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HomeMy WebLinkAboutVanguard Village Sub. No. 1 Sanitary Sewer and Water Main Easment No. 2 ESMT-2025-0093 (2025-051715) Ada County Recorder Trent Tripple 2025-051715 Boise,Idaho Pgs=5 cfowler 08/13/2025 08:04:27 AM CITY OF MERIDIAN IDAHO$0.00 Electronically Recorded Project Name or Subdivision Name: Vanguard Village Sub. No. 1 Sanitary Sewer&Water Main Easement Number: 2 Identify this Easement by sequential number if the project contains more than one easement of this type.See instructions/checklist for additional information. ESMT-2025-0093 SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement made this 1.2th day of_August 2025 between Ten Mile Commercial 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 I Version 01/01/2024 Instrument # 2025-051715 08/13/2025 08:04:27 AM Page 2 of 5 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 casement 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 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: Ten Mile Commercial LLC \\�0 t 11 ` Np R A ;'o �0YAR y �. PUBI��oj STATE OF IDAHO ) %� ss County of Ada ) This record was acknowledged before me on 05 Z1 2DZ5 (date) by Ch�tS Rhl uc, +(name of individual), [complete the following ifsigning in a representative capacity, or strike the following ifsigning in an individual capacity] on behalf of`T� M.�1� C doP,LLC(name of entity on behalf of whom record was executed), in the following representative capacity: M&notg.2,,� (type of authority such as officer or trustee) Notary Stamp Below Notary Signature My Commission Expires: 0 Sanitary Sewer and Water Main Easement Page 2 Version 01/01/2024 Instrument # 2025-051715 08/13/2025 08:04:27 AM Page 3 of 5 GRANTEE: CITY OF MERIDIAN Robert E. Si 'so Ma or 8-12-2025 � SEAL Attest by s Johnson,City Clerk 8-12-2025 STATE OF IDAHO, ) : ss. County of Ada } This record was acknowledged before me on 8-12-2025 (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 COMMISSION No. 67390 Notary Signature NOTARY PUBLIC My Commission Expires: 3-28-2028 STATE OF IDAHO Sanitary Sewer and Water Main Easement Page 3 Version 01/01/2024 Instrument # 2025-051715 ARDURRA 08/13/2025 08:04:27 AM Page 4 of 5 Project No: 240076 Date: July 21, 2025 Page 1 of 1 EXHIBIT A PERMANENT EASEMENT DESCRIPTION A permanent easement located in the NE1/4 of the SW1/4 of Section 15,Township 3 North, Range 1 West, Boise Meridian, City of Meridian,Ada County, Idaho, more particularly described as follows: COMMENCING at the center west one-sixteenth corner of said Section 15 from which the center one- quarter corner of said Section bears S.89°14'48"E., 1322.78 feet; thence, along the north boundary of said NE1/4 of the SW1/4, A. S.89014'48"E., 813.29 feet; thence, B. S.00045'12"W., 25.50 feet to a point on the south right-of-way of W. Grand Mogul Drive; thence, C. S.13034'35"W., 33.79 feet; thence, D. S.00045'12"W., 154.50 feet to the POINT OF BEGINNING; thence, 1. S.89014'48"E., 226.00 feet; thence, 2. S.39031'08"E., 69.01 feet; thence, 3. S.50028'52"W., 37.00 feet; thence, 4. N.39031'08"W., 51.87 feet; thence, 5. N.89014'48"W., 208.86 feet; thence, 6. N.00045'12"E., 37.00 feet to the POINT OF BEGINNING. CONTAINING: 0.24 Acres ^`�NpL LALA p E`N,� Or (,/ 0 �376570 U�, 7/2�/25 9TF 0 F �4P 0'MAC-��`y 332 N.Broadmore Way ID 83687 208.442.6300 Instrument # 2025-051715 08/13/2U23-W,04:27 AM Page 5 of 5 N O N (St D r � '— z N M D PR�FF z cn o o� ays w o r > m 0 y o m N D : z O � Ul 2 :E co qx/O (Acn o c0 O C) m M T 0 0 z i U) o S T w G Z7 O z I z O S < O MM CA > r0 m N I G) > __ S. 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