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HomeMy WebLinkAboutZenith Subdivision ESMT-2026-0134 (2026-045757) Ada County Recorder Trent Tripple 2026-045757 Boise,Idaho Pgs=9 vbailey 06/24/2026 08:29:52 AM CITY OF MERIDIAN IDAHO$0.00 Electronically Recorded Project Name or Subdivision Name: Zenith Subdivision Sanitary Sewer&Water Main Easement Number: 3 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-2026-0134 SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement made this23rd day of June 2026 between DWT INVESTMENTS LLC&SCSH PROPERTIES LLC ("Grantor")and the City otMeridian,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 # 2026-045757 06/24/2026 08:29:52 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 # 2026-045757 06/24/202608:29:52AM Page 3ofg DWT INVESTMENTS LLC an Idaho limited liability company By: Brighton Corporation, an Idaho corporation, Manager By: Robert L. Phiflips, President of Manger STATE OF |DAHO ) ss. County 0fAda \ On this 4 day of ] 3026. before me, the Notary Public iDand for said State, personally appeared Robert L. Phillips, known or identified to me to be the President ofBrighton Corporation, the Manager ofDV\T Investments LLC, an Idaho limited |iobi|dv conlpaDy, who subscribed said limited liability company name to the foregoing instrument, and acknowledged to mme that he executed the within instrument onbehalf of said corporation, and that such corporation executed the same in said limited liability company name. IN WITNESS WHEREOF, | have hereunto set my hand and affixed my official seal the day and year iDthis certificate first above written. Instrument # 2026-045757 06/24/202608:29:52AM Page 4ofg SCS0 PROPERTIES LLC. on Idaho limited liability company By: GCG Management LLC. en Idaho limited liability company Its: Manager By:- x4m JA '�k STATE OF |OAHO ) � am. County of Ada ) On this day of /n the year of20 >v», behznn me a Notary Public of said @tete, personally appeared Michael A. HoU, known or identified to me to be the President of 8CS Management LLC. the Manager of S{}GH Properties LLO. on Idaho limited liability oompmny, who subscribed said limited liability company name to the foregoing inotnument, and acknowledged to me that he executed the within instrument on behalf ofsaid limited liability oonnpony, and that such limited liability company executed the same in said limited liability company name. IN VV|TNEG8 WHEREOF, | have hereunto set my hand and affixed my official naa| the day and year in this certificate first above written. Instrument # 2026-045757 06/24/2026 08:29:52 AM Page 5 of 9 GRANTEE: CITY OF MERIDIAN Robert E. Simi on, ayor ' 23-2026 (Z,/ —6'�� SF,AL Attest by Q6S John` "";City Clerk 6-23-2026 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 6-23-2026 (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 Cha&YCW2�j COMMISSION No. 67390 NOTARY PUBLIC STATE OF IDAHO Notary Signature 3-28-2028 My Commission Expires: Sanitary Sewer and Water Main Easement Page 3 Version 01/01/2024 Instrument # 2026-045757 06/24/2026 08:29:52 AM Page 6 of 9 E N G I N E E R I N G June 04,2026 Project No.:26-005 Zenith Subdivision City of Meridian Water and Sewer Easement Legal Description Exhibit A Parcel of land for a City of Meridian Water and Sewer Easement being a portion of Government Lot 4 of Section 6,Township 2 North, Range 1 East, B.M.,City of Meridian,Ada County, Idaho being more particularly described as follows: Commencing at an aluminum cap marking the Northwest corner of said Section 6,which bears N89°42'12"W a distance of 1,189.98 feet from a 5/8-inch rebar marking the Northeast corner of Government Lot 4 of said Section 6,thence following the northerly line of said Government Lot 4, S89°42'12"E a distance of 589.06 feet; Thence leaving said northerly fine,S00'17'48"W a distance of 289.86 feet to an angle point of an existing Sanitary Sewer and Water Main Easement per Instrument No.2025-71047 and being the POINT OF BEGINNING. Thence following said existing easement,S00"17'48"W a distance of 35.00 feet; Thence leaving said existing easement, N89'42'12"W a distance of 103.22 feet; Thence