Loading...
HomeMy WebLinkAboutTM Crossing Sub. No. 2 ESMT-2025-0165 (2025-079847) Ada County Recorder Trent Tripple 2025-079847 Boise,Idaho Pgs=10 vbailey 12/03/2025 08:07:40 AM CITY OF MERIDIAN IDAHO$0.00 Project Name or Subdivision Name: Electronically Recorded TM Crossino Subdivision No.2 Water Main Easement Number: 1 Identify this Easement by sequential number If the project contains more than one easement of this type.See Instructions/checklist for addltional information. For Internal Use only ESMT-2025-0165 Record Number. WATER MAIN EASEMENT THIS Easement Agreement made this2nd dayof December 2025 between DWT Investments LLC,Tomlinson Foundation and SCS Investments LLC, ("Grantor")and the City ofMeridian, an Idaho Minicipal 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 an easement for the operation and maintenance of 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 water mains and their allied facilities,together with their maintenance,repair and replacement at the convenience of the Grantee,with the free right ofaccess to such facilities at any and all times. TO HAVE AND TO 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 ofthis 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 # 2025-079847 12/03/2025 08:07:40 AM Page 2 of 10 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. JEND OF TEXT; SIGNATURES TO FOLLOW] Water Main Easement Page 2 Version 01/01/2024 Instrument # 2025-079847 12/03/2025 08:07:40 AM Page 3 of 10 GRANTOR: DWT INVESTMENTS LLC an Idaho limited liability company By: Brighton Corporation, an Idaho corporation, Manager By: , Robert . Phillips, President STATE OF IDAHO ) :SS. County of Ada } On thioD"Llbay of November, 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, 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 corporation, and that such corporation 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 Idahu My Commission expires (o-/-aD'ta SHARI VAUGHAN COMMISSION#20181002 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 06/0112030 Instrument # 2025-079847 12/03/2025 08:07:40 AM Page 4 of 10 GRANTOR: TOMLINSON FOUNDATION a California nonprofit public benefit corporation f s G Mario L.Lindsay,Vice President ACKNOWLEDGMENT 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 valid' of that document. State of Califomi County of On before me, •yt �.�'�.ir�� Lj'C (insert name and title of the offic r) personally appeared Mark W. Lindsay,Vice President who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)istare subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same In his/her/their authorized capecity(ies),and that by hisiher/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of ing paragraph is true and correct. I ANI)REIN WEBER n Commission No 2417258 NOTARY PUBLIC-CALIFORNIA WITNESS my hand and official seal. SAN DIEGO COUNTY @Mmaon EXprgs September 20,2026 Signature (Seal) Instrument # 2025-079847 12/03/2025 08:07:40 AM Page 5 of 10 GRANTOR: SCS INVESTMENTS LLC an Idaho limited liability company sy: k—t,14 Michael A. Hall,Presidey STATE OF IDAHO ) ss. County of Ada ) This record was acknowledged before me on November Q 0 ,2025,by Michael A. Hall as the President of SCS Investments LLC,an Idaho limited liability company. i otary Public for Idaho FSTATE WILSON My Commission Expires: — ION#67674 Y PUBLIC OF IDAHO Instrument # 2025-079847 12/03/2025 08:07:40 AM Page 6 of 10 GRANTEE: CITY OF MERIDIAN Robert t. Simi on, ayor 12-2-2025 / 14[DIAN � SF,AL Attest by C Johnson,"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 C H A R L E N E WAY Notary Signature COMMISSION No. 67390 My Commission Expires: 28-2028 NOTARY PUBLIC STATE OF IDAHO Water Main Easement Page 3 Version 01/01/2024 Instrument # 2025-079847 12/03/2025 08:07:40 AM Page 7 of 10 kim E N G I N E E R I N G November 17,2025 Project No.:25-093 TM Crossing Subdivision No.2 City of Meridian Water Easement Legal Description Exhibit A A parcel of land for a City of Meridian water easement being a portion of Lots 11 and 12,Block 2 of TM Crossing Subdivision No.2(Book 113 of Plats,Pages 16733-16735,records of Ada County,Idaho), situated in the Southwest 1/4 of Section 14,Township 3 North,Range 1 West, B.M.,City of Meridian, Ada County, Idaho being more particularly described as follows: Commencing at a 5/8-Inch rebar marking the Southwest corner