Apex Southeast Subdivision No. 3 Sanitary Sewer and Water Main Easement No. 1 (2022-011547) ADA COUNTY RECORDER Phil McGrane 2022-011547
BOISE IDAHO Pgs=11 BONNIE OBERBILLIG 02/02/2022 08:13 AM
CITY OF MERIDIAN, IDAHO NO FEE
ESMT-2022-0112 Apex Southeast Subdivision No. 3
Sanitary Sewer and Water Main Easement No. 1
SANITARY WFR AND WATER MAIN EASEMENT
THIS Easement Agreement, made this 1st day of February 20 22 between
SCS Investments LLC and DWT 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: SCS INVESTMENTS LLC
an Idaho limited liability company
'Z By:
Michae Hall, President
DWT INVESTMENTS LLC
an Idaho limited liability company
By: Brighton Corpor tion,an Idaho
corporatio n er
By: n,
Robert illi , President
STATE OF IDAHO )
:ss.
County of Ada )
On thisa I day of January, in the year 2022,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 of 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.
-- - - - - - - - - - 4L. (L4
SHARI VAUGHAN Notary Public for I
Notary Public-State of Idaho
Commission Number 20181002 My Commission expires:
My Commission Expires Jun 1, 2024
STATE OF IDAHO )
:ss.
County of Ada )
On this DT)iay of January,in the year of 2022,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 WILSON
COMMISSION#67674
NOTARY PUBLIC otary Public for Idaho
STATE OF IDAHO My Commission expires ��
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor 2-1-2022
Attest by Chris Johnson, City Clerk 2-1-2022
STATE OF IDAHO, )
. SS.
County of Ada )
This record was acknowledged before me on 2-1-2022 (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
My Commission Expires: 3-28-2022
Sanitary Sewer and Water Main Easement REV.01/01/2020
Item#3.
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E N G I N E E R I N G
January 6,2022
Apex Southeast Subdivision No.3
Project No.21-025
Legal Description
City of Meridian Sewer&Water Easement
Exhibit A
Parcels of land for a City of Meridian sewer and water easement situated in a portion of the Southwest
1/4 of the Northwest 1/4 of Section 5,Township 2 North, Range 1 East, B.M., City of Meridian, Ada
County, Idaho and being more particularly described as follows:
Commencing at a 5/8-inch rebar marking the Center-West 1/16 corner of said Section 5,which bears
S00°01'43"E a distance of 2,672.87 feet from a found aluminum cap marking the Northeast corner of
Government Lot 4 of Section 5;
Thence following the westerly line of said Southeast 1/4 of the Northwest 1/4, N00°01'43"W a distance of
57.50 feet to a 1/2-inch rebar;
Thence leaving said westerly line and following the northerly right-of-way line of proposed E.Via Roberto St.,
N89°52'38"W a distance of 185.71 feet to POINT OF BEGINNING 1.
Thence following said northerly right-of-way line, N89°52'38"W a distance of 30.00 feet;
Thence leaving said northerly right-of-way line,N00°06'18"W a distance of 14.00 feet;
Thence N00'06'18"W a distance of 116.71 feet to a point hereinafter referred to as Point"A";
Thence N89*53'42"E a distance of 5.99 feet;
Thence 24.38 feet along the arc of a circular curve to the left,said curve having a radius 80.00 feet,a delta
angle of 17°27'44",a chord bearing of N81°09'50"E and a chord distance of 24.29 feet;
Thence S00°06'18"E a distance of 120.51 feet;
Thence 500°06'18"E a distance of 14.00 feet to POINT OF BEGINNING 1.
Said parcel contains 3,952 square feet,more or less.
Commencing at a point previously referred to as Point"A",thence N86°31'33"W a distance of 929.10 to
POINT OF BEGINNING 2.
Thence S89°53'42"W a distance of 123.10 feet;
Thence S89`53'42"W a distance of 23.00 feet;
Thence N00°04'35"W a distance of 30.00 feet;
Thence N89°53'42"E a distance of 143.00 feet;
Thence S00°04'35"E a distance of 7.96 feet;
Thence 22.33 feet along the arc of a circular curve to the left,said curve having a radius of 80.00 feet,a delta
angle of 15°59'26",a chord bearing of S8°04'18"E and a chord distance of 22.25 feet to POINT OF BEGINNING
2.
5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939 • kmengllp.com
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Item#3.
Said parcel contains 4,313 square feet, more or less.
Said description contains a total of 8,265 total square feet,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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001=s89.5342w 123.10 004=n89.5342e 143.00
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