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HomeMy WebLinkAboutStapleton Apartments Sanitary Sewer and Water Main Easement No 2 ESMT-2025-0090 (2025-051713) Ada County Recorder Trent Tripple 2025-051713 Boise,Idaho Pgs=6 cfowler 08/13/2025 08:04:27 AM CITY OF MERIDIAN IDAHO$0.00 Electronically Recorded Project Name or Subdivision Name: Stapleton Apartments Sanitary Sewer&Water Main Easement Number: 2 Identify lhis Easement by sequential number irthe project contains morn than one easement of this typo See instmcliquslchecklist for additional inforinalion. For Internal Use Only ESMT-2025-0090 Record Number: SAIflTARY SEWE R AND WATFR MM EAS THIS Easement Agreement made this 12th day of August 20 25 between C4 Land, 1_LC ("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 0 1/0 1/2024 a Instrument # 2025-051713 08/13/2025 08:04:27 AM Page 2 of 6 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 ofany kind. IN WITNESS WHEREOF, the said patties ofthe first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: C4 Land, LLC A AA_ STATE OF IDAHO ) ) ss County of Ada JU I�U'A This record was acknowledged before me on 7date) by Jim Conger — (name of individual), [complete theyollowAg ifsigning in a representative capacity, or strike the following ifsigning in an individual capacity] on behalf of C4 Land, LLC (name of entity on behalf of whom record was executed), in the following representative capacity:Member (type of authority such as officer or trustee) L.4 h.i*1 AA OTARy% Notary Signature a lop: My Commission Expires: lop 40 00 Sanitary Sewer an" r ain Easement Page 2 Version 01/01/2024 Instrument # 2025-051713 08/13/2025 08:04:27 AM Page 3 of 6 GRANTEE: CITY OF MERIDIAN Robert E. Si iso ,Mayor - - 2025 � ! � SF,AL Attest by C is Johns `"';" ity 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 f dow CHARLENE WAY COMMISSION No. 67390 NOTARY PUBLIC Notary Signature STATE OF IDAHO My Commission Expires; 3-28-2028 Sanitary Sewer and Water Main Easement Page 3 Version 01/01/2024 Instrument # 2025-051713 08/13/2025 08:04:27 AM Page 4 of 6 kim E N G I N E E P I N G July 23,2025 Project No.23-096 City of Meridian Sewer and Water Easement Exhibit A A parcel of land for a City of Meridian Sewer and Water Easement over a portion of Lot 20,Block 6 of Stapleton Subdivision No.2(Book 124 of Plats,Pages 19782-19786),situated in the Southeast 114 of Section 25,Township 3 North,Range 1 West,Boise Meridian,City of Meridian,Ada County, Idaho and being more particularly described as follows: Commencing at a found 1/2-inch rebar marking the Northwest corner of said Lot 20,which bears N36047'10"W a distance of 369.68 feet from a found 1/2-inch rebar marking the westerly angle point of said Lot 20,thence following the boundary of said Lot 20,S36°47'10"E a distance of 134.34 feet; Thence leaving said boundary,1\189°54'20"E a distance of 54.15 feet to the POINT OF BEGINNING. Thence 589°29'21"E a distance of 10.00 feet to an existing City of Meridian Sewer and Water Easement per Instrument No,2024-012763; Thence following said existing easement,S00"30'39"W a distance of35.53 feet; Thence leaving said existing easement, N89°29'21"W a distance of 10.00 feet; Thence MOD°30'39"E a distance of 35.53 feet to the POINT OF BEGINNING. Said parcel contains 355 square feet,more or less,and is subject to all existing easements and/or rights-of-way of record or implied. All subdivisions,deeds,records of surveys,and other instruments of record referenced herein are recorded documents of the county in which these described lands are situated. Attached hereto is Exhibit B and by this reference is made a part hereof. �oNKt. LANps 1wN5fp G,z �6 DTf OF NY�ASO 5725 North Discovery Way • Boise, Idaho 83713 • 208.639.G939• kmenglip.com Instrument # 2025-051713 08/13/2025 08:04:27 AM Page 5 of 6 Y:\23-0961CAD\SLIRVEnEXHIBIYS\23.096 CETY Of MERIDIAN SEWER AND WATER CASEMENT EXTENSION 250723,DWG,TREY Z110MERMAN,7/Z3/2025,DWG TO POUC3,03.SX11 L{PI)F] G) I © o z a o Z M 0 0n n cn m c� �.ak -< > � Z rn n �� Z z z z z —I ZI - M M WUZ0 I rn 0 m U:Cn e-h -� Ct [ 0 O tsy M Cn L2 QJ rr �a o o I 4---- -�—, rD / MQ I I �a z 0 > I I (D 30.00' CITY OF MERIDIAN SEWER I--'AND WATER EASEMENT PER INST. f I I No. 2024-012763 � z J I m z cn 0 r 1 1 0 t 1 1 a � m j ( Z rT F >� r m ,coil o t`A o n 0 60 120 180Cn '. 0 � 0 n Plan Scale: V = 60' Im rn N z Exhibit B Mmm M City of Meridian Sewer and Water Easement o A o m `n nn ;Q I-1 A parcel of land over a portion of Lot 20,Block 6 of Stapleton Subdivlslon No.2,situated Z o o in the Southeast 1/4 of Section 25,T.3N.,RAW,,B.M.,city of Meridian,Ada County,Idaho OI N Instrument # 2025-051713 08/13/2025 08:04:27 AM Page 6 of 6 sas°za'21°e 10 v � a LO MLOIfs M �M CO 0 O C N 10 n89"29'21"w 7/23/2025 Scale: 1 inch= 5 feet Fife: Tract 1:0.0082 Acres(355 Sq.Feet),closure:n00,0000e 0.00 ft.(1/999999),Perimeter=91 ft. 01 s89.2921e 10 02 s00.3039w 35.53 03 n89.2921w 10 04 n00.3039e 35.53