of said Lot 12,which bears S89°11'04"E a distance of 184.55 feet from a 5/8-inch rebar marking the Southwest corner of said Lot 11,thence following the southerly boundary of said Lot 12,589`11'04"E a distance of 74.92 feet to the POINT OF BEGINNING. Thence leaving said southerly boundary,N00°48'560E a distance of 36.25 feet; Thence N89"11'04"W a distance of 47.69 feet; Thence N00°48'35"E a distance of 196.81 feet; Thence N89°11'25"W a distance of 22.50 feet; Thence S00°48'35"W a distance of 16.50 feet; Thence N89°11'25"W a distance of 24.50 feet; Thence N00"48'35"E a distance of 36.50 feet; Thence S89°11'25"E a distance of 47.00 feet; Thence N00"48'35"E a distance of 36.62 feet; Thence N89011'25"W a distance of 187.24 feet to the easterly boundary of a City of Meridian water easement recorded as Instrument No. 2018-017726,records of Ada County, Idaho; Thence following said easterly boundary the following five(5)courses: 1. N00°48'26"E a distance of 4.95 feet; 2. S89°11'34"E a distance of 18.39 feet; 3. N00°48'26"E a distance of 10.00 feet; 4. N89°11'34"W a distance of 18.39 feet; S. N00048'26"E a distance of 15.05 feet; Thence leaving said easterly boundary,S89'11'25"E a distance of 18.39 feet; Thence 500"48'35"W a distance of 10.00 feet; Thence S89'11'25"E a distance of 188.85 feet; Thence S00°48'35"W a distance of 93.00 feet; Thence S89'11'25"E a distance of 13.00 feet; Thence S00°48'35"W a distance of 20.00 feet; Thence N89°11'25"W a distance of 13.00 feet; Thence S00'48'35"W a distance of 140.42 feet; Thence S89°11'04"E a distance of 47.69 feet; Thence S00"48'56"W a distance of 56.25 feet to the southerly boundary of said Lot 12; Thence following said southerly boundary,N89'11'04"W a distance of 20.00 feet to the POINT OF BEGINNING. 5725 North Discovery Way• Boise,Idaho 83713 • 208.639.6939• kmengilp.com Instrument # 2025-079847 12/03/2025 08:07:40 AM Page 8 of 10 Said parcel contains a total of 12,496 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. IS �P a ca 12459Ov 0 L. n-1?-Z PAGE 2 Instrument # 2025-079847 12/03/2025 08:07:40 AM Page 9 of 10 r- PL f O, S89'11'25"E 18.39, N00'48'26"E i S00 48'35"W 15.05' �►�-10.00' S89'11'25"E 188,85' �L6b- N00'-- 4B'26"E— — ——— ----4 i-� ?0..: — I I C' N0048'26'E ——— N89'11'25"W 187.24'— - I c a 4.95' j Lot 11, Block 2 S89'11'25"E ; TM Crossing Subdivision No.2 47.00' In — r� DWT Investments LLC I R8484010100 p—L2 (o S89'11'25E N004 3650' !Iq CA 13.00, N89.11'25"WY I I`---,_SO(3 48'35"W 24.50' [ 41- 20.00' CITY OF MERIDIAN WATER EASEMENT l �IN18VI 1'25W PER INSTRUMENT No. 2018-017726 I 13.00' (HATCHED AREA) Cq l i Lot 12, Block 2 LINE TABLE I J Lai I TM Crossing Subdivision No. 2 l UNE BEARING DISTANCE Mi DWT Investments LLC j L1 N00'48'56"E 36.25' I I R8484010200 m L2 N89'11'25'W 22.50' I i a L3 S00'48'35"W 16.50' I © I I S89'11'04"E a L4 N00'48'35"E 36.62' I I —L47.69' i _ a LS S89'1 1'34"E 18.39' I 47w69_ S00'48'56"W ' , I L6 N89'11'34"W 18.39' -0 i 1 N89'Tr04'W 1�56.25 .• POINT OF COMMENCEMENT j SOUTHWEST CORNER LOT 12 �I 9 FOUND 5/8" REBAR O S89'11'047E S89'11'04"E 184.55' 74.92' BASIS OF BEARING POINT OF N89'11'04"W 3 BEGINNING 20.00' SOUTHWEST CORNER LOT 11 FOUND 5/8" REBAR W. Navigator Drive F. Z 0 60 120 180 m E N 0 1 N E E R I N G NV; Plan Scale:1"=60' m 5725 NORTH DISCOVERY WAY BOISE,IDAHO 83733 Exhibit B i PHONE I208I 6394939 s kmenslip.cam City of Meridian Water Easement 7 DATE' Nmmber 2025 iPROJECT: 25.093 SHEET: Lots 11 & 12, Black 2 of TM Crossing Subdivision No. 2 1 OF 1 SW1/4 Sec. 14,T3N, R1W, BM, City of Meridian,Ada County, Idaho Instrument # 2025-079847 12/03/2025 08:07:40 AM Page 10 of 10 e s89.11'2Se 187.24 m Im s89.112b'e 0 m a 20 m N G pOp G Q s69.11'04'e 47.69 WITW-w 0ins C c City of Meridian Water Easement 25-093 11/17/2025 Scale: 1 inch=44 feet File: Tract 1:0.2869 Acres(12496 Sq.Feet),Closure:s14.4319e 0.01%(11107175),Perimeter-1339 ft. 01 n00.4856e 3525 17 900.4835w 10 02 n89.1104w 47.69 1S s89.1126e 188.85 03 n00.4835e 196.81 19 s00.4835w 93 04 n89.1125w 22.5 20 s89.1125e 13 05 s00.4835w 16.5 21 s00.4835w 20 06 n89.1125w 24.5 22 nS9.1125w 13 07 n00.4835e 36.6 23 s00.4835w 140.42 08 s89.1125e 47 24 s89.1104e 47.69 09 n00.4835e 36.62 25 s00.4858w 5625 10 nS9.1125w 18724 26 nB9.1104w 20 11 n00.4826e 4.95 12 s89.1134e 18.39 13 n00.4826e 10 14 n89.1134w 18.39 15 n00.4826e 15.05 16 sB9.1125e 18.39