Apex Southeast Subdivision No. 1 Sanitary Sewer and Water Main Easement No. 1 (2021-126677) ADA COUNTY RECORDER Phil McGrane 2021-126677
BOISE IDAHO Pgs=12 ANGIE STEELE 08/26/2021 09:27 AM
CITY OF MERIDIAN, IDAHO NO FEE
Project Name(Subdivision):
APEX Southeast Subdivision No.1
Sanitary Sewer&Water Main Easement Number:
1
Identify this Easement by sequential number if Project contains
more than one easement of this type.
(See Instructions for additional information).
SANITARY SEWER AND WATER MAIN EASEMENT
THIS Easement Agreement, made this 24thday of August 2021 between
DWT Investments LLC and SCS Investments LLC ("Grantor") and the City of
Meridian,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.
TO HAVE AND TO HOLD, the said easement and right-of-way unto the said
Grantee, it's 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 REV.01/01/2020
THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed
any permanent structures, trees, brush, or perennial shrubs or flowers within the area
described for this easement, which would interfere with the use of said easement, for the
purposes stated herein.
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 REV.01/01/2020
GRANTORS: DWT INVESTMENTS LLC
an Idaho limited liability company
By: Brighton Corporation, an Idaho corporation,
Manager
By:
Robert L. Phillip, President
STATE OF IDAHO )
ss.
County of Ada )
On this�'tA day of August, in the year of 2021, before me a Notary Public of 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,the company that executed the instrument or the
person who executed the instrument on behalf of said company, 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.
I
SHARI VAUGHAN Notary Public for Idaho //
Notary Public-State of Idah]2024
My Commission expires Cam'
Commission Number 201810
My Commission Expires Jun 1,
SCS INVESTMENTS LLC
an Idaho limited liability company
By:
,/Vl 4 4
Michael k Hall, President
STATE OF IDAHO )
SS.
County of Ada )
On this3r-4day of August, in the year of 2021, before me a Notary Public of said State, personally
appeared Michael A. Hall, known or identified to me to be the President of SCS Investments LLC,the
company that executed the instrument or the person who executed the instrument on behalf of said
company,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.
IG�vL Gu !�
SHARI VAUGHAN
Notary Public-State of Idaho Notary Public for Idaho
Commission Number 20181002 My Commission expires
My Commission Expires Jun 1, 2024
GRANTEE: CITY OF MERIDIAN
Robert If Simiso ,May -x£ -2021
CifE"xn N
Attest by Chris J nson, Ci ..`; 8-24-2021
STATE OF IDAHO, )
. ss.
County of Ada )
This record was acknowledged before me on 8-24-2021 (date) by
Robert E. S i m i s o n and Chris Johnson on behalf of the City of Meridian, in
their capacities as Mayor and City Clerk, respectively.
CHARLENE WAY Notary Signature
COMMISSION#67390 My Commission Expires: 3-28-2022
NOTARY PUBLIC
STATE OF IDAHO
MY OMMISSION EXPIRES 3128122
Sanitary Sewer and Water Main Easement REV.01/01/2020
km
ewo / wcEn | ws
August 2, 2021
APEX Southeast Subdivision No. l
Project No. %O'124
Legal Description
City of Meridian Sewer/§Water Easement
Exhibit A
A parcel of land situated in a portion of the Northwest 1/4 of the Northwest 1/4 of Section 5,
Township 2 North, Range I East, Boise Meridian, City of Meridian, Ada County, Idaho being
more particularly described Vsfollows:
Commencing at a brass cap marking the Northwest corner of said Section 5,which bears
NOO*04'35"W a distance of 2,671.16 feet from a brass cap marking the West 1/4 corner of said
Section 5, thence following the westerly line of said Section 5,SOO"O4'35"Ea distance of593.78
feet;
Thence N89"S5'2S"Ea distance of3O2.9O feet to POINT OF BEGKNy0INGl.
Thence N89*54'48"E a distance of 31.10 feet to a point hereinafter referred to as "POINTA";
Thence SOO"O4'SS"Eadistance of2S.00 feet to the northerly right-of-vvay line mf proposed E.
Tower St.;
Thence following said right-of-xxay line, S89°53'42"VVa distance of31.1Ofeet;
Thence leaving said right-of-way line, NOO*04'35"W a distance of 25.00 feet to POINT OF
BEGINNING 1.
