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HomeMy WebLinkAboutModena Subdivsion ESMT-2026-0080 (2026-026245) Ada County Recorder Trent Tripple 2026-026245 Project Name or Subdivision Name: Boise,Idaho Pgs=5 dryalls 04/15/2026 08:44:56 AM CITY OF MERIDIAN IDAHO$0.00 Modena Subdivision Electronically Recorded Water Main Easement Number: 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 Record Number: ESMT-2026-0080 WATER MAIN EASEMENT THIS Easement Agreement made this 14th day of April 2026 between SM4 LLC ("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 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 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 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 # 2026-026245 04/15/2026 08:44:56 AM Page 2 of 5 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: STATE OF IDAHO ss County of Ada This record was acknowledged before me on V (date) by NmA (name of individual), [complete the following signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of (name of entak on behalf of whom record was executed), in the following represeri-tative capacity: N\r—Q)bK,� (type of authority such as officer or trustee) tw Notary Stamp Below CAYLA RELKA COMMISSION#20225179 NAafy nAre NOTARY PUBLIC My Commission E STATE OF IDAHO Ex lies; JIMY COMMISSION EXPIRES 10/31/]2028 Water Main Easement Page 2 Version 01/01/2024 Instrument # 2026-026245 04/15/2026 08:44:56 AM Page 3 of 5 GRANTEE: CITY OF MERIDIAN John Overton, Council President 4-14-2026 � SEAL Attest: By Chris Johnson, City Clerk 4-14-2026 STATE OF IDAHO ) :ss County of Ada ) This record was acknowledged before me on 4-14-2026_by John Overton and Chris Johnson on behalf of the City of Meridian, in their capacities as Council President and City Clerk, respectively. Na&ycWM CHARLENE WAY Notary Signature COMMISSION No. 67390 My Commission Expires: 3-28-2028 NOTARY PUBLIC STATE OF IDAHO Instrument # 2026-026245 04/15/2026 08:44:56 AM Page 4 of 5 Professional Engineers, Land Surveyors and Planners aso , 924 3`d St. So. Nampa, ID 83651 Assc)cila -t<f t S Ph (208) 454-0256 Fax (208) 467-4130 e-mail:dholzhgy,, masonandassociates.,us FOR: McCarter�Moorhouse JOB NO.: MR0622 DATE: March 24, 2026 EXHIBIT "A" WATER METER EASEMENT An easement being a portion of Lot 3, Block 6, Bridgetower Crossing Subdivision No. 2 in the Ada County Recorder's Office in Book86 at Pages 9641-9643 situated in the SW 1/4 NW 1/4 of Section 35, Township 4 North, Range 1 West, Boise Meridian, Meridian, Ada County Idaho, more particularly described as follows: Commencing at the northwest corner of Section 35 said corner being N 00' 52' 50" E., 2630.96 feet from the southwest corner of the NW 1/4; Thence S 00' 52' 50"W., 2214.50 feet along the west boundary of the NW 1/4; Thence S 890 07' 10" E., 52.00 feet; Thence N 00' 52' 50" E., 200.00 feet Thence S 89' 07' 10" E., 14.00 feet; Thence S 00' 52' 50" W., 69.24 feet to the POINT OF BEGINNING of said easement; Thence S 89' 07' 10" E., 9.00 feet; Thence S 00' 52' 50" W., 17.76 feet; Thence N 89" 07' 10" W., 9.00 feet; Thence N 00" 52' 50" E., 17.76 feet to the POINT OF BEGINNING of said easement. L LA o�ST G 1 9366 �grFOF0 -k RAN li01.� �. M �51j25'UJF4-56 AMEMIJEM 00 LOT 3 BLOCK 6 OF BRIDGETOWER CROSSING SUBDIVISION NO. 2 IN THE S W1/4 N W1/4 OF CORNER SECTION 35 TOWNSHIP 4 NORTH RANGE 1 WEST SEC. 35 OF THE BOISE MERIDIAN ADA COUNTY 1DAHO 2026 0 10 1 � I `a Z z Scale: 1 .=N.:60' I S89'07'10E 1 14.00' C9 2 I Q: — Lu o +ten I 13 czLA_ 04 � I O in V p I p cr) Q 1 N I I" S89'07'10'E I I 9.00' NO 52'50 E ' 17.75' SO 52'50"W r-17.76' VN89-07'10"W I + 9.00' I W n U) u� OI z m n S89'07'10"E 52.00' — — — 24j 0 h I z I SEC•35 LOT 3 BLOCK 6 LEGEND WATER METER EASEMENT roa ND. MAGw" ® FOUND ALUMINUM MONUMENT DWG No. DMNQAW c.rw asol7�,_ 6�. SCALE: Z'=� REV. Q FOUND 1/2" IRON PIN wadabammew FIELD 6001C NO, — ssociates NOWARMW-M DRAW BY: I VAT: