Apex Northwest Subdivision No. 2 Sanitary Sewer and Water Main Easement No. 1 ESMT-2021-0140 (2021-179200) ADA COUNTY RECORDER Phil McGrane 2021-179200
BOISE IDAHO Pgs=11 ANGIE STEELE 12/22/2021 09:56 AM
CITY OF MERIDIAN, IDAHO NO FEE
Apex Northwest Subdivision No. 2
Sanitary Sewer and Water Main Easement No. 1
ESMT-2021-0140
SANITARY SEWER AND WATER MAIN EASEMENT
THIS Easement Agreement, made this 21 day of December 20 21 between
DWT Investments LLC and SCS Investments LLC C 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
Item#3.
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 Page 103
Item#3.
GRANTORS: DWT INVESTMENTS LLC
an Idaho limited liability company
By: Brighton Corporation, an Idaho
corporation, Mana
By:
Robert L. Phi ips, President
STATE OF IDAHO )
ss.
County of Ada )
On this day of November, 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 of 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.
':�-4 ILI
Q.tiL SHARIVAUGHAN
Notary Public for Ida
Notary Public-State of Idaho My commission expires 'o2Uo1
Commission Number 20181002
My Commission Expires Jun 1, 2024
Page 104
Item#3.
SCS INVESTMENTS LLC
an Idaho limited liability company
By "'4 " L g
chael A. Hall, President
STATE OF IDAHO )
ss.
County of Ada )
On this`bday of November, 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.
DONNA VALSON
COMMISSION#67674 otary Public for Idaho
NOTARY PUBLIC My Commission expires
STATE OF IDAHO �-
Page 105
GRANTEE: CITY OF MERIDIAN
Robert E. Simison,Mayor 12-21-21
Attest by Chris Johnson, City Clerk 12-21-21
STATE OF IDAHO, )
. ss.
County of Ada )
This record was acknowledged before me on 12-21-21 (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 Signature
Commission Expires: 3-28-2022
Residing in Meridian, Idaho
Notary of Idaho
Sanitary Sewer and Water Main Easement REV.01/01/2020 Page 106
Item#3.
km
E N G I N E E R I N G
November 18,2021
Project No.21-023
Apex Northwest Subdivision No.2
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 North 1/2
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 brass cap marking the Southeast corner of said Section 31,which bears
S00°32'22"E a distance of 2,700.07 feet from a found brass cap marking the East 1/4 corner of said
Section 31;
Thence following the easterly line of the Southeast 1/4 of said Section 31, N00°32'22"W a distance of
1,263.69 feet;
Thence leaving said easterly line,S89°27'38"W a distance of 450.86 feet to POINT OF BEGINNING I.
Thence N89°42'21"W a distance of 25.00 feet to the subdivision boundary of proposed Apex Northwest
Subdivision No.2;
Thence following said subdivision boundary, N00°17'39"E a distance of 54.00 feet to a point hereinafter
referred to as POINT A;
Thence leaving said subdivision boundary,S89°42'21"E a distance of 25.00 feet;
Thence S00°17'39"W a distance of 54.00 feet to POINT OF BEGINNING 1.
Said parcel contains 1,350 Sq. Ft., more or less.
TOGETHER WITH
Commencing at the point previously referred to as POINT A;
Thence N88°49'57"W a distance of 755.42 feet to the subdivision boundary of proposed Apex
Northwest Subdivision No.2 and being POINT OF BEGINNING 2.
Thence following said subdivision boundary, N89'43'08"W a distance of 37.27 feet to a point hereinafter
referred to as POINT B;
Thence leaving said subdivision boundary, N00°16'52"E a distance of 23.78 feet to the northerly line of
the Southeast 1/4 of said Section 31;
Thence following said northerly line,S89°43'08"E a distance of 37.27 feet;
Thence leaving said northerly line,S00°16'52"W a distance of 23.78 feet to POINT OF BEGINNING 2.
Said parcel contains 886 Sq. Ft., more or less.
5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939• kmengllp.com page 107
Item#3.
TOGETHER WITH
Commencing at the point previously referred to as POINT B;
Thence following the subdivision boundary of proposed Apex Northwest Subdivision No.2,the following
three (3)courses:
1. N89°43'08"W a distance of 15.01 feet;
2. S53'03'43"W a distance of 18.18 feet;
3. S00°17'39"W a distance of 11.00 feet to POINT OF BEGINNING 3.
Thence following said subdivision boundary,500`17'39"W a distance of 20.00 feet;
Thence leaving said subdivision boundary, N89'42'21"W a distance of 13.21 feet to the westerly line of
the Southeast 1/4 of said Section 31;
Thence following said westerly line, N00'07'49"W a distance of 20.00 feet;
Thence leaving said westerly line,S89.42'21"E a distance of 13.35 feet to POINT OF BEGINNING 3.
Said parcel contains 266 Sq. Ft., more or less.
Said description contains a total of 2,502 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 made a part hereof
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PAGE 12 Page 108
Item#3.
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Item#3.
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Title: POB 1 Date: 11-18-2021
Scale: 1 inch=40 feet File:
Tract 1: 0.031 Acres: 1350 Sq Feet:Closure=n00.0000e 0.00 Feet: Precision>1/999999: Perimeter=158 Feet
001=n89.4221w 25.00 003=s89.4221e 25.00
002=n00.1739e 54.00 004=s00.1739w 54.00
Page 110
Item#3.
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Title: POB 2 Date: 11-18-2021
Scale: 1 inch=40 feet File:
Tract 1: 0.020 Acres: 896 Sq Feet:Closure=n00.0000e 0.00 Feet: Precision>1/999999: Perimeter= 122 Feet
001=n89.4308w 37.27 003=s89.4308e 37.27
002=n00.I652e 23.78 004=s00.1652w 23.78
Page 111
Item#3.
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Title: POB 3 Date: 11-18-2021
Scale: 1 inch=40 feet File:
Tract 1: 0.006 Acres: 266 Sq Feet:Closure=n86.2644e 0.01 Feet: Precision=1/8141: Perimeter= 67 Feet
001=s00.1739w 20.00 003=n00.0749w 20.00
002=n89.4221 w 13.21 004=s89.4221 e 13.35
Page 112