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HomeMy WebLinkAboutApex Northwest Sub. No. 7 ESMT-2026-0131 (2026-044036) Ada County Recorder Trent Tripple 2026-044036 Project Name or Subdivision Name: Boise,Idaho Pgs=9 vbailey 06/17/2026 08:31:03 AM CITY OF MERIDIAN IDAHO$0.00 Apex Northwest Subdivision No. 7 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-2026-0131 WATER MAIN EASEMENT THIS Easement Agreement made this 16th day of June 2026 between DWT INVESTMENTS,LLC&SCSH PROPERTIES,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 # 2026-044036 06/17/2026 08:31:03 AM Page 2 of 9 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] Water Main Easement Page 2 Version 01/01/2024 Instrument # 2026-044036 06/17/2026 08:31:03 AM Page 3 of 9 DWT INVESTMENTS LLC an Idaho limited liability company By: Brighton Corp ation, an Idaho corporation, Manager By: 16W Robert L. Phillips, President of Manger STATE OF IDAHO ) :ss. County of Ada ) On this _ day of ��h� 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. r BETHAf�SYTROVINGER COMMISSION$20260508 Notary Public#$ Idaho / NOTARY PUBLIC My Commission expires 02/12/2.12 32 STATE OF IDAHO MY COMMISSION EXPIRES 02/12/2032 Instrument # 2026-044036 06/17/2026 08:31:03 AM Page 4 of 9 SCSH PROPERTIES LLC, an Idaho limited liability company By: SCS Management LLC, an Idaho limited liability company Its: Manager Ip , By. Michael A. Hall, President of Manager STATE OF IDAHO ) ss. County of Ada ) On this day of k Vk- , 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 Manager of SCSH Properties 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 limited liability company, and that such limited liability company 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. DONNA WiLSON Notary Public for Idaho COMMISSION#67674 My Commission expires .S-� NOTARY PUBLIC STATE OF IDAHO Instrument # 2026-044036 06/17/2026 08:31:03 AM Page 5 of 9 GRANTEE: CITY OF MERIDIAN Robert E. Sim or 6-16-2026 � SEAL Attest by 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 Notary Signature CHARLENE WAY My Commission Expires: 3-28-2028 COMMISSION No. 67390 NOTARY PUBLIC STATE OF IDAHO Water Main Easement Page 3 Version 01/01/2024 Instrument # 2026-044036 lam06/17/2026 08:31:03 AM Page 6 of 9 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 Easement Legal Description Exhibit A A parcel of land for a City of Meridian Water Easement situated in a portion of the Northeast 1/4 of the Southeast 1/4 of Section 31,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 East 1/4 corner of said Section 31,which bears N00°32'22"W a distance of 2,700.07 feet from a found aluminum cap marking the Southeast corner of said Section 31; Thence following the easterly line of said Southeast 1/4,S00°32'22"E a distance of 452.26 feet; Thence leaving said easterly line,S89°27'38"W a distance of 281.38 feet to POINT OF BEGINNING 1. Thence S89027'38"W a distance of 20.00 feet to a point hereinafter referred to as POINT"A"; Thence N00'32'22"W a distance of 30.00 feet; Thence N89'27'38"E a distance of 20.00 feet; Thence 500032'22"E a distance of 30.00 feet to POINT OF BEGINNING 1. Said parcel contains 600 square feet,more or less. TOGETHER WITH Commencing at the point previously referred to as POINT"A'; Thence S63'01'37"W a distance of 862.18 feet to POINT OF BEGINNING 2. Thence S42°08'41"W a distance of 20.00 feet; Thence N47'51'19"W a distance of 30.00 feet; Thence N42008'41"E a distance of 20.00 feet; Thence S47'51'19"E a distance of 30.00 feet to POINT OF BEGINNING 2. Said parcel contains 600 square feet. Said description contains a total of 1,200 square feet,more or less,and is subject to all existing easements and/or rights-of-way of record or implied. yti� Attached hereto is Exhibit B and by this reference is made a part hereof. a a12459� 00 N L. BALD' 5725 North Discovery Way v Boise, Idaho 83713 • 208.639.6939• kmenglip.com Instrument # 2026-044036 POINT OF COMMENCEMENT FOUND ALUMINUM CAP EAST 1/4 CORNER SECTION 31 31 32 N I 0 180 360 540 LO fC'4 Plan Scale: 1" = 180' N89'27'38"E 20.00' S00'32'22"ECrDWT Investments, LLC& NO0'32'22"W 30.00' 30.00' oSCSH Properties, LLC POINT "A" S89'27'38"W0 S1131417350 281.38' (TIE) 5985 S Locust Grove Rd. S. Apex Way / POINT of u O S89'27'38"W vi m 20.00' U 0 OR I o z S47'S1'19"E �' r- oaf N 30.00' N N m 0 42'08'41"E 3� g 20.00' / Proposed No Apex Northwest NLf' 0 N47'51'19"W POINT OF Subdivision No. 7 BEGINNING 2 occ a 30.00' S42'08'41"W Z 420.00' X ' w ' a Q W ,l w Q 3 W E. Lake Hazel Rd. 31 32 a 6 5 FOUND ALUMINUM CAP SOUTHEAST CORNER SECTION 31 N a N E N G I N E E R I N G m 5725 NORTH DISCOVERY WAY = BOISE,IDAHO 83713 o PHONE(208)639-6939 Exhibit B - City of Meridian Water Easement O kmengllp.com Apex Northwest Subdivision No. 7 DATE: May 2026 D PROJECT: 24-289 SHEET: A portion of the NE 1/4 of the SE 1/4 of Section 31, N 1 OF 1 T3N., R1E., B.M., City of Meridian, Ada County, Idaho a - instrument - 06/17/2026 08:31:03 AM Page 8 of 9 n89°27'38"e 20 � N 0 0 0 0 W WO O N N N N N 20 S89°27'38"w 5/28/2026 Scale: 1 inch= 20 feet File: Tract 1:0.0138 Acres(600 Sq.Feet),Closure:n00.0000e 0.00 ft.(1/999999),Perimeter-100 ft. 01 s89.2738w 20 02 n00.3222w 30 03 n89.2738e 20 04 s00.3222e 30 Instrument - 06/17/2026 08:31:03 AM Page 9 of 9 orb ��o e 5/28/2026 Scale: 1 inch= 20 feet File: Tract 1:0.0138 Acres(600 Sq.Feet),Closure:n00.0000e 0.00 ft.(1/999999),Perimeter=100 ft. 01 s42.0841w 20 02 n47.5119w 30 03 n42.0841 a 20 04 s47.5119e 30