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HomeMy WebLinkAboutFirenze Plaza McDonalds ESMT-2025-0112 (2025-060221) Ada County Recorder Trent Tripple 2025-060221 Boise,Idaho Pgs=6 dryalls 09/17/2025 08:21:25 AM Project Name or Subdivision Name: CITY OF MERIDIAN IDAHO$25.00 Firenze Plaza McDonalds Water Easement Electronically Recorded Water Main Easement Number: 01 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-2025-0112 Record Number: WATER MAIN EASEMENT THIS Non—Exclusive Easement Agreement made this 16th day of September 20 25 between First Meridian Limited Partnership,a Wyoming limited partnership("Grantor")and the City ofMeridian,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 unto the Grantee the right- of-way for a non—exclusive easement for the operation and maintenance of water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The non-exclusive 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 non-exclusive 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 malting repairs or performing other maintenance, Grantee shall restore the area of the non-exclusive 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 non-exclusive easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor shall not place or allow to be placed any permanent structures or obstructions within the non-exclusive easement area that would interfere with Grantee's use of said non-exclusive 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 non-exclusive easement hereby granted shall become part of,or lie within the boundaries of any Water Main Easement Page 1 Version 0 1/0 1/2024 ' Instrument # 2025-060221 09/17/2025 08:21:25 AM Page 2 of 6 public street, then, to such extent, such right-of-way and non-exclusive 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 non-exclusive 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: First Meridian Limited Partnership, A Wyoming limited partnership By: Western Pacific Holdings,Inc., alifornia corporation, its general partner 5 J - By. Darryl Brown n,Prest lent STATE OF IDAHO ) ss County of Ada ) This record was acknowledged before me on (date) by (name of individual), [complete the following l signin in a representative capacity, or strike the following if signing in an individual capacity] on behalf of First Meridian Limited Partnership (name of entity on behalf of whom record was ecuted), in the following representative capacity: (type authority such as officer or trustee) Notary Stamp Below Notary Signature My Commission Expires: Water Main Easement Page 2 Version 01/01/2024 '� Instrument # 2025-060221 09/17/2025 08:21:25 AM Page 3 of 6 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 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 validity of that document. State of California County of Etl - 3A On _ ems a 2 L before me, � t,• �V Date Here Insert Name and Title of the Officer personally appeared 1 A- egAL_ Name of Signer(sa who proved to me on the basis of satisfactory evidence to be the person(sf whose named is/fie subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(, and that by his/her/their signatureX on the instrument the personv,or the entity upon behalf of which the person(9 acted, executed the instrument. I certify under PENALTY OF PERJURY under the AtUSON D.KLEIN laws of the State of California that the foregoing Notary Public•California paragraph is true and correct. *my Contra Costa County Commission N 2417438 WITNESS my h d and official seal.Comm.Expires Oct 19,2026 Signatur Place Notary Seal and/or Stamp Above Signature of N tarub 'c OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ItT 1/11� �<�t✓��'T Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer— Title(s): ❑ Corporate Officer— Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: ©2019 National Notary Association Instrument # 2025-060221 09/17/2025 08:21:25 AM Page 4 of 6 GRANTEE: CITY OF MERIDIAN By: Luke Cavener, C mlresident 9-16-2025 t Attest: By hris Johnson, City Clerk 9-16-2025 STATE OF IDAHO ) :ss County of Ada This record was acknowledged before me on 9-16-2025 by Luke Cavener and Chris Johnson on behalf of the City of Meridian, in their capacities as City Council President and City Clerk, respectively. ChoaLz4�� )u CHARLENE WAY Notary Signature COMMISSION No. 67390 My Commission Expires: 3-28-2028 NOTARY PUBLIC STATE OF IDAHO Instrument # 2025-060221 Kimley>>>Horn 09/17/2025 08:21:25 AM Page 5 of 6 August 14, 2025 Exhibit "A" Project Name:Firenze Plaza McDonald's Water Easement Water Main Easement Number., 01 Located within Lot 1, Block 1 Firenze Plaza Subdivision, on file in Book 124, Pages 19867- 19871 Official Records of Ada County, Idaho, being part of the Southeast Quarter of Section 29, Township 3 North, Range 1 East, Boise Meridian, City of Meridian,Ada County, Idaho and being more particularly described as follows: Commencing at the Southeast Corner of Section 29, Township 3 North, Range 1 East, Boise Meridian,from which the South Quarter Corner of said Section 29 bears North 89043'46"West, 2656.17 feet; Thence, along said section line, North 89°43'46"West, 439.88 feet; Thence, leaving said section line, North 0°37'49" East, 65.22 feet a 1/2" rebar with cap marked "MSF 13550" marking the Southwest Corner of said Lot 1; Thence North 0037'49" East, a distance of 137.78 feet to a 1/2" rebar with no cap marking the Northeast Corner of said Lot 1; Thence, along the North line of said Lot 1, North 89024'15"West,29.43 feet to the POINT OF BEGINNING; Thence South 00°02'25" East, 15.41 feet; Thence South 89°57'35"West, 35.34 feet; Thence North 00°02'25"West, 15.80 feet to the North line of said Lot 1; Thence, along said North line, South 89°24'15" East, 35.35 feet to the POINT OF BEGINNING. Containing: 551 Square Feet or 0.01 acre. NL LA/VD SG ENs�cO ,QL a 5071167 cn, �t/is a �� � instrument - 09/17H {0014FR§ ERqge;%8#'R)N 29,T3N, R1 E,B.M. 28 FOUND 2"ALUMINUM CAP (CP&F NO.2022-009893) 29 NORTH GRAPHIC SCALE IN FEET 50, 0 25' 50' 100, LOT 2,BLOCK 1 FIRENZE PLAZA SUBDIVISION 1" = 50' @8.5X11 POB N89°24'15"W L4 29.43' @ JL — — JJ U L2 a� co EASEMENT AREA: 0.01 ACRE E 551 SQ. FT. m N co C N' LOT 1, BLOCK 1 o FIRENZE PLAZA SUBDIVISION N 42,700 SQ. FT.OR 0.980 ACRE N 0 0 cl) � Z Z Q m :n x w rn iu E U N @ N w Iui SOUTH QUARTER CORNER OF SECTION 29,T3N,R1E,B.M. z FOUND 2"ALUMINUM CAP rn Nr (CP&F NO.2017-120266) z ° POC 0 ° 29 1. 439,88' 29 28 _ N89°43'46"W 2656,17' — m 32 (BASIS OF BEARINGS) 32 33 v ID LEG EN Q SOUTHEAST CORNER OF SECTION 29,T3N,R1 E,B.M. FOUND 3.5"BRASS CAP (CP&F NO.2022-009892) X SECTION LINE w BOUNDARY LINE U TIE LINE NNL LAN d — — — — — — EASEMENT LINE LINE TABLE 0 ENS GAG FOUND SECTION CORNER NO. BEARING LENGTH u- p �� FOUND QUARTER CORNER 4 p L1 S00°02'25"E 15.41' 5071167 70 ® FOUND 1/16TH CORNER 0 aI Cl1\ 0 O FOUND 1/2"REBAR WITH CAP"MSF 13550" L2 S89°57'35"W 35.34' c FOUND 1/2"REBAR(NO CAP) L3 N00°02'25"W 15.80' gVls BRP�� CALCULATED POINT(NOTHING SET) L4 S89°24'15"E 35.35' POC POINT OF COMMENCEMENT 0 POB POINT OF BEGINNING U °' or PROJECT: TITLE: JOB NO.: 093649018 Ki mleyu))Horn FIRENZE PLAZA SCALE: 1"=50' 0 1100 W.IDAHO STREET MCDONALD'S WATER EASEMENT EXHIBIT "B" DATE: 2025 08 14 10 B01SE,IDAHDAHO 83702 WATER MAIN EASEMENT NUMBER: 01 SHEET: U� PHONE:(208)297-2885 00 www.kimley-horn.com SHEET 2 OF 2 y „��........�...,,m"...«..,.��tt�.....,"K�.,,.,.-�...•a,...«�....o--.P..�.<.a�...,��...,a..,....."..............o.,�a,..,.�....,...µ,.,�,,,.m.,,,...�-.,...�.-.,:o.e...,.."..,....�..e.�.,,..�.w,".,..�,••.�.,.,o......m,»a.�,."..t a....."...,..�.,�,«......>.�"„