Apex Northwest Subdivision No. 3 ESMT-2023-0024 Sanitary Sewer and Water Main Easement No. 2 (2023-012064) ADA COUNTY RECORDER Trent Tripple 2023-012064
BOISEIDAHO Pgs=7 ANGIE STEELE 03/01/2023 09:46 AM
CITY OF MERIDIAN, IDAHO NO FEE
ESMT-2023-0024 Apex Northwest Subdivision No. 3
Sanitary Sewer and Water Main Easement No. 2
THIS Easement Agreement, made thii8th day of February 2023 between
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 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 cascmcnt, which would interfere with the use of said casement, for the
purposes stated herein.
THE GRANTOR covenants and agrees with the Grantcc that should any part of the right-
of-way and casement hereby granted shall become part of, or lie Nvithin the boundaries of
any public street, then, to such cxtcnt, such right-of-way and casement hereby granted
NN1111CII 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 Grantcc 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 casement, 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 hcrcunto subscribed their
signatures the day and year first herein above written.
GRANTOR: SCS INVESTMENTS 1.1,C
an Idaho limited liability company
Michae A. Hall,President
STATE OF 1DAHO )
) ss
County of Ada )
This record was acknowledged before me on —� (date) by
Michael A. I fall (name of individual), 1 complele the fi)llowing, if signin in a
relwesemolive capaciy, or svrike the.1hllowing if si,ning in an individual caluicityl on
behalf of SCS investments I.1,C (name of entity on behalf of whom record was
cxccuted), in the following representative capacity: President (type
of authority such as officer or trustee)
DONN N
COMMIS IM7674
NOTARY PUBLIC
STATE OF IDAHO otary Sionaturc r/
My Commission Expires:
Sanilary sover and Water Main Easenrcnl RIN.0 1/0 1/2020
GRANTEE: CITY OF MERIDIAN
Robert E. Simison,Mayor 2-28-2023
Attest by Chris Johnson,City Clerk 2-28-2023
STATE OF IDAHO, )
. ss.
County of Ada )
This record was acknowledged before me on 2-28-2023 (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 3-28-2028
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
February 10,2023
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 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 ofSection 31,which bears
N00°16'52"E a distance of 1,342.44feet from a 5/8-inch rebarmarking the South 1/4 corner of said Section 31,
thence following the northerly line of said Southwest 1/4 of the Southeast 1/4,S89°52'08"E a distance of
638.62 feet;
Thence leaving said northerly line,S00°07'52"W a distance of 43.75 feet to POINT OF BEGINNING 1.
Thence S89°42'21"E a distance of 20.00 feet to the westerly boundary of proposed Apex Northwest
Subdivision No.3;
Thence following said proposed westerly boundary,S00°17'39"W a distance of 37.00 feet to a point
hereinafter referred to as Point"A";
Thence leaving said proposed westerly boundary, N89°42'21"W a distance of 569.06 feet;
Thence N60°12'15"W a distance of 27.30 feet to the easterly line of an existing sanitary sewer easement per
Instrument No.2020-008699(records of Ada County,Idaho);
Thence following said easterly line,NO2°30'05"E a distance of 5.16 feet;
Thence following said easterly line, N30°45'16"W a distance of 70.53 feet to the northerly line of said
Southwest 1/4 of the Southeast 1/4;
Thence leaving said easterly line and following said northerly line,S89°52'08"E a distance of 2.69 feet;
Thence leaving said northerly line,S36°35'46"E a distance of 51.42 feet;
Thence S60°12'15"E a distance of 36.35 feet;
Thence S89°42'21"E a distance of 543.80 feet;
Thence N00°17'39"E a distance of 17.00 feet to POINT OF BEGINNING 1.
Said easement contains 12,619 square feet,more or less.
TOGETHER WITH:
Commencing at a point previously referred to as Point"A",thence S03°51'14"W a distance of 263.51 feet to
POINT OF BEGINNING 2.
Thence S89°42'21"E a distance of 30.00 feet to the westerly boundary of proposed Apex Northwest
Subdivision No.3;
Thence following said proposed westerly boundary,S00°17'39"W a distance of 31.00 feet;
Thence leaving said proposed westerly boundary, N89°42'21W a distance of 30.00 feet to a point hereinafter
referred to as Point"B";
5725 North Discovery Way • Boise, Idaho 83713 • 208,639.6939• kmengllp.com
Thence N00°17'36"E a distance of 31.00 feet to POINT OF BEGINNING 2.
Said easement contains 930 square feet,more or less.
TOGETHER WITH:
Commencing at a point previously referred to as Point"B",thence S02°29'09"E a distance of 289.34 feet to
POINT OF BEGINNING 3.
Thence S89'42'21"E a distance of 21.70 feet to the westerly boundary of proposed Apex Northwest
Subdivision No.3;
Thence following said proposed westerly boundary,S00°17'39"W a distance of 20.00 feet;
Thence leaving said proposed westerly boundary, N89°42'21"W a distance of 21.70 feet;
Thence N00°17'39"E a distance of 20.00 feet;
Said easement contains 434 square feet,more or less.
Said descriptions contain a total of 13,983 square feet,more or less.
Attached hereto is Exhibit B and by this reference is made a part hereof.
a 12459 0
OF
PAGE 2
EXHIBIT B
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