S00°17'48"W a distance of 31.50 feet; Thence N89°42'12"W a distance of 31.00 feet; Thence N00°17'48"E a distance of 31.50 feet; Thence N89°42'12"W a distance of 102.08 feet; Thence S45'17'48"W a distance of 9.28 feet; Thence S00°17'48"W a distance of 247.54 feet to a point on said existing easement; Thence following said existing easement,N34'59'44"W a distance of 23.74 feet; Thence leaving said existing easement,S55'00'16"W a distance of 28.41 feet; Thence N89`42'12"W a distance of 23.10 feet; Thence N00°17'48"E a distance of 20.00 feet; Thence S89042'12"E a distance of 25.00 feet; Thence N00°17'48"E a distance of 152.88 feet; Thence N89`42'12"W a distance of 25.00 feet; Thence N00'17'48"E a distance of 20.00 feet; Thence S89'42'12"E a distance of 40.00 feet; Thence N00017'48"E a distance of 59.22 feet; Thence N44°42'12"W a distance of 40.54 feet; Thence N45°17'48"E a distance of 20.00 feet; Thence S44°42'12"E a distance of 12.40 feet; Thence S89°42'12"E a distance of 134.39 feet; Thence N00017'48"E a distance of 54.00 feet; Thence S89°42'12"E a distance of 31.00 feet; Thence S00'17'48"W a distance of 54.00 feet; Thence S89°42'12"E a distance of 103.22 feet to the POINT OF BEGINNING; 5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939 • kmengllp.com Instrument # 2026-045757 06/24/2026 08:29:52 AM Page 7 of 9 Said parcel contains 0.485 acres(21,133 sq.ft.)more or less,and is subject to all existing easements and/or rights-of-way of record or implied. All subdivisions,deeds,records of surveys,and other instruments of record referenced herein are recorded documents of the county in which these described lands are situated. Attached hereto is Exhibit B and by this reference is made a part hereof. S T 4 S N 12459 c OF (�• O� ZO1.So PAGE 2 P:\26-005\SURVEY\CAD\EXHIBITS\26-005 CITY OF MERIDIAN WATER AND SEWER EASEMENT.DWJQr't LUWM#6#/-2-0.2r�GQ46-767--- S. Meridian Rd. L9 r -4 _ 0o0 Z w � � °o o NOU 17'48"E 152.88 ��� �6 Z z ---------� IC-4 L34 �� o*� ❑— o D m'q �3 Ccni n N W ————S00'17'48"W 247.54-—— cn J z o z�z z �Zz o -�ry rn m to DII M \ o \ a, L4 L18 \1 , -Ua XO w M < _ Cx—n 0 N r vzi�� �v 0 .-r �L2� � L20 � [�} Mo (D z� �(n M I Z (Al ro � �1� ,�o Z o o Dz � w w { zZ � IOO� m p ❑ Oo ® ozD r- � iv N� z� b fin • (Tt C� r tom?' N'�`? 0 O N_ n 01 jMvs EI Ir'' IN0IrX — - - 289.86' (TIE) o� S00'i 7'48"W AL m ca M:j DDrD D MM \ O �+, ( ( rn 'Coz — n n n 0° Z OL oo bow CL � zz CZ � o �, I NIA a MD - - - - - - - - — - - - - - - - r r r M m (D r m Z Z 0 0 > �O r*I m — o c — — — — — — — — — — — _ — — — — — — - m 1 TI 0 z 00 I 1 ? v zv M o �KIn r s j r r r r r r r r j z �z n O cD 00 �I M 0 � W N � O CD 00 �! M CA W N m M r O W W z 01 z z z to z z M z z to z to z z to rn y a m O 00 O O 00 O M O CD 0 (A � O W O O ;0 Ln M O cD O -pt q O Iq O cD CQ O -pt O O m r j 46 P6 o g y Z O �! m z 00 N 00 CD 00 N DO N 00 N N OD N O 06 00 N 00 OD Gl D V1 mc r D m r o m Ln W U1 O O O N � (A W � 1 ? O 0 O O o Ut O L4 00 W •• z O O O -0- O Cn O O O O � v O D O O O -P N O O O O O n 00 M O m Ln a o = O D N z z ,,, `m m Exhibit B Mco m 3 City of Meridian Water and Sewer Easement N =z a O wnv v°o=n rn T ° 33 Zenith Subdivision 3 m'z M 70 {.� z 6 "s Gov. Lot 4, Sec. 6,T2N, R1E, BM, City of Meridian, Ada County, Idaho Instrument # 2026-045757 06/24/2026 08:29:52 AM Page 9 of 9 s89°42'12"e 31 d 3 i0 bo v v LO I 0 0 C N C s89°42'12"e s89°42'12"e 134.39 103.22 : BO go y 3'y M C)� 7� 102.08 103.22 n89 42'12'w m 3 n89°42'12"w ao a� bo rm C90 0 N 31 CD o v°fi n89°42'12"w c s89°42'12"e m 40 v CO N� N N GO 7 00 �N o N O T C 13 w 6/2/2026 Scale: 1 inch= 50 feet File: Tract 1:0.4852 Acres(21133 Sq.Feet),Closure:s83.2325e 0.01 ft.(1/118706),Perimeter=1458 ft. 01 s00.1748w 35 17 s89.4212e 40 02 n89.4212w 103.22 18 n04.1748e 59.22 03 s00.1748w 31.5 19 n44.4212w 40.54 04 n89.4212w 31 20 n45.1748e 20 05 n00.1748e 31.5 21 s44.4212e 12.4 06 n89.4212w 102.08 22 s89.4212e 134.39 07 s45.1748w 9.28 23 n00.1748e 54 08 s00.1748w 247.54 24 s89.4212e 31 09 n34.5944w 23.74 25 s00.1748w 54 10 s55.0016w 28.41 26 s89.4212e 103.22 11 n89.4212w 23.1 12 n00.1748e 20 13 s89.4212e 25 14 n00.1748e 152.88 15 n89.4212w 25 16 n00.1748e 20