HomeMy WebLinkAboutZenith Subdivision ESMT-2025-0156 (2025-079839) Ada County Recorder Trent Tripple 2025-079839
Boise,Idaho Pgs=16 boberbillig 12/03/2025 08:06:29 AM
CITY OF MERIDIAN IDAHO$0.00
Electronically Recorded
Project Name or Subdivision Name:
Zenith Subdivision
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.
For Internal Use Only ESMT-2025-0156
Record Number:
SANITARY SEWER AND WATER MAIN EASEMENT
THIS Easement Agreement made this 2nd day of December 2025 between DWT
Investments LLC, an Idaho limited liability company, SCSH Properties LLC, an Idaho
limited liability company and SCS Investments LLC, (collectively "Grantor") and the City of
Meridian, an Idaho Municipal Corporation("Grantee");
WHEREAS,the Grantor owns that certain property legally described on Exhibit A attached
hereto(the"Grantor Property"),and Grantor desires to provide a sanitary sewer and water
main right-of-way across a portion of the premises and property hereinafter particularly
bounded,described and depicted on Exhibit B attached hereto(the"Easement Area");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(the"Easement")over and across the Easement Area.
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 cost and expense of the Grantee,with the free right of access to such
facilities located within the Easement Area as reasonably necessary for Grantee's
maintenance and repair of such facilities at any and all reasonable times, provided,
however, that, prior to such entry upon Grantor's Property, Grantee shall provide written
notice to Grantor of such repair,or replacement activities(except in emergencies). Grantee
shall perform such maintenance,repair,or replacement activities so as not to unreasonably
interfere with Grantor's use and operation of the Grantor Property.
TO HAVE AND TO HOLD,the Easement unto the said Grantee,its successors and assigns
forever, subject to the conditions set forth herein.
Sanitary Sewer and Water Main Easement Page 1 Version 01/01/2024
FG: 103852405.6
Instrument # 2025-079839
12/03/2025 08:06:29 AM Page 2 of 16
IT IS EXPRESSLY UNDERSTOOD AND AGREED,by and between the parties hereto,
that after making repairs or performing other maintenance or replacement activities upon
the Easement, Grantee shall restore the Grantor Property to the condition existing prior to
Grantee's entry upon Grantor's Property. However, Grantee shall not be responsible for
repairing,replacing,or restoring anything placed within the Easement Area that was placed
there in violation of the terms 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 Easement Area only that would
materially interfere with Grantee's use of the Easement, including, but not limited to,
buildings, trash enclosures, carports, sheds, fences, trees, or deep-rooted shrubs. The
foregoing restrictions shall not prohibit Grantor's legal use of the Easement Area that does
not conflict with the Grantee's enjoyment of the Easement, including, but not limited to,
parking and landscaping over the Easement Area.
THE GRANTOR covenants and agrees with the Grantee that should any part of the
Easement Area become part of, or lie within the boundaries of any public street, then, to
such extent, such 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 as of the date of this
Agreement, Grantor is lawfully seized and possessed of the Easement Area, and that
Grantor has a good and lawful right to convey said easement to Grantee, and that Grantor
shall use commercially reasonable efforts to defend the title and quiet possession thereof
against lawful claims related thereto.
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.
[Signatures on next page]
Sanitary Sewer and Water Main Easement Page 2 Version 01/01/2024
FG: 103952405.6
Instrument # 2025-079839
12/03/2025 08:06:29 AM Page 3 of 16
GRANTOR: DWT INVESTMENTS LLC
an Idaho limited liability company
By: Brighton Corporation,an Idaho
corporation, Man a
By:
Robert L. Phillips, President
STATE OF IDAHO )
:ss.
County of Ada )
On this¢M day of November, in the year of 2025, before me a Notary Public of 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,an Idaho limited liability company,
the company 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.
L Lti t 2 Nr-
Notary Public for Idah
My Commission expires: (a- 0a 30
SH11
ARI VAUGHAN
COMMISSION#20181002
NOTARY PUBLIC
STATE OF IDAHO
MY COMMISSION EXPIRES 06/01/2030
Instrument # 2025-079839
12/03/2025 08:06:29 AM Page 4 of 16
GRANTOR: SCSH Properties LLC
an Idaho limited liability company
By: SCS Management LI-C
Its: Manager
By: I
Michael 4AHall, Pres dent
STATE OF IDAHO }
:ss.
