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HomeMy WebLinkAboutVillage ESMT-2025-0148 (2025-079852) Ada County Recorder Trent Tripple 2025-079852 Boise,Idaho Pgs=7 boberbillig 12/03/2025 08:08:12 AM CITY OF MERIDIAN IDAHO$0.00 Electronically Recorded Project Name or Subdivision Name: Village Sanitary Sewer&Water Main Easement Number: Identify this Easement by sequential number ifthepmject contains more than one easement of this type.See instructionslchecklist far additional information. For Internal Use Only ESMT-2025-0148 Record Number: F„,R SANITARY SEWER AND WATER MAIN EASEMENT ,,,,,, ,. THIS Easement Agreement is made this2ndday of December 2025 between Meridian. CenterCal, LLC, ("Grantor")and the City of Meridian,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 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 13) The casement 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. 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 Decorative Lights, as defined below, or 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 I Version 0 1/0 1/2024 Instrument # 2025-079852 12/03/2025 08:08:12 AM Page 2 of 7 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. Notwithstanding the foregoing, Grantor shall be permitted to place decorative lights and related infrastructure ("Decorative Lights") within the easement area. Grantee may, at its sole discretion, remove the Decorative Lights to maintain, repair, or replace Grantee's sanitary sewer and water mains, in which case Grantor shall be fully responsible for reinstalling or replacing the Decorative Lights. Grantee shall not be responsible for any damages resulting from the removal of the Decorative Lights. 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 GRANTEE shall provide GRANTOR with forty-eight (48)horns' notice prior to digging in the easement. GRANTOR shall locate and clearly mark all private utility lines in the easement area within forty-eight (48) hours. Grantor shall assume full responsibility for and indemnify the City for any damage to private utilities that occurred based upon Grantor's failure to properly or timely locate and mark the private utilities. Grantee may perform emergency or urgent maintenance,repair,or replacement of utilities,without notice. 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 parties ofthe first part have hereunto subscribed their signatures the day and year first herein above written. [End of text; signature pages follow] Sanitary Sewer and Water Main Easement Page 2 Version 0 1/0 1/2024 Instrument # 2025-079852 12/03/2025 08:08:12 AM Page 3 of 7 GRANTOR: Meridian CenterCal, LLC 44a54 STATJ OF IDAHO ) ) ss County of Ada } � ryV'5 1 This record was acknowledged before me on e by (name of individual), on behalf o eri tan CenterCal,LLC, in the following representative capacity: (type of authority such as manager or member Notary Stamp Below Notary Signature My Commission Expires: Sanitary Sewer and Water Main Easement Page 3 Version 01/01/2024 Instrument # 2025-079852 12/03/2025 08:08:12 AM Page 4 of 7 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE§1189 :,. :-.:..:.: a.....3,.- t..,. ,.....,•......... .v(.... ............ .. .:..:2...iF'%;ip:.tv.i..tR:sL%5'>F.:'t:;:iR'i�<:;a:.:n:il::F:p..iTgtir.••oy;y.::f:xt - a):.?::k 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 Los A W- C-%Q LE S On QC.%'C"D5E•L 29 ,2 X25 before me, 4Mk'�SOI tJVZt-", 0TZC &,i,?ti3gU,�--_, Date Here Insert Name and Title of the Officer personally appeared Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. certify under PENALTY OF PERJURY under the KATHLEEN 00NLON laws of the State of California that the foregoing •` '�"": Notary Public•California paragraph is true and correct. Z; Los Angeles County Commission k2532536 WITNESS y hand and official seal. My Comm.Expires Sep 15,I029 rrr� Signatu Place Notary Seal and/or Stamp Above Signature of Natary Public 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: 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): o Partner— ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact 11 Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: .