Victory Commons Subdivision No. 2 Sanitary Sewer and Water Main Easement ESMT-2022-0180 (2022-055688) ADA COUNTY RECORDER Phil McGrane 2022-055688
BOISE IDAHO Pgs=6 CHE FOWLER 06/15/2022 08:12 AM
CITY OF MERIDIAN, IDAHO NO FEE
ESMT-2022-0180 Victory Commons Subdivision No.2
Sanitary Sewer and Water Main Easement
SA T Y 5 ,WER N WATER MAIN.EASEMENT
THIS Easement Agreement, made this l4thday of June 2022 - between
€tuna victory,LLC ("Grantor")and the City of Meridian,an Idaho '
Municipal Corporation C«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 waxer mains over and across the -following
described property: i
(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 undertaWng 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 Basement /REV.01f01/2020
"
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 fbr 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:
KUNA VICTORY,LLC
By: BV Management S ces,Inca,an Idaho jorporation,the Manager
Cortney Lidd ard,President
STATE OF IDAHO )
) ss
County of Bonneville)
This record was acknowledged before me on (date) by
Cortney Liddiard (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 Kura Victory,LLC (name of entity on behalf of whom record was
executed), in the following representative capacity: President of the Manager (type
of authority such as officer or trustee)
LOVE
COMMISSION NO. 37925 `—
NOTARY PUBLIC Notary Signature
STATE OF IDAHO My Commission Expires: -,2-�a<rz
MY COMMISSION EXPIRES 04/12/26
Sanitary Sewer and Water Main Easement REV.01/01/2020
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor 6-14-2022
Attest by Chris Johnson, City Cleric 6-14-2022
STATE OF IDAHO, )
. ss.
County of Ada )
This record was acknowledged before me on 6-14-2022 (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: 3-28-2028
Sanitary Sewer and Water Main Easement REV,01/01/2020
Item#6.
2775 W.Navigator Drive,Suite 210 Idaho Office
Meridian,Idaho 83642 H O R R O C K S Tel: 208.895.2520
www.horrocks.com
[l N C; I N I- I R, ENS
Date: May 11, 2022
Project: 1 D-1402-1810 a
Page: 1 of 2
J,05-12-22 0
EXHIBIT A 90 F of
VICTORY COMMONS No. 2 WATER EASEMENT N WR1G
This easement is situated in Government Lot 4 of Section 19, Township 3 north, Range I
East, Boise Meridian, City of Meridian, Ada County, Idaho, also being in a portion of
Parcel "A" of Record of Survey Property Boundary Adjustment No. 12,282, records of
Ada county, Idaho, more particularly described as follows:
COMMENCING at the southwest corner of said Government Lot 4, from which the
southeast corner of said Government Lot 4 bears, N.89°42'l 7"E., 1130.45 feet; thence
along the south boundary of said Lot 4,
1) N.89°42'17"E., 1130.45 feet to a found Aluminum cap marking the southeast
corner of said Government Lot 4; thence along the east boundary of said
Government Lot 4;
2) N.00°29'09"E., 48.00 feet to a found 5/8" diameter rebar marking the southeast
corner of Parcel "A" of said Record of Survey No. 12282, Records of Ada
county, also being a point on the north right-of-way of east Victory Road, thence
along the said north right-of-way;
3) S.89°42'17"W., 401.80 feet to the POINT OF BEGININNG, thence continuing;
4) S.89°42'17"W., 20.20 feet, thence leaving said north right-of-way;
5) N.08°16'05"W., 146.79 feet, thence;
6) S.81°43'55"W., 10.00 feet,thence;
7) N.08°16'05"W., 21.75 feet, thence;
8) N.81°43'55"E., 10.00 feet thence;
9) N.00°29'09"E., 39.42 feet, thence;
10)S.89°42'17"W., 10.00 feet, thence;
Page 39
Item#6.
Date: May 11, 2022
Project: ID-1402-1810
Page: 2 of 2
11)N.00°29'09"E., 20.00 feet,thence;
12) N.89°42'17"E., 10.00 feet,thence;
13) N.00°29'09"E., 188.43 feet,thence;
14) N.50045'38"W., 128.84 feet,thence;
15)N.39°14'24"E., 32.00 feet, thence;
16)5.50°45'38"E., 95.50 feet, thence;
17)N.39°14'22"E., 54.92 feet, thence;
18) S.50045'38"E., 20.00 feet, thence;
19)5.3994'22"W., 54.92 feet,thence;
20) 5.50°45'38"E., 169.56 feet, thence;
21)5.39°41'28"W., 20.00 feet,thence;
22) N.50°45'38"W., 140.04 feet, thence;
23) 5.00°29'09"W., 145.18 feet,thence;
24) N.89°42'17"E., 51.81 feet,thence;
25)5.00°29'09"W., 20.00 feet,thence;
26) 5.89°42'17"W., 51.81 feet,thence;
27)5.00°29'09"W., 80.48 feet, thence;
28) 5.08°16'05"E., 169.82 feet to the POINT OF BEGINNING.
Page 40
Item#6.
EXHIBIT B
SEWER & WATER EASEMENT
VICTORY COMMONS NO.2
N39°14'22"E
�.-'a 54.92' N
N39°14'24"E--/ S S50°45'38"E
3 32.00' �20.00'•.VS�
(NOT TO SCALE)
o
w ,' ,•�S�srs ; �S39°14'22"W
---- 7 6•,3�� • .
Z 54.92' `0 �, LgN�s
W % ��CENSF
CITY OF MERIDIAN %2�i Qz �•S%0o a
3 EXISTING SEWER & ; ; �69•5�8., 05-12-22 0
WATER EASEMENT ; ; `s6-`%F �'�.
INST. #2021-030018 •� /9p� Nf �pP
Z /•
2 P � s°° °oQ,••••, I�N WR1G�
2 1 1 sr
o S-
0 i I N /ram
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z Lu 1
N o i S39°41'28"W
`V'cogoo N89°42'17"E 20.00'
N N89°42'17"E CD }; 51.81'
W 10.00' 1 --- ----
1
Yn
N0029'09"E -� SO°29'09"W
3 20.00' `irT---- — 20.00'
S89042'17"W • 9 i
4 10.00' 001 S89°42'17 W
v I o 51.81'
No°29'09"E� m 1 o 6
w ,o
39.42' OQ���`L
Z ,
N81°43'55"E 0 PQ�O^0' LEGEND:
10.00, '
CALCULATED POINT
N8°16'05"W
21.75' i!� QP 5J ® LOT CORNER
o�oi� — — LOT LINE
S81°43'55"W EXISTING UTILITY EASEMENT
a 10.00' i c91 ___________ __
z �U) P.O.B. POINT OF BEGININNG
" P.O.C. POINT OF COMMENCEMENT
Ol
WATER &SEWER EASEMENT
E 1 1
E GO I
P.O.B.
P.L.S.8960 S.E.
s O� 401.80' — COR GOV'T LOT 4
P.O.C. Cx S89°42'17"W O
S89°42'17"W �— N00°29'09"E
S 24 S 19 20 20' 48.00'
co
S-25 5-30 E. VICTORY RD N89°42'17"E 1130.45'
HORROCKS DRA W41G INFO DATE O5/12/22
II�II
.:a.aN
H N Q I N S H R S EXHIBIT B _SCALE N T.S.
2775 West Navigator Dr..Suite 210 REV a DATE
Meridian,ID 83842 010 00/00/00,00
(208)895-2520 GOV'T LOT 4, SECTION 19, T3N, R1 E -SSREOtgr3'6HEET FOR LA STING Page 41
www.hortodcs.wm
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