Apex Northwest Subdivision No. 1 Sanitry Sewer and Water Main Easement No. 2 ESMT-2022-0145 (2022-033764) ADA COUNTY RECORDER Phil McGrane 2022-033764
BOISE IDAHO Pgs=10 CHE FOWLER 04/06/2022 08:03 AM
CITY OF MERIDIAN, IDAHO NO FEE
ESMT-2022-0145 Apex Northwest Subdivision No. 1
Sanitary Sewer and Water Main Easement No. 2
SANITARY SEWER AND WATER 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
_Roberti„ Phillips (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 Bri hton 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)
Z�lctrnp)
SHARIVAUGHAN
Notary Public-State of Idaho
Commission Number 20181002 Notary Signature
My Commission Expires Jun 1, 2024
My Commission Expires:_ .- D
Sanitary Sewer and Water Main Easement REV.01/01/2020
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#6.
E N G I N E E R I N G
November 18,2021
Project No.: 20-155
Apex Northwest Subdivision
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
723.01 feet;
Thence leaving said easterly line,S89°27'38"W a distance of 339.16 feet to POINT OF BEGINNING 1.
Thence S00°17'39"W a distance of 24.50 feet;
Thence N89°42'21"W a distance of 37.00 feet;
Thence N00°17'39"E a distance of 24.50 feet to a point hereinafter referred to as Point "A";
Thence S89°42'21"E a distance of 37.00 feet to POINT OF BEGINNING 1.
Said parcel contains 907 square feet.
TOGETHER WITH:
Commencing at a point previously referred to as Point "A",thence N88°46'07"W a distance of 272.56
feet to POINT OF BEGINNING 2.
Thence S00°16'S2"W a distance of 19.96 feet;
Thence N89°43'08"W a distance of 31.00 feet;
Thence N00°16'52"E a distance of 19.97 feet to a point hereinafter referred to as Point "B";
Thence S89°42'12"E a distance of 31.00 feet to POINT OF BEGINNING 2.
Said parcel contains 619 square feet.
TOGETHER WITH:
Commencing at a point previously referred to as Point "B",thence N89°49'00"W a distance of 259.00
feet to POINT OF BEGINNING 3.
Thence S00°16'52"W a distance of 21.50 feet;
Thence N89°43'08"W a distance of 37.00 feet;
Thence N00°16'52"E a distance of 21.51 feet to a point hereinafter referred to as Point"C";
Thence S89°42'19"E a distance of 37.00 feet to POINT OF BEGINNING 3.
Said parcel contains 796 square feet.
5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939• kmengllp.com Page 108
Item#6.
TOGETHER WITH:
Commencing at a point previously referred to as Point"C",thence N89°3547"W a distance of 263.00
feet to POINT OF BEGINNING 4.
Thence S00"16'53"W a distance of 21.45 feet;
Thence N89`43'08"W a distance of 37.50 feet;
Thence N00°16'52"E a distance of 21.47 feet;
Thence S89°40'48"E a distance of 37.50 feet to POINT OF BEGINNING 4.
Said parcel contains 805 square feet.
Said description contains a total of 3,127 square feet, 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.
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City of Meridian Sewer and Water Easement
Apex Northwest Subdivision PAGE 2 Page 109
Item#6.
