Apex Northwest Subdivision No. 1 ESMT-=2022-0226 Sanitary Sewer and Water Main Easement (2022-077587) ADA COUNTY RECORDER Phil McGrane 2022-077587
BOISE IDAHO Pgs=8 ANGIE STEELE 09/07/2022 11:43 AM
CITY OF MERIDIAN, IDAHO NO FEE
ESMT-2022-0226 Apex Northwest Subdivision No.1
Sanitary Sewer and Water Main Easement No.1
SANITARY SEWER AND WATER MAIN EASEMENT
THIS Easement Agreement, made this 6th day of September 20 22 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.0 1/0 1/2020
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.
By: Robert L. Phillips, Vice President
STATE OF IDAHO )
) ss
County of Ada )
This record was acknowledged before me on 8/24/2022 (date) by
Robert L. Phillips (name of individual), [complete the .following if signing in a
repi•esenlalive capacity, or strike the.following if signing in an individual capacit)�] on
behalf of _Smith Rrighton Inc. (name of entitv on behalf of whom record was
executed), in the following representative capacity:-Vice President (type
of authority such as officer or trustee)
VAUGHANESHARI
Public-State of IdahoNotary Signaturession Number 20181002
ission Expires Jun 1, 2024 My Commission Expires: 6/1/2024
Sanitary Sewer and Water Main Easement REV.01/O1/2020
GRANTEE: CITY OF MERIDIAN
Robert E. Simison,Mayor 9-6-2022
Attest by Chris Johnson,City Clerk 9-6-2022
STATE OF IDAHO, )
. ss.
County of Ada )
This record was acknowledged before me on 9-6-2022 (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
km
E N G I N E E R I N G
August 24,2022
Project No.:21-210
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 Lots 2, 3,4, 6, 8, 9, &
10, Block 1 of Apex Northwest Subdivision No. 1 and further situated in 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 aluminum 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 181.98 feet;
Thence leaving said easterly line, N89°43'32"W a distance of 212.31 feet to the southerly line of an
existing City of Meridian sewer and water easement per Instrument No.2022-033763,Records of Ada
County, Idaho;
Thence following said southerly line, N89°43'32"W a distance of 59.08 feet to POINT OF BEGINNING 1.
Thence leaving said southerly line, S00°13'58"W a distance of 5.95 feet;
Thence N89°43'32"W a distance of 10.00 feet;
Thence N00°13'58"E a distance of 5.95 feet to a point hereinafter referred to as Point"A" on said
southerly line;
Thence following said southerly line, S89°43'32"E a distance of 10.00 feet to POINT OF BEGINNING 1.
Said parcel contains 59 square feet, more or less.
TOGETHER WITH:
Commencing at a point previously referred to as Point"A",thence following the southerly line of said
City of Meridian sewer and water easement, N89°43'32"W a distance of 211.52 feet to POINT OF
BEGINNING 2.
Thence leaving said southerly line, S00°16'28"W a distance of 6.14 feet;
Thence N89°43'32"W a distance of 10.00 feet;
Thence N00°16'28"E a distance of 6.14 feet to a point hereinafter referred to as Point"B" on said
southerly line;
Thence following said southerly line,S89°43'32"E a distance of 10.00 feet POINT OF BEGINNING 2.
Said parcel contains 61 square feet, more or less.
TOGETHER WITH:
5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939 • kmengllp.com
Commencing at a point previously referred to as Point"B",thence N28°37'24"W a distance of 36.55 feet
to the northerly line of said City of a Meridian sewer and water easement and being POINT OF
BEGINNING 3.
Thence leaving said northerly line, N00`16'28"E a distance of 8.79 feet;
Thence S89°43'32"E a distance of 10.00 feet;
Thence S00°16'28"W a distance of 8.79 feet to a point hereinafter referred to as Point"C" on said
northerly line;
Thence following said northerly line, N89'43'32"W a distance of 10.00 feet to POINT OF BEGINNING 3.
Said parcel contains 88 square feet, more or less.