•<::.a....:.,.?.7.-....4.,4L......,,c.,.......c._.,_,.:..<.......,:,........ ..:.,.mot.2.2,>....:S a..g ...L.:.:n..e.... ,......: ,a,..., 37 ,.c:;... .,:: :.�.0...a.x.,e..,t•.:... .. :.: :. e.,,e.,..,:,...,..a..s.Y:':s�:.�5v.•:3. �a.,a fl,::1. Y�/:. <✓I;ii$:'; .}...: {-,_).<>.J... ..r...... ..,..<,.,.Y-..>.> 51.,.., ..,... s.._...--_...,... _.... ..:..,t.>•.??.!.•t)y:.l:.n:.;enr..,..t.vi.i,.:,:i,)(:..:i)L._-...e....C.a�sat}'L%aL.t�a�'%r.'<.'.�i),ZsiibL:.a.3a.:s:.:s:ix_..isri..:S LJY.•1'•:S'::`J`.'sti:sil,:<.e: 02019 National Notary Association Instrument # 2025-079852 12/03/2025 08:08:12 AM Page 5 of 7 GRANTEE: CITY OF MERIDIAN Robert E. Si iso Mayor 12-2-2025 Attest by Chr' ohnso°.�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 Cha&YcW" Notary Signature 01 CHARLENE WAY My Commission Expires: 3-28-2028 COMMISSION No. 67390 NOTARY PUBLIC STATE OF IDAHO Sanitary Sewer and Water Main Easement Page 4 Version 01/01/2024 Instrument # 2025-079852 12/03/2025 08:08:12 AM Page 6 of 7 ��� LEGAL DESCRIPTION *►►: THE Page 1 of 3 _00 LAND DW GROUP October 8, 2025 Project No.: 124038 Exhibit A EASEMENT CENTERCAL EXPANSION SUBDIVISION MERIDIAN CENTERCAL, LLC An easement located in Parcel "B" of Record of Survey No.13558, recorded under Instrument No.2022- 068728, & Lot 5, Block 2 of CenterCal Subdivision, as same is shown in the official plat therein, recorded in Book 104, at Page 14164, Ada County records, situate in the Southwest Quarter of Section 4, Township 3 North, Range 1 East, Boise Meridian, City of Meridian,Ada County, Idaho, being more particularly described as follows: COMMENCING at the Southwest Corner of said Section 4, (from which point the West One Quarter Corner of said Section 4 bears North 00°34'03" East, 2618.49 feet distant); thence on the west line of said Section 4, North 00°34' 03" East, 761.77 feet; thence leaving said west line, South 89° 25' 57" East, 645.34 feet,to a point on an existing sewer and water easement, recorded as Instrument No. 112079721,Ada County records AND the POINT OF BEGINNING: Thence South 89'36'40" East, 42.00 feet; Thence South 00' 23' 20" West, 20.00 feet; Thence North 89' 36'40" West, 10.00 feet; Thence South 00° 23' 20" West, 20.96 feet; Thence South 89°36'40" East, 54.50 feet; Thence South 00° 23' 20" West, 32.00 feet; Thence North 89° 36'40" West, 99.57 feet; Thence North 00° 23' 20" East, 32.00 feet; Thence South 89°36'40" East, 13.08 feet; Thence North 00° 23' 20" East,40.96 feet to the POINT OF BEGINNING. The above-described easement release area contains 4,697 Ft'(0.108 Acres) more or less. Prepared by: �,L LA The Land Group, Inc. Michael S. Femenia, PLS P. 5 41 S 1U/U8/2U25 462 East Share Drive, Suite 100, Eagle, Idaho 83616 208.939.4041 thelandgroupinc.ccm Instrument # 2025-079852 12/03/2025 08:08:12 AM Page 7 of 7 Easement �01��AC NA City of Meridian 8-4 o Situate in the SW 1/4 of Section 4, P. 1 Township 3 North,Range 1 East, Boise Meridian, T City of Meridian,Ada County,Idaho 1� T£OF 2025 A W1/4� SEC.4(BCP) �0/0�/2o2s II I I I MERIDIAN CENTERCAL LLC APN:R1343720710 I i 0 cPpSOPG�'\ ti CITY OF MERIDIAN SEWER AND I O WATER EASEMENT INST.#112079721 I I I I I � I I 00 POB N� 645.34, —�I S89°36'40°E ,� / S89'25'57"E otT 42.00' Line Table O o N IDj LINE BEARING LENGTH z ' L4 z I J L2 S89036'40"E L1 Soo°23'20'W 20.00' ------------ ---- -- ---- ro I 54.50' - L2 N89°36'40"W 10.00, O N O O ON w CO oC'i o N L3 S00°23'20"W 20.96' C\Jo COM o o — — o— — — L4 S89°36'40"E 13.08' ^C ———————————— ———— --- y'' N89°36'40"W 99.57' w w o W N EASEMENT RELEASE W 0.108 Acres± (4,697 Ft2) CDzz SW COR.SEC.4(BCP) 3 Exhibit "B�� 0 50' 100, Horizontal Scale:l" = 50' Project No.:124038 Date of Issuance:October 8,2025 o�o , THE Easement TM LAND City of Meridian o a� _ GROUP CenterCal Expansion Subdivision