Apex Northwest Subdivision No. 1 Sanitary Sewer and Water Main Easement No. 1 ESMT-2022-0144 (2022-033763) ADA COUNTY RECORDER Phil McGrane 2022-033763
BOISE IDAHO Pgs=10 BONNIE OBERBILLIG 04/06/2022 08:03 AM
CITY OF MERIDIAN, IDAHO NO FEE
ESW-2022-0144 Apex Northwest Subdivision No. 1
Sanitary Sewer and Water Main Easement No.1
SANITARY SEWER ANDMATER MAIN EASEMENT
THIS Easement Agreement, made this 5th day of April 2022 between
_Smith Brighton Inc. ("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.
GRANTOR: SMITH BRIGHTON INC.
Robert L. Phillips, President
STATE OF IDAHO )
) ss
County of Ada )
This record was acknowledged before me on March$ 2022 (date) by
Robert i.. Phillinc (name of individual), [complete the following if signing in a
representative capacity, or strike the following if signing in an individual capacity] on
behalf of Smith Brighton Inc. (name of entity on behalf of whom record was
executed), in the following representative capacity: President (type
of authority such as officer or trustee)
_(dam ) _ `Q 0 �I At,kh,
SHARIVAUGHAN
Notary Public-State of Idaho Notary Signature
Commission Number 20181002
My Commission Expires Jun 1, 2024 My Commission Expires:
Sanitary Sewer and Water Main Easement REV.0 1/0 1/2020
Page 95
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor 4-5-2022
Attest by Chris Johnson, City Clerk 4-5-2022
STATE OF IDAHO, )
. ss.
County of Ada )
This record was acknowledged before me on 4-5-2022 (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-
Sanitary Sewer and Water Main Easement REV.01/01/2020
Item#5.
E N G I N E E R I N G
November 18,2021
Project No.:20-155
Apex Northwest Subdivision No. 1
City of Meridian Sewer and Water Easement
Legal Description
Exhibit A
Parcels of land for a City of Meridian sewer and water easement being a portion of the Southeast 1/4 of
the Southeast 1/4 of Section 31,Township 3 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 Southeast corner of said Section 31,which bears
S00°32'22"E a distance of 2,700.07 feet from a 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
267.85 feet;
Thence leaving said easterly line, S89°27'38"W a distance of 38.50 feet to the westerly right-of-way line
of S. Locust Grove Rd. and being POINT OF BEGINNING 1.
Thence leaving said easterly right-of-way line, N89°42'21"W a distance of 146.06feet;
Thence S00°16'52"W a distance of 31.69 feet;
Thence S26°34'53"W a distance of 59.87 feet;
Thence N89°43'32"W a distance of 431.08 feet to a point hereinafter referred to as Point"A";
Thence N00°16'45"E a distance of 32.00 feet;
Thence S89°43'32"E a distance of415.14 feet;
Thence N07°48'59"E a distance of 64.59 feet;
Thence N00°16'52"E a distance of 348.58 feet;
Thence S89°42'21"E a distance of 34.00 feet;
Thence S00°16'52"W a distance of 327.24 feet;
Thence S89°42'21"E a distance of 145.60 feet to said easterly right-of-way line;
Thence following said easterly right-of-way line,S00°32'22"E a distance of 32.00 feet to POINT OF
BEGINNING 1.
Said parcel contains 0.755 acres, more or less.
TOGETHER WITH:
Commencing at a point previously referred to as Point "A",thence N69°51'12"W a distance of 71.24 feet
to POINT OF BEGINNING 2.
Thence 15.70 feet along the arc of a curve to the left,said curve having a radius of 30.00 feet,a delta
angle of 29°59'12", a chord bearing of N74°42'44"W and a chord distance of 15.52 feet,-
Thence N89°42'21"W a distance of 490.50 feet;
Thence 13.53 feet along the arc of a curve to the left,said curve having a radius of 28.00 feet,a delta
angle of 27°40'37", a chord bearing of S76°27'20"W and a chord distance of 13.39 feet;
Thence N00°16'52"E a distance of 26.40 feet;
Thence 13.51 feet along the arc of a curve to the left,said curve having a radius of 28.00 feet,a delta
angle of 27°39'04", a chord bearing of 575°52'49"E and a chord distance of 13.38 feet;
5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939 • kmengllp.com page 97
Item#5.