TOGETHER WITH:
Commencing at a point previously referred to as Point"C",thence following the northerly line of said
City of Meridian sewer and water easement,S89°43'32"E a distance of 134.35 feet to POINT OF
BEGINNING 4.
i
Thence leaving said northerly line, N00°16'28"E a distance of 6.15 feet;
Thence S89°43'32"E a distance of 13.00 feet to a point hereinafter referred to as Point"D"; j
Thence S00°16'28"W a distance of 6.15 feet to said northerly line; i
Thence following said northerly line, N89°43'32"W a distance of 13.00 feet to POINT OF BEGINNING 4.
I
Said parcel contains 80 square feet,more or less.
TOGETHER WITH:
Commencing at a point previously referred to as Point"D",thence N29°07'48"E a distance of 278.06
feet to POINT OF BEGINNING S.
Thence N00°16'52"E a distance of 12.88 feet;
Thence S89°43'08"E a distance of 9.28 feet to a point hereinafter referred to as Point"E" on the
westerly line of said City of Meridian sewer and water easement;
Thence following said westerly line,S00°16'52"W a distance of 12.88 feet;
Thence leaving said westerly line, N89°43'08"W a distance of 9.28 feet to POINT OF BEGINNING S.
Said parcel contains 120 square feet, more or less.
i
TOGETHER WITH:
Commencing at a point previously referred to as Point"E",thence following the westerly line of said City
of Meridian sewer and water easement, N00°16'52"E a distance of 24.31 feet to POINT OF BEGINNING
6.
I
Thence leaving said westerly, N89°43'08"W a distance of 7.97 feet;
Thence N00°16'52"E a distance of 10.00 feet;
Thence S89°43'08"E a distance of 7.97 feet to said westerly line;
I
City of Meridian Sewer and Water Easement
Apex Northwest Subdivision No.1 PAGE 2
Thence following said westerly line,S00°16'52"W a distance of 10.00 feet to POINT OF BEGINNING 6. I
Said parcel contains 80 square feet, more or less.
TOGETHER WITH:
Commencing at a point previously referred to as POINT OF BEGINNING 6,thence S77°24'57"E a distance
of 34.80 feet to the easterly line of said City of Meridian sewer and water easement and being POINT OF
BEGINNING 7.
I
i
Thence leaving said easterly line,S89°43'08"E a distance of 6.97 feet;
Thence S00°16'52"W a distance of 10.00 feet; j
Thence N89°43'08"W a distance of 6.97 feet to a point hereinafter referred to as Point "F"on said
easterly line;
Thence following said easterly line, N00°16'52"E a distance of 10.00 feet to POINT OF BEGINNING 7.
Said parcel contains 70 square feet, more or less.
I
TOGETHER WITH:
i
Commencing at a point previously referred to as Point"F",thence following the easterly line of said City
i
of Meridian sewer and water easement,S00°16'52"W a distance of 52.43 feet to POINT OF BEGINNING
8.
Thence leaving said easterly line, S89°22'03"E a distance of 5.57 feet;
Thence S00°16'52"W a distance of 10.00 feet;
Thence N89°22'03"W a distance of 5.57 feet to said easterly line;
Thence following said easterly line, N00016'52"E a distance of 10.00 feet to POINT OF BEGINNING 8.
Said parcel contains 56 square feet, more or less.