Said parcel contains 777 Sq. Ft, more orless.
TOGETHER WITH
Commencing at the point previously referred toas "POINT A",thence toa point un the easterly
right-of-way line of proposed S. Peak Ave., N72*45'33"E a distance of 520.56 feet and being
POINT OF BEGINNING 2.
Thence following said right-of-way line, NOO*06'18"W a distance of 20.00 feet to a point
hereinafter referred to as "POINT B";
Thence leaving said right-of'vvay line, N89"S3'42"Ea distance of36.SOfeet;
Thence 5DO"OG'18"Ee distance of2O.DOfeet;
Thence S8953'42"W a distance of 36.50 feet to said right-of-way line and POINT OF
BEGINNING I.
Said parcel contains 73OSq. Ft, more or |ess'
5725 North Disco"r'vWay - Boise, /dahouar1s ` 208.639.6939 ^ km`,om||p.cuw
TOGETHER WITH
Commencing at the point previously referred to as "POINT B",thence to a point on the westerly
right-of-way line of said proposed S. Peak Ave, N23°49'52"W a distance of 201.31 feet and
being POINT OF BEGINNING 3.
Thence S89053'44"W a distance of 25.02 feet;
Thence N00006'16"W a distance of 20.00 feet;
Thence N89'53'44"E a distance of 25.02 feet to a point on said right-of-way line and hereinafter
referred to as"POINT C";
Thence following said right-of-way line, S00006'16"E a distance of 20.00 feet to POINT OF
BEGINNING 3.
Said parcel contains 500 Sq. Ft., more or less.
TOGETHER WITH
Commencing at the point previously referred to as "POINT C",thence to a point on the easterly
right-of-way line of said proposed S. Peak Ave, N76a23'15"E a distance of 83.31 feet and being
POINT OF BEGINNING 4.
Thence following said right-of-way line, N00006'18"W a distance of 20.00 feet;
Thence leaving said right-of-way line, N89*53'42"E a distance of 20.00 feet;
Thence S00006'18"E a distance of 20.00 feet;
Thence S89"53'42"W a distance of 20.00 feet to said right-of-way line and POINT OF
BEGINNING 4.
Said parcel contains 400 Sq. Ft., more or less.
Said description contains a total of 2,407 Sq. Ft., more or less, and is subject to any existing
easements and/or rights-of-way of record or implied.
Attached hereto is Exhibit B and by this reference is hereby made a part hereof.
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PAGE 12
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Title: 20-124 City of Meridian Sewer&Water Esmt- POB I Date:06-01-2021
Scale: I inch=20 feet I File: Deed Plotter.des
Tract 1: 0.018 Acres: 777 Sq reet:Closure=nOO.0545wO.O I rect: Precision=1/1 1275: Perimetcr= 112 Feet
001=n89.544ge3l.10 003=s89.5342w 3 1.10
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Title:20-124 City of Meridian Serer& Water Esnit- POB 2 Date:06-01-2021
Scale: I inch=20 feet File: Deed Plotter.des
Tract 1: 0.017 Acres: 730 Sq Feet:Closure=n00.0000e 0.00 Feet: Precision>1/999999: Perimeter= 113 Feet
001=n00.06 I Sw 20.00 003=s00.0618e 20.00
002=n89.5342e 36.50 004=s89.5342w 36.50
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Title: 20-124 City of Meridian Sewer&Water Esmt- POB 3 Date:06-01-2021
Scale: I inch=20 feet 77Pile: Deed Plotter.des
Tract 1: 0.011 Acres: 500 Sq Feet:Closure=n00.0000e 0.00 Feet: Precision>11999999: Perimeter= 90 Feet
001=s89.5344w25.02 003=n89.5344e 25.02
002=n00.0616w 20.00 004=s00.0616e 20.00
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Title: 20-124 City of Meridian Sever& Water Esmt-POB 4 Date:06-01-2021
Scale: I inch=20 feet I File: Deed Plotter.des
Tract 1: 0.009 Acres: 400 Sq Feet:Closure=n00.0000e 0.00 Feet: Precision>1/999999: Perimeter= 80 Feet
001=n00.06 18w 20.00 003=s00.06 18e 20.00
002=n89.5342e 20.00 004=s89.5342w 20.00