Thence S89°42'21"E a distance of 265.01 feet to a point hereinafter referred to as Point"B";
Thence N00°16'52"E a distance of 280.05 feet;
Thence N89°42'21"W a distance of 264.99 feet;
Thence 13.53 feet along the arc of a curve to the left,said curve having a radius of 28.00 feet,a delta
angle of 27°40'37",a chord bearing of S76°27'20"W and a chord distance of 13.39 feet;
Thence N00°16'52"E a distance of 26.40 feet;
Thence 13.53 feet along the arc of a curve to the left,said curve having a radius of 28.00 feet,a delta
angle of 27°39'04",a chord bearing S75°52'49"E and a chord distance of 13.38 feet;
Thence S89°42'21"E a distance of 357.00 feet;
Thence 43.99 feet along the arc of a curve to the left,said curve having a radius of 28.00 feet,a delta
angle of 90°00'47",a chord bearing of N45°17'16"E and a chord distance of 39.60 feet;
Thence N00"16'52"E a distance of 71.99 feet;
Thence S89°42'21"E a distance of 20.00 feet;
Thence S00°16'52"W a distance of 372.06 feet;
Thence 19.51 feet along the arc of a curve to the left,said curve having a radius of 28.00 feet,a delta
angle of 39°54'57",a chord bearing of S19°40'36"E and a chord distance of 19.11 feet;
Thence S89°43'08"E a distance of 93.98 feet;
Thence S00°16'52"W a distance of 34.07 feet to POINT OF BEGINNING 2.
EXCEPTING THEREFROM:
Commencing at a point previously referred to as Point"B",thence N63043'35"E a distance of 22.36 feet
to POINT OF BEGINNING 3.
Thence N00°16'52"E a distance of 270.05 feet;
Thence S89°42'21"E a distance of 40.01 feet;
Thence S00°16'52"W a distance of 10.04 feet;
Thence S89°43'08"E a distance of 53.47 feet;
Thence 19.51 feet along the arc of a curve to the right,said curve having a radius of 28.00 feet,a delta
angle of 39°54'57",a chord bearing of S19°40'36"E and a chord distance of 19.11 feet;
Thence S00°16'52"W a distance of 224.05 feet;
Thence 19.53 feet along the arc of a curve to the right,said curve having a radius of 28.00 feet,a delta
angle of 39°57'42",a chord bearing of S20°15'44"W and a chord distance of 19.14 feet;
Thence N89°43'08"W a distance of 93.46 feet to POINT OF BEGINNING 3.
Said parcel contains 0.802 acres, more or less.
Said description contains a total of 1.557 acres,more or less,and is subject to all 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. °-4. 1
a �124590 0
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City of Meridian Sewer and Water Easement 'I�' •��i
Apex Northwest Subdivision No.1 PAGE 12 page 98
Item#5.
FOUND BRASS CAP
EAST 1/4 CORNER
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SECTION 31
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LINE TABLE to I � I
I LINE BEARING DISTANCE
o I L1 S89'27'38"W 38.50 Ld I I N O
Proposed NJ I N
�) L2 N89'42'21"W 146.06 Apex Northwest LID
o w f 1-3 SO'16'52"W 31.69 Subdivision No. 1 of to �I
= I L4 S26'34'53"W 59,87 z l I N
w L5 NO'16'45"E 32.00 I I N
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W J N07'48'59"E — — ——� L1�N
L8 SO'32'22"E 32.00
H I 64.59'� —— L2 (TIE)I,,� m
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N89'43'32"W 431.08'
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POINT "A"
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2
3
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POINT OF COMMENCEMENT
FOUND ALUMINUM CAP
W SOUTHEAST CORNER SECTION 31
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W E N G I N E E R I N G
Y
5725 NORTH DISCOVERY WAY
i BOISE,IDAHO 83713
PHONE(208)639-6939 Exhibit B
kmengllp.com
City of Meridian Sewer and Water Easement
c DATE: N ovemb e2021
a
o PROJECT: 20.155
SHEET: Apex Northwest Subdivision No. 1
1 OF 2 SE1/4 SE1/4 Sec. 31, T3N., R1E., BM., City of Meridian, Ada County, Idaho
Page 99 j
Item#5.
