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HomeMy WebLinkAboutMcDermott Trunk ESMT-2026-0139 (2026-049809) Ada County Recorder Trent Tripple 2026-049809 Boise,Idaho Pgs=6 vbailey 07/08/2026 08:06:21 AM Project Name or Subdivision Name: CITY OF MERIDIAN IDAHO$0.00 McDermott Trunk Electronically Recorded Sanitary Sewer Main Easement Number_ Identity this Easement by sequential number if the project contains more than one easement of this type..See instructionsichecklist for additional information.. For Internal Use Only Record Number: ESMT-2026-0139 SANITARY SEER EASEMENT THIS Easement Agreement made this 7th day of July 20 26 between Magnolia East Dayspring Owner, LLC ("Grantor")and the City ofl\4eridian,an Idaho Municipal Corporation("Grantee"); WHEREAS,the Grantor desires to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described;and WHEREAS,the sanitary sewer 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 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 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. Sanitary Sewer Easement :page 1 Version 0 110 1/2024 Instrument # 2026-049809 07/08/2026 08:06:21 AM Page 2 of 6 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 he 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. TnE 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: Magnolia East Dayspring Owner, LLC � rnent or STATE OF IDAHO !Juratg Form ) ss County ofAda This record was acknowledged before me on (date) by (name of individual), [complete the following Z -signing in a representative capacity, or strike the following ifsigning in an individual capacity] on behalf of Magnolia East Dayspring Owner, LLC (name of entity on behalf of whom record was executed), in the following representative capacity- (type of authority such as officer or trustee) Notary Stamp Below Notary Signature See-the-Attached-CA.. 9 rnen.for MY Commission Expires: r6m Sanitary Sewer Easement Page 2 Version 01/01/2024 Instrument # 2026-049809 07/08/2026 08:06:21 AM Page 3 of 6 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Ook4ir On hU before me, A Kj �j (insert name and title of the officer) personally appeared aj� M C. who proved to me on the basis of satisfactory Rvoripnep'to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that helsho/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct_ WITNESSmy hand and official seal. ANDREW SUH COMM.#2449906 Z NOTARY PUBLIC-CALIFORNIA n LtJV LOS ANGELES COUNTY 0. My Comm.Expires June 12,2027 Signature (Seal) Instrument # 2026-049809 07/08/2026 08:06:21 AM Page 4 of 6 GRANTEE: CITY OF MERIDIAN Afid Raber E. S' ison Mayor 7-7-2026 SEAL Attest by C 's John r"" `, ity Clerk 7-7-2026 STATE OF IDAHO, ) : ss. County of Ada. ) This record was acknowledged before me on 7-7-2026 (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 Noy Signature NOTARY PUBLIC My Commission Expir 3-28-2028 STATE OF IDAHO Sanitary Sewer Easement Page 3 Version 01/01/2024 Instrument # 2026-049809 07/08/2026 08:06:21 AM Page 5 of 6 CITY OF MERIDIAN SEWER EASEMENT McDERMOTT TRUNK SEWER - PACKAGE B LOCATED IN THE NVV 1/4 OF SECTION 4, T3N, R1VV, B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO POINT OF COMMENCEMENT W 1/16 W. USTICK ROAD N 1/4 SECTION LINE N89'19'04"W 1319.17' 33 885.37' 433.80' POINT OF 4 BEGINNING cn af 30.00' C11 S89*19'0�:4"E a_ C4 MI I Ln RIGHT-OF-MY LINE MI I BLOCK 2 i i 0 L----------j N89*05'25"W 30.00' i :D 13 Q- (D PROPOSED DAYSPRING SUBDIVISION NO. 1 Z BLOCK I NL LA NO ST lnc am 11118 0;0 4? 06/ce zf,, Lan futions L 01 11�1 0 "and Surveying and Consulting 15' 30' 60 231 E 5TH ST. ON W \A1`1 MERIDIAN,ID 83642 (208)288-2040 (208)288-2557 fax www1andsolutions biz JOB NO 26-28 Instrument # 2026-049809 07/08/2026 08:06:21 AM Page 6 of 6 Legal Description City of Meridian Sewer Easement McDermott Trunk Sewer— Package B An easement being over a portion of the NW1/4 of Section 4, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows: EASEMENT Commencing at an Aluminum Cap monument marking the northeast corner of said NW1/4 (N1/4 corner), from which an Aluminum Cap monument marking the northwest corner of the NE1/4 of said NW1/4 (W 1/16 corner) bears N 89019'04"W a distance of 1319,17 feet; Thence along the northerly boundary of said NW%N 89°19'04"W a distance of 433.80 feet to a point; Thence leaving said northerly boundary S 0°54'35" W a distance of 25.00 feet to the POINT OF BEGINNING; Thence S 0°54'35" W a distance of 47.15 feet to a point; Thence N 89°05'25"W a distance of 30.00 feet to a point; Thence N 0054'35" E a distance of 47.03 feet to a point; Thence S 89019'04" E a distance of 30,00 feet to the POINT OF BEGINNING. Said easement contains 1,413 square feet (0,032 acres) and is subject to any other easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC oNA� a�0 June 8, 2026 5O�� �i~ fi 11118 l,�gTF 0 F ON W . NA City of Meridian Sewer Easements La'r)� _. b U t aTJ5 McDermott Trunk Sewer Package B (,��„_•-` Land Surveying and Consulting Job No.26-28 Page 1 of 1