Apex Northwest Subdivision No. 3 Sanitary Sewer and Water Main No. 4 ESMT-2023-0026 (2023-009253) ADA COUNTY RECORDER Trent Tripple 2023-009253
BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 02/15/2023 08:14 AM
CITY OF MERIDIAN, IDAHO NO FEE
ESMT-2023-0026 Apex Northwest Subdivision No. 3
Sanitary Sewer and Water Main Easement No. 4
ARY EWEAN L 11''A E 11.1i HAINLIUMEM
THIS Easement Agreement, made thisl4th day of February 2023 between
DWT Investments LLC and SCS 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 EXFHBITS A and 13)
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 V.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.
[END OF TEXT;SIGNATURES TO FOLLOW]
Sanitary Sewer and Water Main Easement REV.01/01/2020
GRANTOR: SCS Investments, LLC
an Idaho limited liability company
By: 14A Z&Z
,11X
Michael A. Hall, President
STATE OF IDAHO )
ss
County of Ada )
On this 2)Q day of January, in the year of 2023, 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.
otary Public for Idaho
DONNA WILSON My Commission expires
COMMISSION#67674
NOTARY PUBLIC
STATE OF IDAHO
GRANTOR: DWT Investments, LLC
an Idaho limited liability company
By: Brighton Corporation, an Idaho corporation,
Manager
By:
Robert L. Phillips, President
STATE OF IDAHO )
ss
County of Ada )
On this day of January, in the year of 2023, 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 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.
o"
Notary Public for Idaho
SHARIVAUGHAN
Notary Public-State of Idaho My Commission expires r 'a a
Commission Number 20 881002
My Commission Expires Jun 1, 2024
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor 2-14-2023
Attest by Chris Johnson, City Clerk 2-14-2023
STATE OF IDAHO, )
. ss.
County of Ada )
This record was acknowledged before me on 2-14-2023 (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
km
E N G I N E E R I N G
January 19,2023
Apex Northwest Subdivision No.3
Project No.22-054
Legal Description
City of Meridian Water and Sewer Easement
Exhibit A
A parcel of land for a city of Meridian water and sewer easement situated in a portion of the South 1/2
of the Southwest 1/4 of the Southeast 1/4 of Section 31, Township 3 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-South 1/16 corner of Section 31,which bears
N00°16'52"E a distance of 1,342.44 feet from a 5/8-inch rebar marking the South 1/4 corner of said Sectio n 31,
thence following the northerly line of said Southwest 1/4 of the Southeast 1/4,S89°52'08"E a distance of
701.62 feet;
Thence leaving said southerly line,S00°07'52"W a distance of 714.44 feet to the southerly boundary of
proposed Apex Northwest Subdivision No.3 and being the POINT OF BEGINNING.
Thence following said proposed southerly boundary,S89°42'21"E a distance of 40.00 feet;
Thence leaving said proposed southerly boundary,S00°17'39"W a distance of 30.00 feet;
Thence N89°42'21"W a distance of40.00 feet;
Thence N00°17'39"E a distance of 30.00 feet to the POINT OF BEGINNING.
Said description contains a total of 1,200 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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s A Situated in a portion of the S 1/2 of the SW 1/4 of the SE 1/4,
z o o Section 31, T3N, R1E, B.M., City of Meridian, Ada County, Idaho