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HomeMy WebLinkAboutApex Northwest Sub. No. 7 ESMT-2026-0132 (2026-044037) Ada County Recorder Trent Tripple 2026-044037 Boise,Idaho Pgs=6 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: 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-2026-0132 SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement made this 16th day of June 20 26 between Smith Brighton inc. ("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 1 Version 01/01/2024 Instrument # 2026-044037 06/17/2026 08:31:03 AM Page 2 of 6 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. GRANTOR: SMITH BRIGHTON INC. an Idaho Corporation /41 Michael A.Hall,(Vice Presid nt STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on � (date) by Michael A.Hall (name of individual), [complete the following ifsigning in a representative capacity, or strike the following ifsigning in an individual capacity] on behalf of Smith Bdghton Inc (name of entity on behalf of whom record was executed),in the following representative capacity:as vice President (type of authority such as officer or trustee) — Notary Stamp Below Zf l r o O M Notary Signature My Commission Expires: Sanitary Sewer and Water Main Easement Page 2 Version 01/01/2024 Instrument # 2026-044037 06/17/2026 08:31:03 AM Page 3 of 6 GRANTEE: CITY OF MERIDIAN Robert E. Si Ma 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 C HARLE N E WAY COMMISSION No. 67390 NOTARY PUBLIC Notary Signature 3-28-2028 STATE OF IDAHO My Commission Expires: Sanitary Sewer and Water Main Easement Page 3 Version 01/01/2024 Instrument # 2026-044037 06/17/2026 08:31:03 AM Page 4 of 6 kin 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 A parcel of land for a City of Meridian Water and Sewer Easement situated in a portion of the Southeast 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,S00032'22"E a distance of 1,460.44 feet; Thence leaving said easterly line,N89°42'21"W a distance of 335.11 feet to the POINT OF BEGINNING. Thence S00`17'49"W a distance of 52.00 feet; Thence N89042'18"W a distance of 31.00 feet; Thence N00°17'49"E a distance of 52.00 feet; Thence S89042'21"E a distance of 31.00 feet to the POINT OF BEGINNING. Said parcel contains 1,612 square feet,more or less,and is subject to all existing easements and/or rights-of- way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. 12459 F S` 7.q •ZO I-6 5725 North Discovery Way • Boise,Idaho 83713 • 208.639.6939 • kmenglip.tom Instrument # 2026-044037 I 0 60 120 180 POINT OF COMMENCEMENT Plan Scale: 1 =60 FOUND ALUMINUM CAP EAST 1/4 CORNER SECTION 31 31 32 I �I Proposed o Apex Northwest ed Subdivision No. 7 E. Crescendo St. S89'42'21"E ro z I= 0 31.00' POINT OF BEGINNING o 6 o N89'42'21"W �N m o w� � 5.11' (TIE) I N � N1 O O - N N V ^IN NIA I � Q JO a zA �� Smith Brighton Inc z m V] S1131449050 N8s'42'18"W} 1436 E. Phenomenal St. 31.00' = co m � NI Z cW W K W 3 W N {K.I r 3 z a S E. Lake Hazel Rd. 31 32 6 5 N FOUND ALUMINUM CAP N SOUTHEAST CORNER SECTION 31 E N G I N E E R I N G m 5725 NORTH DISCOVERY WAY = BOISE,IDAHO83713 -6 PHONE(208)639-6939 Exhibit B - City of Meridian Water and Sewer Easement u kmengllp.com Apex Northwest Subdivision No. 7 DATE: May 2026 N PROJECT: 24-289 M SHEET: A portion of the SE 1/4 of the SE 1/4 of Section 31, a 1 OF 1 T3N., R1E., B.M., City of Meridian, Ada County, Idaho a Instrument # 2026-044037 06/17/2026 08:31:03 AM Page 6 of 6 Title: Date: 05-14-2026 Scale: 1 inch= 10 feet File: Deed Plotter.des Tract 1: 0.037 Acres: 1612 Sq Feet:Closure=s00.1740w 0.00 Feet: Precision>1/999999: Perimeter= 166 Feet 001=s00.1749w 52.00 003=n00.1749e 52.00 002=n89.4218w 31.00 004=s89.4221e 31.00