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HomeMy WebLinkAboutApex Northwest ESMT-2026-0133 (2026-044038) Ada County Recorder Trent Tripple 2026-044038 Boise,Idaho Pgs=9 vbailey 06/17/2026 08:31:03 AM CITY OF MERIDIAN IDAHO$0.00 Electronically Recorded Project Name or Subdivision Name: Apex Northwest Subdivision No. 7 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 Record Number: ESMT-2026-0133 SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement made this 16th day of June 2026 between DWT INVESTMENTS LLC&SCS INVESTMENTS LLC ("Grantor")and the City ofMeridian,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 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 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 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. T O HAVE AND T O 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 of this easement. Sanitary Sewer and Water Main Easement Page I Version 01/01/2024 Instrument # 2026-044038 06/17/2026 08:31:03 AM Page 2 of 9 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 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. [END OF TEXT. SIGNATURES TO FOLLOW] Sanitary Sewer and Water Main Easement Page 2 Version 01/01/2024 Instrument # 2026-044038 06/17/2026 08:31:03 AM Page 3 of 9 DWT INVESTMENTS LLC an Idaho limited liability company By: Brighton Corporation, an Idaho corporation, Manager By: 4 Robert L. Phillips, President of Manger STATE OF IDAHO ) :ss. County of Ada ) On this Lt day of MAV1 2026, 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. , BETHANY TROVINGER /l COMMISSION#20260508 Notary Publjo-for Idaho NOTARY PUBLIC My Commission expires d2[1712d32 STATI=OF IDAHO MY COMMISSION EXPIRES 02/12/2032 Instrument # 2026-044038 06/17/2026 08:31:03 AM Page 4 of 9 SCS INVESTMENTS LLC an Idaho limited liability company By: SCS Management LLC an Idaho limited liability company Its: Manager By: Mi6fia6l A. Hall, President of Manager STATE OF IDAHO ) ss. County of Ada ) On this day of in the year of 20 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 company that executed the instrument or the person who executed the instrument on behalf of SCS Investments LLC, 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. , otary Public for Idaho DONNA WILSON My Commission expires COMMISSION#67674 NOTARY PUBLIC STATE OF IDAHO Instrument # 2026-044038 06/17/2026 08:31:03 AM Page 5 of 9 GRANTEE: CITY OF MERIDIAN Robert E. Sim' a or 6-16-2026 � SEAL Attest by C ris Johnson, City Clerk 6-16-2026 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 6-16-2026 (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 un STATE OF IDAHO Notary Signature My Commission Expires: 3-28-2028 Sanitary Sewer and Water Main Easement Page 3 Version 01/01/2024 Instrument # 2026-044038 06/17/2026 08:31:03 AM Page 6 of 9 lam E N G I N E E R I N G May 28,2026 Apex Northwest Subdivision No.7 Project No.24-289 City of Meridian Water and Sewer Easement Legal Description Exhibit A Parcels of land for a City of Meridian Water and Sewer Easement situated in a portion of the Southwest 1/4 of the Southwest 1/4 of Section 32,Township 3 North,Range 1 East,Boise Meridian,City of Meridian,Ada County,Idaho and being more particularly described as follows: Commencing at a found aluminum cap marking the West 1/4 corner of said Section 32,which bears N00'32'22"W a distance of 2,700.07 feet from a found aluminum cap marking the Southwest corner of said Section 32; Thence following the westerly line of said Southwest 1/4,500°32'22"E a distance of 1,392.44 feet; Thence leaving said westerly line, N89°27'38"E a distance of 25.00 feet to POINT OF BEGINNING 1. Thence N89'27'38"E a distance of 32.00 feet; Thence S00°32'22"E a distance of 50.00 feet; Thence S89°27'38"W a distance of 32.00 feet to a point hereinafter referred to as POINT"A"; Thence N00°32'22"W a distance of 50.00 feet to POINT OF BEGINNING 1. Said parcel contains 1,600 square feet,more or less. TOGETHER WITH Commencing at the point previously referred to as POINT"A'; Thence S00'32'22"E a distance of 30.85 feet to POINT OF BEGINNING 2. Thence N89°27'38"E a distance of 17.00 feet; Thence S00°32'22"E a distance of 20.00 feet; Thence S89°27'38"W a distance of 17.00 feet; Thence N00'32'22"W a distance of 20.00 feet to POINT OF BEGINNING 2. Said parcel contains 340 square feet,more or less. pd 51 �1SP Said description contains a total of 1,940 square feet, more or less,and is subject to .•d all existing easements and/or rights-of-way of record or implied. a to 12459 c a k Attached hereto is Exhibit B and by this reference is made a part hereof. OF 1� 1y L 1B3 5-2.13.70 Zfo 5725 North Discovery Way • Boise, Idaho 83713 a 208.639.6939 B kmengllp.com Instrument # 2026-044038 06/17/2026 08:31:03 AM N 0 40 80 120 Plan Scale: 1" =40' POINT OF COMMENCEMENT FOUND ALUMINUM CAP WEST 1/4 CORNER SECTION 32 31 32 1 I� LV M M (POINT OF BEGINNING 1 32.00' 89'27'38�"E N89'27'38"E w `0 25.00' (TIE) iv iv E. Crescendo St. I N o N DWT Investments, LLC M o 01 ;� SCS Investments, LLC Proposed =z o Iq Z 10 S1132325801 Apex Northwest a , 32.00' Subdivision No. 7 0111 N ——— 3 1 S89'27'38 W g (DO2 POINT "A" m NNcV Z V-)N I S00'32'22"E 30.85' 0 p m o I POINT OF BEGINNING 2 Z N I o N N o `-N89'27'38"E 17.00' M N �_S00'32'22"E o . 20.00' E Z �S89'27'38"W a -►� 25.00' 17.00' w 3 I w a 31 32 E. Lake Hazel Rd. Z 6 5 FOUND ALUMINUM CAP SOUTHWEST CORNER SECTION 32 V w 00 N a Im N E N G I N E E R I N G m 5725 NORTH DISCOVERY WAY X BOISE,IDAHO 83713 o PHONE(208)639-6939 Exhibit B - City of Meridian Water and Sewer Easement a kmengllpxom Apex Northwest Subdivision No. 7 DATE: May 2026 N PROJECT: 24-289 m SHEET: A portion of the SW 1/4 of the SW 1/4 of Section 32, 1 OF 1 T3N., R1E., B.M., City of Meridian, Ada County, Idaho a 06/17/2026 08:31:03 AM Page 8 of 9 n89127'38"e r 32 3 O O O O W t O N N O N N N N 32 s89°27'38"w 5/28/2O26 Scale: finch= 20 feet File: Tract 1:0.0367 Acres(1600 Sq.Feet),Closure:n00.0000e 0.00 ft.(1/999999),Perimeter=164 ft. 01 n89.2738e 32 02 s00.3222e 50 03 s89.2738w 32 04 n00.3222w 50 06/17/2026 08:31:03 AM Page 9 of 9 n89°2.. 73s"e 17 7 N O O O C) N O N N N N - 17 s89°27 38"w 5/28/2026 Scale: finch= 20 feet File: Tract 1:0.0078 Acres(340 Sq.Feet),Closure:n00.0000e 0.00 ft.(1/999999),Perimeter-74 ft. 01 n89.2738e 17 02 s00.3222e 20 03 s89.2738w 17 04 n00.3222w 20