being the POINT OF BEGINNING of this description; Thence South 81°54'00" East, a distance of 24.72 feet; Thence South 84°06'00" East, a distance of 2.54 feet; Thence South 37°08'55" East, a distance of 17.21 feet; Thence South 14°37'52" East, a distance of 125.11 feet; Thence North 75°22'08" East, a distance of 9.24 feet; Thence South 14°37'52" East, a distance of 20.00 feet; Thence South 75°22'08"West, a distance of 9.24 feet; Thence South 14°37'52" East, a distance of 55.52 feet; Thence South 03°50'13"West, a distance of 74.21 feet; Thence North 83°54'02"West, a distance of 33.08 feet; Thence North 02°09'53"West, a distance of 10.06 feet; Thence North 11*19'17" East, a distance of 31.69 feet; Thence North 03°52'03" East, a distance of 13.42 feet; Thence South 89°39'20"West, a distance of 21.36 feet; Thence North 00°20'40"West, a distance of 20.00 feet; 00 D 83702 �: i� Instrument # 2025-042758 � 07/09/2025 11:51:54 AM Page 6 of 7 I�II �I � 1 u 1��1 y 1 Page 2 Thence North 89039'20" East, a distance of 30.86 feet; Thence North 14037'52"West, a distance of 187.24 feet; Thence North 37008'55"West, a distance of 45.73 feet; Thence North 71019'06"West, a distance of 53.08 feet; Thence North 21°06'39" East, a distance of 29.65 feet; Thence South 68°53'21" East, a distance of 20.00 feet; Thence South 21006'39"West, a distance of 8.79 feet; Thence South 71019'06" East, a distance of 35.06 feet; Thence South 01°05'59"West, a distance of 28.12 feet to the POINT OF BEGINNING. Containing: 8,757 Sq. Ft. or 0.20 Acres, more or less. 20 F- 00 �: q 07/09/2025 11:51:54 AM Page 7 of 7 T3N,R1E,B.M. T3N, R1E, B.M. (CP&F 2015053361) E. USTICK RD. (CP&F 113077810) 32 (BASIS OF BEARINGS) 5 S89°39'20"W 2656.46 497.37' S00°20'40"E 80.91' ;15 LINE TABLE ° NO. BEARING LENGTH �8 L19 S01°05'59"W L1 S81°54'00"E 24.72' v� \2p 263.32' L2 S84°06'00"E 2.54' R9161790100 E 6\ J P.O.B. L3 S37°08'55"E 17.21' --'l L2 00 L 1 L4 N75°22'08"E 9.24' L3 N L5 S14°37'52"E 20.00' 0 N C, L6 S75°22'08"W 9.24' T m L7 S14°37'52"E 55.52' E L8 N83°54'02"W 33.08' i VA 0 w L9 NO2°09'53"W 10.06' m L10 N11°19'17"E 31.69' ? N w J \� o E L11 NO3°52'03"E 13.42' �;� �� o Q �? o W L12 S89°39'20"W 21.36' �z� \ C Z w L13 N00°20'40"W 20.00' S1105110111 \ \L4 L14 N89°39'20"E 30.86' �\ �+ � L15 N37°08'55"W 45.73' L6 -2 f L16 N71°19'06"W 53.08' r x \ �� N L17 N21°06'39"E 29.65' co L18 S68°53'21"E 20.00' L14 N _ L19 S21°06'39"W 8.79' Y L20 S71°19'06"E 35.06' L12—/ a 1 LL L21 S01°05'59"W 28.12' o/ M ) I� 2 a`i L9 co L8 5 �4 c E. PICARD LN. p�P` LAND S LEGEND T3N,R1E,B.M. �\ r'CKl�C (/� (CP&F 113077809) o `fin SECTION LINE o ` BOUNDARY LINE GRAPHIC SCALE IN FEET 2 — — — — — — EASEMENT LINE 60' 0 30' 60' 120' o SECTION CORNER 0 \� QUARTER CORNER 1" — 60' @ 8.5X11 �q� DP�-F' A CALCULATED POINT °0 • ANGLE POINT IN EASEMENT Y PROJECT: TITLE: JOB NO.: 093899006 Kimim Horn SCALE: 1"=60' 1100 210 EA SEMEN T EXHIBIT "B" OAS' 05/05/2025 BM IDAHO 83702 SHEET: �� SHEET 3 OF 3