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a
x Unplatted FOUND BRASS CAP
a DWT Investments LLC EAST 1/4 CORNER
SECTION 31
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APN: S1131417257 I
P.O.B. 4 POINT "C" P.O.B. 3 ?>
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L16 N89'35'47"W 263.00' (TIE) L12 W
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Subdivision No. 1
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> I S89'27'38"W 3 APN: S1131417255 LD
m I POINT "B" P.O.B. 2 POINT "q" 339.16' ( Iff)\—rc-,
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Lnn I Z_N89'49'00"W L8 N88'46'07�W 272.56' (TIE) L4 CN
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Q LINETABLE Proposed LINE TABLE rI 0 m
ILINE BEARING DISTANCE Apex Northwest LINE BEARING DISTANCE .� I
W L1 SO*17'39"W 24.50 Subdivision No. 1 L9 SO.16'S2"W 21.50
IL2 N89'42'21"W 37.00 L10 N89-43-08-W 37.00 O
3 L3 NO'17'39"E 24.50 L11 NO.16-52"E 21.51
v1
L4 S89'42'21"E 37.00 L12 S89'42'19"E 37.00 m
6 OI
a L5 SO*16'52"W 19.96 L13 SO'16'53"W 21.45 J
L6 N89'43'08"W 31.00 L14 N89'43'08"W 37.50 cn
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3
L7 NO'16'52"E 19.97 L15 NO'16'52"E 21.47
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L8 S89-42-12"E 31.00 L16 S89'40'48"E 37.50
POINT OF COMMENCEMENT
W FOUND ALUMINUM CAP
x SOUTHEAST CORNER SECTION 31
= E. Lake Hazel Rd. 31 32
Jam
W 0 80 160 240 —
E E N G I N E E R I N G Plan Scale: 1" =80' 6 5
Y
5725 NORTH DISCOVERY WAY
z BOISE,IDAHO 83713
PHONE 1208I639.6939 Exhibit B
xkmengllp.com
City of Meridian Sewer and Water Easement
a DAT E: Nov ember 2D21
a
c PROJECT: 20-155
SHEET: Apex Northwest Subdivision
1 OF 1 SE1/4 SE1/4 Sec. 31, T3N., R1E., BM., City of Meridian, Ada County, Idaho
Page 110
Item#6.
37.00
s89°42'21"e
3
O M T O
N O o N
O O
� O
N
n89°42'21"w
37.00
Title: Parcel 1 Meridian Sewer and Water Easement 20-155 Date: 11-12-2021
Scale: 1 inch=5 feet File:
Tract 1: 0.021 Acres: 907 Sq Feet:Closure=n00.0000e 0.00 Feet: Precision>1/999999: Perimeter=123 Feet
001=s00.1739w 24.50 003=n00.1739e 24.50
002=n89.4221 w 37.00 004=s89.4221 a 37.00
Page 111
Item#6.
31.00
s89"42'12"e
61 3
N
C O
N
n89°43'08"w
31.00
Title: Parcel 2 Meridian Sewer and Water Easement 20-155 Date: 11-12-2021
Scale: 1 inch=5 feet I File:
Tract 1: 0.014 Acres: 619 Sq Feet:Closure=s00.1423w 0.00 Feet: Precision=1/64365: Perimeter= 102 Feet
001=s00.1652w 19.96 003=n00.1652e 19.97
002=n89.4308w 31.00 004=s89.4212e 31.00
Page 112
Item#6.
37.00
s89°42'19"e
iv 3
�O
O O N
C O
n89143'08"w
37.00
Title: Parcel 3 Meridian Sewer and Water Easement 20-155 Date: 11-12-2021
Scale: 1 inch=5 feet File:
Tract 1: 0.018 Acres: 796 Sq Feet:Closure=s00.1354w 0.00 Feet: Precision=1/96676: Perimeter= 117 Feet
001=s00.1652w 21.50 003=n00.1652e 21.51
002=n89.4308w 37.00 004=s89.4219e 37.00
Page 113
Item#6.
37.50
s89°40'48"c
N �
N o
O o N
O O
C O
N
n89°43'08"w
37.50
Title: Parcel 4 Meridian Sewer and Water Easement 20-155 Date: 11-12-2021
Scale: 1 inch=5 feet File:
Tract 1: 0.018 Acres: 805 Sq Feet:Closure=n01.2752e 0.01 Feet: Precision=1/21621: Perimeter=118 Feet
001=s00.1653w 21.45 003=n00.1652e 21.47
002=n89.4308w 37.50 004=s89.4048e 37.50
Page 114