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HomeMy WebLinkAboutApex Northwest Sub. No. 6 ESMT-2025-0081 (2025-046163) Ada County Recorder Trent Tripple 2025-046163 Project Name or Subdivision Name: Boise,Idaho Pgs=9 cfowler 07/23/2025 08:51:15 AM CITY OF MERIDIAN IDAHO$0.00 Apex Northwest Subdivision No. 6 Electronically Recorded Water Main Easement Number: 1 Identify this Easement by sequential number if the project contains more than one easement of this type.See instructions/checklist for additional information. For Internal Use Only Record Number: WATER MAIN EASEMIENT THIS Easement Agreement made this 22 n d day of July 2025 between The David&Kristin Turnbull FaMily Trust UTA Augustl 20gi t,LLC("Grantor")and the City of.N4eridian, an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and V%THEREAS , the water main is to be provided for through underground pipelines to be constructed by others;and V41EREAS, 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 to the Grantee the right- of-way for an easement for the operation and maintenance of water mains over and across the following descfibed prop (SEE ATTACHED EXH113ITS A and 13) 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 to the said Grantee, its successors and assigns forever. IT ISEXPRESSLY 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. 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 of 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 t-of-way and easement hereby granted shall become part of,or lie within the boundaries of any Water Main Easement Page 1 Version 01/01/2024 Instrument # 2025-046163 07/23/2025 08:51:15 AM Page 2 of 9 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 thereofagainst 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 of the first part have hereunto subscribed their signatures the day and year first herein above written. [END OF TEXT; SIGNATURES TO FOLLOW] Water Main Easement Page 2 Version 01/01/2024 Instrument # 2025-046163 07/23/2025 08:51:15 AM Page 3 of 9 GRANTOR: THE DAVID & KRISTIN TURNBULL FAMILY TRUST U/T/A AUGUST 1, 2006 an Idaho revocable trust By: avi rWTurnbult,Trustee STATE OF IDAHO ) :ss. County of Ada ) On this the `& day of July, in the year of 2025, before me a Notary Public of said State, personally appeared David W.Turnbull, known of identified to me to be a Trustee of The David & Kristin Turnbull Family Trust, the trust that executed the instrument or the person who executed the instrument on behalf of said trust, and acknowledged to me that such trust executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my office seal the day and year in this certificate first above written. UTL LNOTARYPUBLIC w I 22 9 Notary Public or Idaho ET I � M Commission expires: �� �SION EXPIRES 0411012030 Y Instrument # 2025-046163 07/23/2025 08:51:15 AM Page 4 of 9 GRANTOR: SCS INVESTMENTS LLC an Idaho limited liability company BY: 1�ti Michael A. Hall, President STATE OF IDAHO ) ss. County of Ada ) On this � day of June, in the year of 2025, before me a Notary Public of said State, personally appeared Michael A. Hall, known or identified to me to be the President of SCS Investments LLC, the company that executed the instrument or the person who executed the instrument on behalf of said company,and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. DONNA WILSON <' otary Public for Idaho COMMISSION#67674 My Commission expires NOTARY PUBLIC STATE OF IDAHO Instrument # 2025-046163 07/23/2025 08:51:15 AM Page 5 of 9 GRANTEE: CITY OF MERIDIAN Robert E. Si iso Mayor 7-22-2025 Attest by ChFohnso F'``T Ci jerk 7-22-2025 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 7-22-2025 (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 