County of Ada }
On this 3 r4 day of November, 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, the company 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.
c�5,L r\
SHARI VAUGHAN Notary Public for Idaho QJ
COMMISSION#20181002 My Commission expires: (o-
NOTARY PUBLIC
STATE OF IDAHO
[My COMMISSION EXPIRES 06/01/2030
Instrument # 2025-079839
12/03/2025 08:06:29 AM Page 5 of 16
GRANTOR: SCS INVESTMENTS LLC
an Idaho limited liability company
By: 14. M&4
Micha l A. Hall, President
STATE OF IDAHO )
:SS.
County of Ada )
On this 31-4 day of November, 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 Investments LLC, an Idaho limited liability company, the company 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.
Notary Public for Idaho
SHARI VAUGHAN My Commission expires:
COMMISSION#20181002
NOTARY PUBLIC
STATE OF IDAHO
MY COMMISSION EXPIRES 06/01/2030
Instrument # 2025-079839
12/03/2025 08:06:29 AM Page 6 of 16
GRANTEE: CITY OF MERIDIAN
Roe imi on, ayor 12-2-2025
� SF,AL
Attest by 's Johns"""`;' ity Clerk 12-2-2025
STATE OF IDAHO )
: ss.
County of Ada )
This record was acknowledged before me on 12-2-2025 (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 PUBLIC Notary Signature
STATE OF IDAHO My Commission Expires.4-
: 28-2028
Sanitary Sewer and Water Main Easement Page 6 Version 01/01/2024
Instrument # 2025-079839
12/03/2025 08:06:29 AM Page 7 of 16
a
E N G I N E E R I N G
February 20,2025
Project No.:22-075
Apex Zenith Property Boundary Adjustment
Parcel C
Legal Description
Exhibit A
A parcel of land being a portion of the Northwest 1/4 of Section 6,Township 2 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 Northwest corner of Government Lot 3 of said Section 6,
which bears S89°42'12"E a distance of 1,189.98 feet from an aluminum cap marking the Northwest
corner of said Section 6,thence following the westerly line of said Government lot 3,S00°26'49"W a
distance of 77.48 feet to a 5/8-inch rebar on the southerly right-of-way of W. take Hazel Road;
Thence leaving said westerly line and following said southerly right-of-way,589'42'12"E a distance of
1.28 feet to a 5/8-inch rebar being the POINT OF BEGINNING.
Thence leaving said southerly right-of-way,S00°17'48"W a distance of 405.73 feet to a 5/8-inch rebar;
Thence 77.82 feet along the arc of a curve to the right,said curve having a radius of 49.50 feet, a delta
angle of 90°04'16",a chord bearing of S45"19'56"W,and a chord distance of 70.05 feet to a 5/8-inch
rebar;
Thence S76°15'37"W a distance of 20.62 feet to a 5/8-inch rebar;
Thence N89°42'12"W a distance of 89.82 feet to a 5/8-inch rebar;
Thence 500°17'48"W a distance of 71.28 feet to a 5/8-inch rebar;
Thence 57.91 feet along the arc of a curve to the right,said curve having a radius of 384.50 feet,a delta
angle of 08'37'48",a chord bearing of S83°11'35"E,and a chord distance of 57.86 feet to a 5/8-inch
rebar;