Said description contains a total of 614 square feet, more or less,and is subjectto 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. 5�1�
4 �
� 12 590
OF
City of Meridian Sewer and Water Easement
Apex Northwest Subdivision No.1 PAGE 3
P:\21-210\CAD\SURVEY\EXHIBITS\220824 SEWER AND WATER EASEMENT APEX COMMERCIAL 21-210.DWG,TREY ZIMMERMAN,8/24/2022,DWG TO PDF.PC3,08.SX11 L[PDF]
o i
bl
0 WI
Z
� � WI
0 _
� � 0
a j
I 1.7
A
jr:
I I LA C/1
Q1 I-` — O D
O m 1CrD
D Z 0
I ' x
n
I n1 DO < Z
Ln
r — O
r I
CO Z �
�I Iq
I
I D I �I
I Q X
. x
Z
Co
I I Co \ tie
O s•
I I I z 2'a os\8'F
z w I D I o m (TjEJ
o I I � AID
>J�J O m{{O
(n rDDrr'''II I2
1 I O O LAU' z
rl I L4�m Im
00 -I m '1 I Zm '
D o I v O � z I � I L4 Im o
-01 77- m [�*rII c
O DO
(D N A I Cn Z — — — Ln D z
p Z 0 = w W tD O° f� _ y
;10o N r
myn rrDD m � �w� cn��
r \ m A Z
m 2 m I g I I Z;lU
z
p�M i I I M >
Z I �� -U
>z I 1
181.98' 2s�8.09' S. Locust Grove Rd. n ,�
S00'32'22"E 2700.07' J�1
trl N BASIS OF BEARING
m Ln v
in = ppi
9m m y " Exhibit B
3=°S- City of Meridian Sewer and Water Easement
Z o
w oDv
�m=nNm T
°-0om 3 Apex Northwest Subdivision No. 1
^�a N
wW<—
>z ti ti SE1/4 SE1/4 Sec. 31,T3N., R1E., BM., City of Meridian, Ada County, Idaho
c�
LINE TABLE LINE TABLE LINE TABLE
LINE BEARING DISTANCE LINE BEARING DISTANCE LINE BEARING DISTANCE i
L1 SO*13'S8"W 5.95 L11 NO'16'28"E 8.79 L21 S89'43'08"E 9.28 {
L2 N8943'32"W 10.00 L12 S89'43'32"E 10.00 L22 SO'16'52"W 12.88
L3 NO'13'58"E 5.95 L13 SO*16'28"W 8.79 L23 N89'43'08"W 9.28
L4 S89'43'32"E 10.00 L14 N89'43'32"W 10.00 L24 NO'16'52"E 24.31
L5 N89'43'32"W 211.52 L15 S89'43'32"E 134.35 L25 N89'43'08"W 7.97
L6 SO'16'28"W 6.14 L16 NO'16'28"E 6.15 L26 NO'16'52"E 10.00
i
L7 N89'43'32'1N 10.00 L17 S89'43'32"E 13.00 L27 S89'43'08"E 7.97 ,
L8 NO'16'28"E 6.14 L18 SO"16'28"W 6.15 L28 SU16'S2"W 10.00
L9 S89'43'32"E 10.00 L19 N89'43'32'W 13.00 L29 S77'24'57"E 34.80
L10 N28'37'24"W 36.55 L20 NO'16'52"E 12.88 L30 S89'43'08"E 6.97
0
a
a
X
LINE TABLE O L27
g LINE BEARING DISTANCE L26 L28 I P.O.B. 7
I I
L31 SO'16'52"W 10.00LU
o �2g(TjE� L30
L32 N89'43'08"W 6.97 L25 I
s IN o
L33 NO'16'S2"E 10.00 J oD
o I L32
< L34 SO'16'52"W 52.43 o -U
w P.O.B. 5 -ZI g w
L35 S89'22'03"E 5.57 z I
�
L36 So'16'52"W 10.00 Apex Northwest I J
3 L37 N89'22'03"W 5.57 Subdivision No. 1 / I I L35 j
L38 NO*16'52"E 10.00 P.O.B. 8Do
' M
sue/ I
Q a
L37
BLOCK 1 zry N I
/ I EXISTING EASEMENT
PER INST. No.
2022-033763
r
a
Z
MATCH LINE - SEE SHEET 1
a
0 40 80 120
Plan Scale:1"=40'
E N G I N E E R I N G
m 5725 NORTH DISCOVERY WAY
BOISE,IDAH083713
6 PHONE(208)639-6939 Exhibit B
j kmengllp.wm City of Meridian Sewer and Water Easement
DATE: August2022
S PROJECT: 21-210
SHEET: Apex Northwest Subdivision No. 1
2 OF 2 SE1/4 SE1/4 Sec. 31, T3N., 111E., BM., City of Meridian, Ada County, Idaho
S