HomeMy WebLinkAboutTake 5 Overland ESMT-2026-0097 (2026-032182) Ada County Recorder Trent Tripple 2026-032182
Project Name or Subdivision Name: Boise,Idaho Pgs=6 vbailey 05/06/2026 08:09:25 AM
CITY OF MERIDIAN IDAHO$0.00
Take 5 Overland Electronically Recorded
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 additional information.
For Internal Use Only
Record Number: ESMT-2026-0097
WATER MAIN EASEMENT
THIS Easement Agreement made this 5th day of May 2026 between
265 W Overland LLC&Lowe's Home Centers 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
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public street, then, to such extent, such right-o(-way and casement hereby granted which lies
within such boundary thereof or which is a part thereof, shall cease and become null and void
and of no turther 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.
GRANTOR: 165 Vj
............%---- �/t2
STATE OF IDAHO )
) ss
County ofAda
This record was acknowledged before me on 14 ZOO-0(date)by- LRa n/-- e ree-
(name of individual), [complete the following if-signing in a representative capacity, or strike
the following iffigning in an individual capacity] on behalf of 265 W overland LLC
(name of entity on behalf of whom record was executed), in the following representative
capacity: tAar\&U(- type of authority such as officer or trustee)
Notary Stamp Below
Notary Signature
ImCA KNAPP My Commission Expires:
MMISSION#59994
NOTARY PUBLIC
S 7-C, rc
TATE OF IDAHO
My COMMIS%SION EXPIRES 07/1 9t203()
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Instrument # 2026-032182
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public street, then, to such extent, such right-of-way and casement 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: Lowe's Home Centers LLC
STATE OF )
irtac it ) ss
County of )
This record was acknowledged before me on 4 1-1 120 (date) by Q..t ('load
(name of individual), [complete the following Z signing in a representative capacity, or strike
the following if signing in an individual capacity] on behalf of Lowe's Home Centers LLC
(name of entity on behalf of whom record was executed), in the following representative
capacity: Vj CL. S�& (type of authority such as officer or trustee)
Notary Stamp Below
Stephanie Valdez
NOTARY PUBLIC otary Signature Ell
Forsyth County
North Carolina My Commission Expires: 12°CC 2ZV
My Commission Expires December 7,2026,
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GRANTEE: CITY OF MERIDIAN
Robert E. Si iso ; Mayor 5-5-2026
illIAN4i<-
d
SPAT Atte by r John``` � �" Clerk 5-5-2026
STATE OF IDAHO, )
: ss.
County of Ada )
This record was acknowledged before me 5-5-2026 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 Notary Signature 3-28-2028
COMMISSION No. 67390 My Commission Expires.
NOTARY PUBLIC
STATE OF IDAHO
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Exhibit A
Water Easement
Legal Description
A parcel of land being a portion of the NE 1/4 of the NE 1/4 of Section 24, 13N., R1W.,
Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as
follows:
Commencing at the northeast corner of Parcel 1 A as shown on Record of Surrey No.
15278, Instrument No. 2026-021331, recorded on March 27, 2026,Ada County Records
also being the NW comer of the Medina Subdivision from which the NW corner of parcel
2A as shown on said Record of Survey No. 15278 bears N88044'01"W a distance of
208.83 feet; thence on the southerly right of way line of W. Overland Road N88044'01"W
a distance of 41.18 feet to a point on the west line of a City of Meridian Water Main
Easement; thence on last said west line S00049'40"W a distance of 76.72 feet to the
Point of Beginning; thence continuing on last said west line S00049'40"W a distance of
20.00 feet; thence N89031'23"W a distance of 33.43 feet; thence N00028'37"E a
distance of 20.00 feet; thence S89031'23"E a distance of 33.55 feet to the Point of
Beginning.
The above described parcel contains 670 Square Feet more or less.
A
Instrument # 2026-032182
05106120 Page 6-of 6_
WATER EASEMENT
EXHIBIT B
S,�,,
18Ot
I7 )
Ir 0' 15' 30'
ti 0 , �}
W. OVERLAND ROAD OF scALE °=aa
G
5/8"REBAR _ ---------_5!8"
—v, 5/8"REBAR — — -REBAR
N88°44'01"W-41.18'
N88°44'01"W-208.83'-BASIS OF PARINGS
I II
POINT O
PARCEL 2A I CONIMEf CEINENT
u
m
ROS 15278c6I L
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5/8"REBAR
5/8"REBAR co
PRbP'O,-XD
5k9(L.DIfiAL �I •��,,,.
"� f F;d`63i3:5tJ "
1 I OINT OF
—..— -- --— — — — — — A — — 1 — — S89°31'23"E-33.55'- -+- BE GINNING
N00°8 3rE-20.00'
W
SO
_—, — 0" - -
a_ _ ° J (, 23"W-33.43' 0°49'40"W-20.00'
. — —
5/i"R BA — — — — — — — — -..- - -J _ 5/8"REBAR I I
PI PI PI PI
I I I
L — — — — — — — — — — — — — — —
I
PARCEL 1A
I I
ROS 15278
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