Thence S62°37'53"E a distance of 19.60 feet to a 5/8-inch rebar;
Thence 58.20 feet along the arc of a curve to the right,said curve having a radius of 109.50 feet,a delta
angle of 30"27'18",a chord bearing of 559'56'16"E,and a chord distance of 5752 feet to a 5/8-inch
rebar;
Thence S44°42'37"E a distance of 22.65 feet to a 5/8-inch rebar;
Thence 94.77 feet along the arc of a curve to the right,said curve having a radius of 156.50 feet,a delta
angle of 34°41'42", a chord bearing of S27021'46"E,and a chord distance of 93.33 feet to a 5/8-inch
rebar;
Thence 68.66 feet along the arc of a compound curve to the right,said curve having a radius of 381,50
feet,a delta angle of 10°1842",a chord bearing of SO4°51'33"E,and a chord distance of 68.57 feet to a
5/8-inch rebar;
Thence 500'17'45"W a distance of 559.21 feet to a 5/8-inch rebar;
Thence 538°20'37"W a distance of 28.79 feet to a 5/8-inch rebar;
Thence N89'42'12"W a distance of 1,144.90 feet to a 5/8-inch rebar;
Thence N00°51'06"E a distance of 659.22 feet to a 5/8-inch rebar;
Thence S89°42'12"E a distance of 34.70 feet to a 5/8-inch rebar;
Thence N00°17'48"E a distance of 3859 feet to a 5/8-inch rebar;
Thence 589°42'12"E a distance of 84.68 feet to a 5/8-inch rebar;
5725 North Discovery Way o Boise,Idaho 83713 • 208.639.6939 a kmengllp.com
Instrument # 2025-079839
12/03/2025 08:06:29 AM Page 8 of 16
Thence 153.99 feet along the arc of a curve to the left,said curve having a radius of 250.00 feet,a delta
angle of 35°17'31",a chord bearing of N72°39'02"E, and a chord distance of 151.57 feet to a 5/8-inch
rebar;
Thence N55600'16"E a distance of86.58 feet to a 5/8-inch rebar;
Thence 117.03 feet along the arc of a curve to the right,said curve having a radius of 190.00 feet,a delta
angle of 35°17'31",a chord bearing of N72°39'02"E,and a chord distance of 115.19 feet to a 5/8-inch
rebar;
Thence S89°42'12"E a distance of 431.00 feet to a 5/8-inch rebar;
Thence N00°17'48"E a distance of 512.71 feet to a 5/8-inch rebar on the southerly right-of-way of said
W. Lake Hazel Road;
Thence following said southerly right-of-way the following five(5)courses:
1. S89°42'12"E a distance of 217.87 feet to a 5/8-inch rebar;
2. 10.30 feet along the arc of a curve to the right,said curve having a radius of 13.00 feet,a delta
angle of 45"23'26",a chord bearing of S67°00'29"E,and a chord distance of 10.03 feet to a 5/8-
inch rebar;
3. S44°18'46"E a distance of 18.42 feet to a 5/8-inch rebar;
4. S89°42'12"E a distance of 8.66 feet to a 5/8-inch rebar on the westerly boundary of said Lot 3;
S. Thence leaving said westerly boundary,S89°42'12"E a distance of 1.28 feet to the POINT OF
BEGINNING.
Said parcel contains a total of 23.598 acres,more or less.
a �12459�
If�� OF �9
v L. 1ti
Z.x0.Z'&y5
PAGE 2
Instrument # 2025-079839
12/03/2025 08:06:29 AM Page 9 of 16
fI 217.87
s89°42'12'•c
3
a 1�
z F vi
f V 'Vi
v1 p
O
3 }.
431.00
s69°42'12"e
m
O
16
v
s
Q
O �+
n89°42'12"w
1144.90
Title: 250217 PBA Parcel C 22-075 Date: 02-17-2025
Scale: 1 inch=250 feet I File:Deed Plotter.des
Tract 1: 23.598 Acres: 1027935 Sq Feet:Closure=n61.1429e 0.01 Feet: Precision=1/669739: Perimeter=5095 Feet
011,RI R=381 S0.DeIn-10.1842 021:R4 R-190.00.Del2-35.1731
001�00.1748w 405.73 Ba�s41S13X Chd-68.57 Bnrn7.1-.390-e.Chd-115.19
Bias 195ft d 7 os�16 012=s00.1745w 559.21 022=s89.4212e 431.00
003=s76.1537w 20.62 013=s38.2037w 28.79 023=n00.I748e 512.71
004--189A212w 89.82 014=n89A212w 1144.90 024=s89.4212e 217.87
005=s00.I748w 71.28 015=n00.5106e 659.22 6 70 9c00Z a`�of of
B ,ii�GChd s 37� 016=s89.4212e34.70 026=s44.1846e 18A2
007=s62.3753e 19.60 017=n00.1748e 39.59 027=s89.4212e 8.66
OW
s9s6 c°ild°e-s7�2o 018=s89.4212e 84.68 028=s89.4212e 1.28
009�44.4237e 22.65 011� �57 i1731
OB!g 6t,a�las6e�0ci3$3-33 414= 020=155.0016e 86.58
Instrument # 2025-079839
12/03/2025 08:06:29 AM Page 10 of 16
lam
ENGIN EEIZING
October 31,2025
Project No.:24-254
Zenith Subdivision
City of Meridian Sewer and Water Easement
Legal Description
Exhibit B
Parcels of land fora City of Meridian sewer and water easement being a portion of Government lots 4
and 5 of Section 6,Township 2 North, Range 1 East,B.M.,City of Meridian,Ada County,Idaho being
more particularly described as follows:
Commencing at an aluminum cap marking the West 1/4 corner of said Section 6,which bears
S00"51'06"W a distance of 2,641.96 feet from an aluminum cap marking the Northwest corner of said
Section 6,thence following the westerly line of Government Lot 5 of said Section 6, N00051'06"E a
distance of 1,320.98 feet to the northerly line of said Government lot 5;
Thence leaving said westerly line and following said northerly line,S89`27'14"E a distance of 466.44
feet;
Thence leaving said northerly line,S00°17'48"W a distance of 23.43 feet to POINT OF BEGINNING 1.
Thence S00°17'48"W a distance of 55.50 feet to a point hereinafter referred to as Point"A";
Thence N89042'12"W a distance of 31.00 feet;
Thence N00'17'48"E a distance of 55.50 feet;
Thence S89°42'12"E a distance of 31.00 feet to POINT OF BEGINNING 1.
Said parcel contains 1,720 square feet,more or less.
TOGETHER WITH:
Commencing at a point previously referred to as Point"A",thence S89"42'12"E a distance of 601.12 feet
to POINT OF BEGINNING 2.
Thence N00°17'48"E a distance of 28.51 feet;
Thence S89"42'12"E a distance of 20.00 feet;
Thence SOW17'48"W a distance of 28.51 feet to a point hereinafter referred to as Point"B";
Thence N89°42'12"W a distance of 20.00 feet to POINT OF BEGINNING 2.
Said parcel contains 570 square feet,more or less.
TOGETHER WITH:
Commencing at a point previously referred to as Point"B",thence 589"42'12"E a distance of 129.55
feet;
Thence N38°20'37"E a distance of 28.79 feet;
Thence N00°17'48"E a distance of 213.56 feet to POINT OF BEGINNING 3.
5725 North Dlscovary Way• Boise,Idaho 83713 . 208.639.6939. ktmenglip.com
Instrument # 2025-079839
12/03/2025 08:06:29 AM Page 11 of 16
Thence N89"42'12"W a distance of 32.58 feet;
Thence N00"17'48"E a distance of 20.00 feet;
Thence S89°42'12"E a distance of 32.58 feet,
Thence S00°17'48W a distance of 20.00 feet to POINT OF BEGINNING 3.
Said parcel contains 652 square feet,more or less.
Said description contains a total of 2,942 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.
