Winco Wells No. 1 Water Main Easement No. 3 ESMT-2023-0029 (2023-013739) ADA COUNTY RECORDER Trent Tripple 2023-013739
BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 03/09/2023 08:07 AM
CITY OF MERIDIAN, IDAHO NO FEE
ESMT-223-0029 Winco Wells No. 1
Water Main Easement No. 3
WATER A EASEMENT
THIS Easement Agreement, made this 7th -day of March 20 23 between CRP/MHS Seasons Meridian Owner,LLC
("Grantor"), and the City of Meridian, an Idaho Municipal Corporation ("Grantee')- '
WHEREAS,the Grantor desires to provide a water main right-of-way across the premises and
property hereinafter particularly bounded and described; and
WHEREAS, the water main 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 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 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.
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
Water Main Easement Version 01101/2020
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:
(ZA-
STATE OF D-A)
) ss
County of C4urk- ) mS
17a,vve2
This record was acknowledged before me on 02/2:k/%3 (date) by Ryan Morgan (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 CRP/MHS Seasons Meridian Owner, LLC(name of
entity on behalf of whom record was executed), in the following representative capacity: Manager
(type of authority such as officer or trustee)
(stamp)
Off_
SHANE MCCLELLAND SUNN Notary Signature
NOTARY PUBLIC My Commission Expires:.og l-2 s L2!EW
STATE OF COLORADO
NOTARY ID 20204033491
MY COMMISSION EXPIRES 02/2512024
Water Main Easement Version 01/01/2020
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor 3-7-2023
Attest by Chris Johnson, City Clerk 3-7-2023
STATE OF IDAHO, )
ss.
County of Ada )
This record was acknowledged before me on 3-7-2023 (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
Water Main Easement Version 01/01/2020
LEGAL DESCRIPTION
.A' P-t - HE Page 1 of 3
� 1W.
4 �
4 LAND
�- - GROUP
January 30, 2023
Project No.: 120124 EXHIBIT A
WATER EASEMENTS
WINCO WELLS SUBDIVISION No.1
MB OVERLAND WELLS, LLC
EASEMENT-1
An easement located Lot 1 of Winco Wells Subdivision No. 1, recorded in Book 125 of Plats at Pages
19938-19941,Ada County records,situate in the Southwest Quarter of the Southeast Quarter of Section
17,Township 3 North, Range 1 East, Boise Meridian, City of Meridian,Ada County, Idaho, being more
particularly described as follows:
COMMENCING at the South One Quarter Corner of said Section 17, (from which point the Southeast
Corner of said Section 17 bears North 89°46'00" East, 2656.84 feet distant);thence on the south line of
said Section 17, North 89°46'00" East,690.84 feet;thence leaving said south line, North 00°14'00"West,
76.28 feet to a point common with the said northerly right of way line of East Overland Road,and the
Southwest corner of said Lot 1;thence North 00°24'05" East, 63.50 feet on the westerly boundary line of
said Lot 1;thence leaving said westerly boundary line, South 89°35'55" East,84.73 feet to a point on an
existing sewer and water easement, recorded as Instrument No. 2022-082532,Ada County records and
the POINT OF BEGINNING of EASEMENT-1:
Thence North 00° 26'03" East, 33.00 feet;
Thence South 89' 34'47" East, 10.00 feet;
Thence South 00° 26' 03" West, 33.00 feet to a point on the said existing sewer and water
easement;
Thence North 89°35' 55"West, 10.00 feet on the said existing sewer and water easement to the
POINT OF BEGINNING of EASEMENT-1.
The above-described easement contains 330 Ft2 more or less.
TOGETHER WITH
EASEMENT-2
1 An easement located Lot 1 of Winco Wells Subdivision No. 1, recorded in Book 125 of Plats at Pages
19938-19941,Ada County records, situate in the Southwest Quarter of the Southeast Quarter of Section
17,Township 3 North, Range 1 East, Boise Meridian, City of Meridian,Ada County, Idaho, being more
particularly described as follows:
COMMENCING at the South One Quarter Corner of said Section 17, (from which point the Southeast
Corner of said Section 17 bears North 89°46'00" East, 2656.84 feet distant); thence on the south line of
said Section 17, North 89°46'00" East, 690.84 feet; thence leaving said south line, North 00°14'00" West,
76.28 feet to a point common with the said northerly right of way line of East Overland Road, and the
Southwest corner of said Lot 1; thence North 00°24'05" East, 348.35 feet on the westerly boundary line
of the said Lot 1;thence leaving said westerly boundary line,South 89°35'55" East,324.47 feet to a point
on an existing sewer and water easement, recorded as Instrument No. 2022-082532,Ada County records
and the POINT OF BEGINNING of EASEMENT-2:
I
January 30, 2023
Page 2
Thence North 00' 24'05" East, 10.00 feet on the said existing sewer and water easement;
Thence leaving said existing sewer and water easement,South 89°35' 55" East, 27.00 feet;
Thence South 00' 24' 05" West, 10.00 feet;
Thence North 89' 35' 55" West, 27.00 feet to a point on the said existing sewer and water
easement and the POINT OF BEGINNING of EASEMENT-2.
The above-described easement contains 270 Ft' more or less.