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0 80 160 240 N00'16'52"E�®1 i 1
0 71.99' INow
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"s S89'42'21"E 357.00' I
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--- N89'42'21"W 264.99- ---t -- -L16 IC
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LINE TABLE I I I 1 "� 3 Z
3 LINE BEARING DISTANCE O
p Z 'Di 26.40 L9 0
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woNO"16'52"E 26.4010 I o N I0 L1 1 S89'4221 E 20.00 N V) Q N
1 w 111 I w
L12 S89'43'08"E 93.98 N 1 iv 1 I N
L13 SO*16'52"W 34.07 '��p I 1 CID �I I I '
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L14 S89'42'21"E 40.01 Z 1 10 o
L15 SO'16'52"W 10.04 I I V)I I U
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3 L17 N89'43'08"W 93.46 I C9 j 1 C7
C3 POINT "B" I 1 L17 L12
S89'42'21"E 265.01' ---- -� ---- - I
•--- --- ------- ---- N63'43'35"E
°-�'X _____ __ _22.36' (TIE)
----- - -- --
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N89'42'21"W 490.50' �
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CURVE TABLE P.O.B. 2 1
G CURVE RADIUS LENGTH DELTA CHORD BRG CHORD
N69'51'12"W
a C1 30.00' 15.70' 29*59'12" N74-42'44"W 15.52' 71.24' (TIE) I
N
E
C2 28.00' 13.53' 27'40'37" S76-27'20"W 13.39'
Y Io C3 28.00' 13.51' 2739'04" S75'52'49"E 13.38'
3
C, C4 28.00' 13.53' 27'40'37" S76'27'20"W 13.39'
C5 28.00' 13.51' 2739'04" S7552'49"E 13.38'
a
z C6 28.00' 43.99' 90'00'47" N45'17'16"E 39.60'
Y
C7 28.00' 19.51' 39'54'57" S19'40'36"E 19.11'
C7
it C8 28.00' 19.51' 39-54-57" S19-40'36"E 19.11'
WC9 28.00' 19.53' 39-57'42" S20-15'44"W 19.14'
E N G I N E E R I N G
Y
5725 NORTH DISCOVERY WAY
i BOISE,IDAHO 93713
PHONE(208)639-6939 Exhibit B
x kmengllp.com City of Meridian Sewer and Water Easement
DATE: November2021
o PROTECT: 20-155
SHEET; Apex Northwest Subdivision No. 1
2 OF 2 SE1/4 SE1/4 Sec. 31, T3N., R1E., BM., City of Meridian, Ada County, Idaho
Page 100
Item#5.
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s89°42'21"e
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431.08 J
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Title: Parcel 1 Meridian Sewre and Water Easement Date: 11-11-2021
Scale: 1 inch=80 feet I File:
Tract 1: 0.755 Acres: 32897 Sq Feet:Closure=s06.1345w 0.00 Feet: Precision=1/589157: Perimeter=2068 Feet
001=n89.4221w 146.06 006=s89.4332e 415.14 011=s89.4221e 145.60
002=s00.I 652w 31.69 007=n07.4859e 64.59 012=s00.3222e 32.00
003=s26.3453w 59.87 008=n00.1652e 348.58
004=n89.4332w 431.08 009=s89.4221 a 34.00
005=n00.1645e 32.00 010=s00.1652w 327.24
Page 101
Item#5.
40.01
s89142'21"e 53.47
s89°43'08"e
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n89°43'08"w v
93.46
Title: Parcel 2 Meridian Sewer and Water Easement Exception Date: 11-12-2021
Scale: 1 inch=50 feet File:
Tract 1: 0.604 Acres: 26328 Sq Feet:Closure=s83.1556w 0.01 Feet: Precision=1/132014: Perimeter=730 Feet
001 Z100.1652e 270.05 004=s89.4308e 53.47 007:Rt,R=28.00,Delta=39.5742
002=s89.4221 e 40.01 005:Rt,R=28.00.Delta-39.5457 Bng320.1544w,Chd=19.14
Bn�19.4036e,Chd=19.11 008=n89.4308w 93.46
003=s00.1652w 10.04 006=s00.1652w 224.05
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Page 102
Item#5.
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s89'42'21"e
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Title: Parcel 2 Meridian Sewer and Water Easement Date: 11-11-2021
Scale: 1 inch=70 feet I File:
I
Tract 1: 1.406 Acres: 61225 Sq Feet:Closure=n39.4649w 0.02 Feet: Precision=1/125775: Perimeter=2436 Feet
912
B g-n74 4244w,Chd=15 52 008=n89.4221 w 264.99 015=s89.4221 e 20.00
002=n89.4221 w 490.50 Bib i 0w,Chd 13 39 037 016=s00.1652w 372.06
003:s7 12 0w, hd=13.7.4037 010=n00.1652e 26.40 Bn .19.4036e,Chd-19 115457
Bn�762720w,Chd=13.39
004=nOO.1652e 26.40 Bn�i5.5249t,CW13.38 904 018=s89.4308e 93.98
Brig Lt.0.529c, hd-1Delta3.7.3904 012=s89.4221e 357.00 019=s00.1652w 34.07
Bn�s75.5249e,Chd�13.38
006=s89.4221 e 265.01 a 3s:--Ln`451 �cna=`39 r60°a7
007=n00.1652e 280.05 014=n00.1652e 71.99
Page 103