O�
�12459,
01
L. Bsti
PAGE 2
Instrument # 2025-079839
12/03/2025 08:06:29 AM Page 12 of 16
P-124-254\SURVEY\CAD\EXHIBITS\24.254 CITY OF MERIDIAN PHASE 2 SEWER AND WATER EASEMENT SCS DWr SCSKDWG,AARON BALLARD,10/31/2025,DWG fO POF.PC3,-•-
POINT OF COMMENCEMENT
/-WEST 1/4 CORNER SECTION 6 S. Meridian Rd. dVO VInNinniv aNnOd
j FOUND ALUMINUM CAP BASIS OF BEARING 9 N01103S N3NNOD 1S3MKWON
— — _ SOO*51'06"W 2641.96'
N00'51'06"E 1320.98' — — — -- — 1320.98'M
D
m
c0
r' J
0 I � i
zX I`" �1
m
z--I I cri rn M
r O C
�z
DO
(o G �� G
Ul
01
�( 7�40 I w�o 40
0
n D
cn cc
r�IT � � 1n vs
Q�c c�� z to
(A z I Q N Mo cs
� N
En 0 ,Uri IC W Q M � M
0' zo CAD 4 z P+
I1 EA
1zo n
SOO'26'49"W 1322.51'
I
---._.._.._.._.....__..._._..-. .......-........ _
I t„
n
I D
r
rn
z
I N
0
Z M Exhibit B
x0ZO
a "
�
City of Meridian Sever and Water Easement
mm,
_ o
�m A Zenith Subdivision
N a Gov. Lots 4&5 Sec. 6,T2N, R2E, BM, City of Meridian,Ada County,Idaho
A N
Instrument # 2025-079839
12/03/2025 08:06:29 AM Page 13 of 16
P.�24-254\SURVEY\CAD\EXNIBITS%24-254 CITY OF MERIDIAN PHASE 2 SEWER AND WATER EASEMENT SCS DWT SCSH.DWG,AARON BALLARD,10/m/2025,DWG TO POF.PC3,----
UT --Q I n
1 rn
... �. L1 _... Z
yr I n Gr,IF,, Errnn N
ou'o o Du'o o OZ0 O
o
�! -P. v N v m >' O
N O7 N N la1 s
r' M m A c
_ ir! tD Z
O DND.- _ tJt ZA O N Z
N O
O C7 O O O m O
t7s LA Q
m N WPQC � C
O C v m Z 4 .O H
1V N
O W O m 0O 0 0 M �p !D
O t0 q tG 10 to Fy N ,06
N N V > tZ l\ N = N
L5
00 N ODD N N 0a V M 20
;:9 rn M _-3 :9 r- �2;
m 00 U
O N O N O co D 0 CD ((A
DO
O D O C O -�+ m rN �«
p N
N N O
N
_ :
M �
N00'17'48"E 213.56' t°I
t_1
W"D
Mo
CA
rn Exhibit B
7 jai+ m m
City of Meridian Sewer and Water Easement
-az O
a
m°
NJ a
Zenith Subdivision
W{Y K r C
a z N Gov. Lots 4&5 Sec. 6,T2N, R1E, BM, City of Meridian, Asia County, Idaho
Instrument # 2025-079839
12/03/2025 08:06:29 AM Page 14 of 16
r
31.00
s89042112"e
u
v
C q
a89°42'12"w
31.00
Title: POB 1 Date: 10-31-2025
Scale: 1 inch=20 feet File:
Tract 1: 0.039 Acres: 1720 Sq Feet:Closure=n00.0000e 0,00 Feet: Precision>1/999999: Perimeter=173 Feet
001=s00.1748w 55.50 003--n00.1748e 55.50
002=n89.4212w 31.00 004=s89.4212e 31.00
Instrument # 2025-079839
12/03/2025 08:06:29 AM Page 15 of 16
' 20.00
s89°42112"e
w
`00
i eo
N
n8904212"w
20.00
Title: POB 2 Date: 10-31-2025
Scale: 1 inch=20 feet File:
Tract 1: 0.013 Acres: 570 Sq Feet Closure=n00.0000e 0.00 Feet: Precision>1/999999: PerimeW= 97 Feet
001=n00.1748e 28.51 003=s00.1748w 28.51
002--s89.4212e 20.00 004-n89A212w 20.00
Instrument # 2025-079839
12/03/2025 08:06:29 AM Page 16 of 16
32.S8
49°42'We
Qo �
p8F go �
N $ N
g
nW42'12"w
32.58
Title: Date: 10-31-2025
Scale: 1 inch=20 feet File:
Tract 1: 0.015 Acres: 652 Sq Feet:Closure=n00.0000e 0.00 Feet: Precision>1/999999: Perimeter=105 Feet
001=n89.4212w 32.58 003=s89.4212e 32.58
002=n00.1748e 20.00 004=sOO.1748w 20.00