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HomeMy WebLinkAboutHorse Meadows Subdivision No. 2 ESMT-2025-0104 (2025-067530) Ada County Recorder Trent Tripple 2025-067530 Boise,Idaho Pgs=6 dryalls 10/15/2025 10:16:10 AM CITY OF MERIDIAN IDAHO$0.00 Electronically Recorded Project Name or Subdivision Name: Horse Meadows Subdivision No.2 Sanitary Sewer&Water Main Easement Number: klmtify th,E—n-m byscq,-,KW nawwnber id she I.. ....... this¢yp S,,c mv,u0im,s!ChccHw for addifim.,�l is R,,—fio,, For Internal Use Only ESMT-2025-0104 Record Number: SAN—]TAM 5MB AND—WAIE—R—MMAJ s EASE THIS Easement Agreement made this 14th day of October 20 25 between Idd&O ("Grantor—")and the CityotNeridian,an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main night-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 0 HAVE AND T 0 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 Instrument # 2025-067530 10/15/2025 10:16:10 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 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: 1 STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on 8/19/2025 (date) by Richard Byrd (name of individual), [complete the following ifsigning in a representative capacity, or strike thefollowing ifsigning in an individual capacity] on behalf of KI3 Home Idaho LLC (name of entity on behalf of whom record was executed), in the following representative capacity: vice President„Land Acquistion (type of authority such as officer or trustee) Notary Stamp Below \!'� \L.I/ *ram .. r.� .•"�NOTARY ' PUBLIC COMM#20252770: Notary Signature i 3 MY COMMISSION My Commission Expires: EXPIRES 071101 a•'� �: a� XX Sanitary Sewer andA1�}'tl� �jVl0�etnent Page 2 Version 01/01/2024 Instrument # 2025-067530 10/15/2025 10:16:10 AM Page 3 of 6 GRANTEE: CITY OF MERIDIAN RobertYf Simison,Mayor 10-14-2025 R117IAN4�- \' � SEAT, Attest by Chia Johnson,.. i't Clerk 10-14-2025 STATE OF IDAHO, ) : ss. County of Ada ) 10-14-2025 This record was acknowledged before me on (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 Cha&wWa�- ' COMMISSION No. 67390 NOTARY PUBLIC Notary Signature 03-28-2028 STATE OF IDAHO My Commission Expires: Sanitary Sewer and Water Main Easement Page 3 Version 01/01/2024 Instrument # 2025-067530 10/15/2025 10:16:10 AM Page 4 of 6 Exhibit A Horse Meadow Subdivision No. 2 April 6, 2025 A portion of the Northwest 1/4 of the Southwest 1/4 of Section 10, Township 3 North, Range 1 West, Boise-Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the 1/4 corner common to Sections 9 and 10, T.3N,, RAW, B.M., from which the Section corner common to Sections 9, 10, 15 and 16, T.3N., R.1 W., B.M., bears South 0°38'55"West, 2653.02 feet; thence on the north boundary line of the Northwest 1/4 of the Southwest 1/4 of said Section 10 coincident with the north boundary line of Horse Meadows Subdivision as filed in Book 129 of Plats at Pages 21213 through 21216, records of Ada County, Idaho , South 89'11'35" East, 525.09 feet; thence leaving said north boundary line on the east boundary line of said Horse Meadow Subdivision, South 00°38'55"West, 395.52 feet; thence leaving said east boundary line, 37.26 feet on the arc of a non-tangent curve to the left having a radius of 476.50 feet, a central angle of 04°28'49", and a long chord which bears North 88°46'33" East, 37.25 feet; thence North 86°32'08" East, 218.23 feet to the POINT OF BEGINNING; thence continuing North 86°32'08" East, 24.01 feet; thence South 05'15'31" East, 43.68 feet; thence North 89°21'54"West, 24.13 feet; thence North 05'15'31"West, 41.95 feet to the POINT OF BEGINNING, Containing 1,028 square feet or 0.024 acres, more or less. End of Description. N, L A y 11779 OF MCC Pace 1 of 1 Instrument # 2025-067530 10/15/2025 10:16:10 AM Page 5 of 6 ( I Basis of Bearings J ° S00.38'55"W 2653.02' N. Black Cat Rd c� __w < P CA CD n,'a N o r ,- N rn a �0k*S+p C5 O Ln c r m C/I '80 U)- � - C �... T1 � P — < ( ,1/ 9� I p I a� (n D �7 N < -n O - Z S (D lJ 00 O ! 0 r a n w CD ti m C7 C N. Tessa Ave, o c" a s a CD m f a p S00'38'55"W 395.52` S (D Z dco CO\ O S CD ° m C rl " Q rrQ o � a co i m \. < o x r r r Jn a O N• W fi P Qj W N MCD O A �• l0. O O j Z Z (n Z I cn m m r Z t�� N LTI 0 CD C d (D ? N N f- C7 ik 1 O k ^7 C, cr W co S f Nam ' C7 - N ° 0 U O I � N � Instrument # 2025-067530 10/15/2025 10:16:10 AM Page 6 of 6 Err"A" K13 HOME IDAHO LLC RESOLLTHONS ADOPTED AS OF FEBRUARY 5.,2025 Signing Authority RESOLVED, that the following resolutions shall,effective as of the date hereof.,supersede and replace any and all resolutions previously adopted with respect to the powers and authority herein granted including,but not limited to,resolutions adopted as of July 29,2024,and any such prior authority is hereby revoked and restated in its entirety as follows: RESOLVED FURTHER-that the following officers andlor employees of this Company be,and each hereby is,authorized to act on behalf of this Company-provided, however.that such authority shall be limited to such authority as may be provided herein below and to other ordinary course of business transactions relating to the operations of this Company as indicated herein belo,.v,: Stan Katanic President Aaron Hirschi Executive Vice President[Regional General Manager] Kevin Corbett Vice President,Finance Richard Byrd Vice President,Land Acquisition Colin Stnith Vice President,Land Acquisition Dustin MeGaughy Vice President,Sales,Mariceting and Studio Anthony Gordon Assistant Secretary Brice Fowler Senior Director,Operations Scott Curtis Director,Land Development Sabrina Duitschi Director,Forward Planning Natasha Tucker DUP Manager RESOLVED FURTHER-that any one of the follo-,ving persoris,acting alone-,be, and each hereby is,authorized and empowered on behalf and in the name of this Company and any Company Entity(which,for these purposes is(a)any limited liability company in which this Company is the sole member and(b)any partnership in which this Company is the general partner)to execute,acknowledge and deliver any and all documents deemed by such person to be necessary or appropriate in connection with the disposition an&or acquisition and development of real property by this Company or any Company Entity,including,but not limited to,land purchase and We agreements-, purchase and sale agreements related to lots and residential dwellings,amendments, assignments,escrow instructions,grant deeds.,promissory notes,deeds of trust,maps., agreements,miLuncipal bond transactions and related docunients: Stain Katanic <- Aaron Hirsehi Kevin Corbett Richard Byrd <- provided that,and without limiting any of the foregoing,Anthony Gordon, Assistant Secretary,acting alone,be,and he hereby is,authorized and empowered on behalf and in the name of this Company and any Company Entity to execute, acknowledge and deliver any notices required under an effective land purchase or sale agreement,including,without limitation title objection and approval notices,notices to proceed or to waive feasibility or closing conditions,notices of cancellation or termination and notices of default-,