CHARLENE WAY Notary Signature COMMISSION No. 67390 My Commission Expires: 3-28-2028 NOTARY PUBLIC STATE OF IDAHO Water Main Easement Page 3 Version 01/01/2024 Instrument # 2025-046163 07/23/2025 08:51:15 AM Page 6 of 9 E N G I N R 9 R I N G June 25,2025 Project No.:24-164 Apex Northwest Subdivision No.6 City of Meridian Water Easement Legal Description Exhibit A A parcel of land for a City of Meridian water easement being a portion of the Southeast 1/4 of the Northwest 1/4 of Section 31,Township 3 North,Range 1 East,B.M.,City of Meridian,Ada County,Idaho being more particularly described as follows: Commencing at a 5/8-inch rebar marking the Center 1/4 corner of said Section 31,which bears N89.57'15"E a distance of 1,318.94 feet from a 5/8-inch rebar marking the Southwest corner of said Southeast 1/4 of the Northwest 1/4(Center-West 1/16 corner),thence following the southerly line of said Southeast 1/4 of the Northwest 1/4,S89°57'15"W a distance of 586.35 feet; Thence leaving said southerly line, N00.02'45"W a distance of 41.29 feet to POINT OF BEGINNING 1. Thence N00°02'45"W a distance of 36.21 feet; Thence N89`57'15"E a distance of 20.00 feet; Thence 500°02'45"E a distance of 36.21 feet; Thence 589.57'15"W a distance of 20.00 feet to POINT OF BEGINNING 1. Said parcel contains 724 square feet, more or less. TOGETHER WITH: Commencing at said Center 1/4 corner,thence following the easterly line of said Southeast 1/4 of the Northwest 1/4, N00°38'17"E a distance of 45.34 feet to POINT OF BEGINNING 2. Thence leaving said easterly line, N40.31'33"W a distance of 18.58 feet; Thence N49.28'27"E a distance of 16.25 feet to said easterly line; Thence following said easterly line,S00.38'17"W a distance of 24.69 feet to POINT OF BEGINNING 2. Said parcel contains 151 square feet,more or less. Said description contains a total of 875 square feet,more or less,and is subject to all existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. 12459 OF 'N L. 8��'�' (o•ZS ?A 5725 North Discovery Way• Boise, Idaho$3713 •208.639.6939• kmengllp.com Instrument # 2025-046163 07/23/2025 08:51:15 AM Page 7 of 9 P.\24-2641SURVEACAD\EXHIBITS\24.164 CITY OF MERIDIAN WATER EASEMENT TURNBULL FAMILYTRUST.0WG,AARON BALLARD,5/26/2025,DWG TO PDF.PC3,08.5X31 L[PDF] A z O �PQ 0-0 O ZZ O V v'jZ-iWN TI 0 W 'O O 4M -16 C Z zv m o :3 o XICA y 00 o- m ( N z = a� CNN { O0 u � rn p O� m w 0 cn ocn o 0 n N IO UI N O O Xrn X (DD � O m fC frl I W z00, O Iq O O aI Q_ �m OD � -n \In P W c c W W '� a a c� w , X -� <. Z O O imp N`C M. OJ (n C O (D M EA O rip CL r*t I h CL C z O� rrn I cr � C \z -P � O O O O Zm0 a O I r m D\o m m G7.0 O a50 Z?� " w mzX 0D c� � w - , � 00 oN ? N ri 0 in 91 V CITY OF MERIDIAN zo WATER EASEMENT aka?a w� BY OTHERS co 'O m m rn = ° Exhibit B x'' A M Q m _ City of Meridian Water Easement Z FZ N p� �� N G=Z rn O a_Wyo v--M� T g 1p s v m Apex Northwest Subdivision No. 6 p z o SE1/4 NW1/4 Sec 31,T3N, R1E, BM, City of Meridian,Ada County, Idaho A � Instrument # 2025-046163 07/23/2025 08:51:15 AM Page 8 of 9 } 20.00 n89°57'15"e o h, Gwi NO N N IJ? O O s89°5715"w 20.00 Title: 24-164 City of Meridian Water Easement Date: 06-25-2025 Scale: 1 inch= 8 feet File: Deed Plotter-des Tract 1: 0.017 Acres: 724 Sq Feet:Closure=n00.0000e 0.00 Feet: Precision>1/999999: Perimeter=112 Feet 001=n00.0245w 36.21 003=s00.0245e 36.21 002=n89.5715e 20.00 004=s89.5715w 20.00 Instrument # 2025-046163 07/23/2025 08:51:15 AM Page 9 of 9 '1 00 9°tip 3 Vl �f. k t 4 Title: 24-164 City of Meridian Water Easement Date: 06-25-2025 Scale: 1 inch=5 feet File: Deed Plotter.des Tract 1: 0.003 Acres: 151 Sq Feet:Closure=n30.1717w 0.01 Feet: Precision=1/7947: Perimeter= 60 Feet 001=n40.3133w 18.58 003=s00.3817w 24.69 002=n49.2827e 16.25