TOGETHER WITH
EASEMENT-3
An easement located Lot 1 of Winco Wells Subdivision No. 1, recorded in Book 125 of Plats at Pages
19938-19941,Ada County records, situate in the Southwest Quarter of the Southeast Quarter of Section
17,Township 3 North, Range 1 East, Boise Meridian, City of Meridian,Ada County, Idaho, being more
particularly described as follows:
COMMENCING at the South One Quarter Corner of said Section 17, (from which point the Southeast
Corner of said Section 17 bears North 89°46'00" East, 2656.84 feet distant); thence on the south line of
said Section 17, North 89°46'00" East, 690.84 feet;thence leaving said south line, North 00°14'00"West,
76.28 feet to a point common with the said northerly right of way line of East Overland Road, and the
Southwest corner of said Lot 1; thence North 00°24'05" East, 440.60 feet on the westerly boundary line
of said Lot 1;thence leaving said westerly boundary line, South 89°35'55" East, 265.58 feet to a point on
an existing sewer and water easement, recorded as Instrument No.2022-082532,Ada County records and
the POINT OF BEGINNING of EASEMENT-3:
Thence North 00° 24' 05" East, 10.00 feet;
Thence South 89' 35' 55" East, 28.89 feet to a point on the said existing sewer and water
easement, recorded as Instrument No, 2022-082532,Ada County records;
Thence South 00°24'05" West, 10.00 feet on the said existing sewer and water easement;
Thence leaving the said existing sewer and water easement, North 89' 35' 55" West, 28.89 feet
to the POINT OF BEGINNING of EASEMENT-3.
The above-described easement contains 289 Ftz more or less.
TOGETHER WITH
EASEMENT-4
An easement located Lot 1 of Winco Wells Subdivision No. 1, recorded in Book 125 of Plats at Pages
19938-19941,Ada County records,situate in the Southwest Quarter of the Southeast Quarter of Section
17,Township 3 North, Range 1 East, Boise Meridian, City of Meridian,Ada County, Idaho, being more
particularly described as follows:
COMMENCING at the South One Quarter Corner of said Section 17, (from which point the Southeast
Corner of said Section 17 bears North 89°46'00" East, 2656.84 feet distant); thence on the south line of
said Section 17, North 89°46'00" East, 690.84 feet;thence leaving said south line, North 00'14'00" West,
76.28 feet to a point common with the said northerly right of way line of East Overland Road, and the
Site Planning•Landscape Architecture•Civil Engineering•Surveying
462 E.Shore Drive,Suite 100•Eagle,Idaho 83616•P 208.939.4041•www.thelandgroupinc.com
January 30, 2023
Page 3
Southwest corner of said Lot 1; thence North 00°24'05" East, 624.34 feet on the westerly boundary line
of said Lot 1;thence leaving said westerly boundary line, South 89°35'55" East,324.47 feet to a point
on an existing sewer and water easement,recorded as Instrument No. 2022-082532,Ada County
records and the POINT OF BEGINNING of EASEMENT-4:
Thence North 00' 24' 05" East, 10.00 feet on the said existing sewer and water easement,
recorded as Instrument No. 2022-082532, Ada County records;
Thence leaving the said existing sewer and water easement, South 89' 35'55" East, 27.00 feet;
Thence South 00'24'05" West, 10.00 feet;
Thence North 89' 35' 55" West, 27.00 feet to a point on the said existing sewer and water
easement and the POINT OF BEGINNING of EASEMENT-4.
The above-described easement contains 270 Ft' more or less.
TOGETHER WITH
EASEMENT-5
An easement located Lot 1 of Winco Wells Subdivision No. 1, recorded in Book 125 of Plats at Pages
19938-19941,Ada County records, situate in the Southwest Quarter of the Southeast Quarter of Section
17,Township 3 North, Range 1 East, Boise Meridian, City of Meridian,Ada County, Idaho, being more
particularly described as follows:
COMMENCING at the South One Quarter Corner of said Section 17, (from which point the Southeast
Corner of said Section 17 bears North 89°46'00" East, 2656.84 feet distant); thence on the south line of
said Section 17, North 89°46'00" East, 690.84 feet;thence leaving said south line, North 00°14'00"West,
76.28 feet to a point common with the said northerly right of way line of East Overland Road, and the
Southwest corner of said Lot 1; thence North 00'24'05" East, 756.03 feet on the westerly boundary line
of said Lot 1; thence leaving said westerly boundary line, South 89'3S'S5" East, 58.00 feet to a point on
an existing sewer and water easement, recorded as Instrument No.2022-082532,Ada County records and
the POINT OF BEGINNING of EASEMENT-5:
Thence North 00'24'05" East, 10.00 feet on the said existing sewer and water easement;
Thence South 89'35' 55" East, 31.32 feet;
Thence South 00' 24' 05" West, 10.00 feet;
Thence North 89' 35' 55" West, 31.32 feet to a point on the said existing sewer and water
easement and the POINT OF BEGINNING of EASEMENT-5.
The above-described easement contains 313 Ft'more or less.
Prepared by: AL LA
The Land Group, Inc. ti�� S
Michael S. Femenia, PLS
o ,.t
a 1 5
r
1 �'e OF �
�47,s
01/30/2027
,f9
Site Planning•Landscape Architecture•Civil Engineering•Surveying
462 E.Shore Drive,Suite 100•Eagle,Idaho 83616•P 208.939.4041•www.thelandgroupinc.com
d Zb9E0 o4ePl ueIPPaW ��OR 6 a
G� peoy puepan01se300LZ ( f
P U mpiaaw 10 A113
SJUBWOse3 aaleM p °`°°' E'i I r
�S �n—�—'�•�. .—_� —.... ..CNN—x4v.�w--yry�.xYyY
k
-------- J L---------------------------------- ----
--------------------
I '
k I
I I
I �
I � „
I I
j
I
9�� I � � i arrzc�ssscass 11— 1
J
I I
I c
It
i r� !—�
9=a 1 I All .jAu6�
311
I
41 J ova °+p�;. i
y --
m CO
W
m � o� amao � � � � asasssa4a � se $ asga �
2 00 q
W —
O — — —
O
m r w LOU €
C a � O �
c