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HomeMy WebLinkAboutApex Northwest Subdivision No. 6 Water Main Easemnt No. 2 ESMT-2025-0082 (2025-051709) Ada County Recorder Trent Tripple 2025-051709 Project Name or Subdivision Name: Boise,Idaho Pgs=8 cfowler 08/13/2025 08:04:27 AM CITY OF MERIDIAN IDAHO$0.00 Apex Northwest Subdivision No.6 Electronically Recorded 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. For Internal Use Only ESMT-2025-0082 Record Number: WATER MAIN EASEMIENT THIS Easemento ent made this 1 2th day of—August 2025 between QWT Investments LLC &SQSH Rnwerties LLC ("Grantor")and the City of Meridian, 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 WHEREAS , the water main 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 to the Grantee the right- of-way for an easement for the operation and maintenance of water mains over and across the following described property. (SEE ATTACHED EXHEBITS 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 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 oft is 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 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 Water Main Easement Page 1 Version 01/01/2024 Instrument # 2025-051709 08/13/2025 08:04:27 AM Page 2 of 8 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 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 # 2025-051709 08/13/2025 08:04:27 AM Page 3 of 8 GRANTOR: DWT INVESTMENTS LLC an Idaho limited liability company By: Brighton Corporation, an Idaho corporation, Manager P By: Robert 1Y Phillips, President STATE OF IDAHO ) :SS. County of Ada ) On this day of June, in the year 2025, before me, the Notary Public in and for said State, personally appeared Robert L. Phillips, known or identified to me to be the President of Brighton Corporation, the Manager of DWT Investments LLC, the corporation 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. G Notary Public for Idaho My Commission expires - SHARI VAUGHAN COMMISSION#20181002 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 06/01/2030 Instrument # 2025-051709 08/13/2025 08:04:27 AM Page 4 of 8 GRANTOR: SCSH PROPERTIES LLC, an Idaho limited liability company By: SCS Management LLC, an Idaho limited liability company Its: Manager By: ';4 /�' ,, '� L"I-(, 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 Management LLC,the Manager of SCSH Properties LLC,an Idaho limited liability company,who subscribed said limited liability company name to the foregoing instrument, and acknowledged to me that he executed the within instrument on behalf of said limited liability company, and that such limited liability company executed the same in said limited liability company name. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. / 'Notary Public for Idaho DONNA WILSON My Commission expires COMMISSION#67674 NOTARY PUBLIC STATE OF IDAHO Instrument # 2025-051709 08/13/2025 08:04:27 AM Page 5 of 8 GRANTEE: CITY OF MERIDIAN Robert E. Simi ayor 8-12-2025 � SEAL Attest b Chris Jo son, 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 Notary Signature 3-28-2028 COMMISSION No. 67390 My Commission Expires: NOTARY PUBLIC STATE OF IDAHO Water Main Easement Page 3 Version 01/01/2024 Instrument # 2025-051709 08/13/2025 08:04:27 AM Page 6 of 8 E N G I N E E 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 Southwest 1/4 of the Northeast 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 S89057'56"W a distance of 1,300.68 feet from a 5/8-inch rebar marking the Southeast corner of said Southwest 1/4 of the Northeast 1/4(Center-East 1/16 corner),thence following the westerly line of said Southwest 1/4 of the Northeast 1/4 N00.38'17"E a distance of 45.34 feet to the POINT OF BEGINNING. Thence following said westerly line, N00°38'17"E a distance of 24.69 feet; Thence leaving said westerly line, N49.28'27"E a distance of 3.75 feet; Thence S40.31'33"E a distance of 18.58 feet; Thene S49.28'27"W a distance of 20.00 feet to the POINT OF BEGINNING. Said parcel contains a total of 221 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. a a 12459 , o OF lgs k Z. 9�1' 5725 North Discovery Way• Boise,Idaho 83713 • 208.639.6939• kmengllp.com Instrument # 2025-051709 08/13/2025 08:04:27 AM Page 7 of 8 P.\24-164\SURVEY\CAO\EXHIBITS\24-164 CITY OF MERIDIAN WATER EASEMENT DWT INVESTMENTS.DWG,AARON BALLARD,6/26/2025,DWG TO PDF.PC3,08.5X11 L[PDF] 52 m� o mXo cu 0Z N)m �o z� °' _ Mza z 0 ca m (A z 0 II A N00'38'17"E 45.34' (TIE) '«a (A z _N 00 4 ' p �pp N Cz2 oN Co0 (*1 z f -Op 00 Ga (n I ��a w w M m N1 mora�� � W m ro � cmC �M 10 ( D U� in `�°. m cn m cr- r 9 - --- X 0 o "' ,0 I�� Z =rM m (A z :E a Iw ° CID o 0o z rn '+ b) Do M N z o I m I c z o , N 0 rn M M ;0 ;U oy 0 m = o D �Z Exhibit B M OCR m a .. 3 m mA- City of Meridian Water Easement M— XZ m n W W g m Apex Northwest Subdivision No. 6 w 3 ° n z o SW1/4 NE1/4 Sec 31,T3N, R1E, BM, City of Meridian,Ada County, Idaho Q � V, Instrument # 2025-051709 08/13/2025 08:04:27 AM Page 8 of 8 i i �P � 60 NM O 1c� �90 ti�oo Title: 24-164 City of Meridian Water Easement Date: 06-25-2025 Scale: 1 inch=5 feet File: Deed Plotter.des Tract 1: 0.005 Acres: 221 Sq Feet:Closure=s30.1717e 0.01 Feet: Precision=1/8948: Perimeter= 67 Feet 001=n00.3817e 24.69 003=s40.3133e 18.58 002=n49.2827e 3.75 004=s49.2827w 20.00