Les Schwab Tire Center LDIR-2022-0063 Water Main Easement No. 1 ESMT-2023-0054 (2023-022359) ADA COUNTY RECORDER Trent Tripple 2023-022359
BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 04/19/2023 08:18 AM
CITY OF MERIDIAN, IDAHO NO FEE
ESMT-2023-0054 Les Schwab Tire Center
LDIR-2022-0063
Water Main Easement No. I
WATER MAIN EASEMENT
THIS Easement Agreement, made this 18th day of April 20 23 between SGRS LLC&NWDC Ten Mile 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 01/01/2020
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public street, then, to such extent, such right-of-way and easement hereby granted which lies
Within such boundary thereof or which is a pant 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 pant have hereunto subscribed their
signatures the day and year first herein above written. !
GRANTOR:
i
S TATE OF et V t l k 1 �� i
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County of Ada ) '
This record was acknowledged before me on V(date) by Ke.ba\.AoQ r
(name of individual), [complete the followhig ifsigning in a representative capacity, or sh•ike
the following if signing in an h7dNidual capacity] on behalf of LA-t—
(name of entity on behalf of whom record was executed), in the*following representative
capacity: (type of authority such as officer or trustee)
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(stamp)
Notary Signa
My Commission Expires:_NIN. I1, W-7+'
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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.
I
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 l
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 E
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signatures the day and year first herein above written. ;
GRANTOR: NWDC Ten Mile LLC
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;;B��Trav�isStroud, Its: Manager
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STATE OF IDAHO )
ss
County of Ada )
Mar[.In 2�t Z.rlL3
This record was acknowledged before me on____d (date) by
(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 NW U— -'V'zn&k;yo-la l
(name of entity on behalf of whom record was executed), in the following representative
capacity:_vn o,.,n A 42,f (type of authority such as officer or trustee)
(stamp)
Notar�g—nnreMy Crr es: Mov, -`-�-�
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Water Main Easement Version 01/01/2020
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor 4-18-2023
Attest by Chris Johnson, City Clerk 4-18-2023
STATE OF IDAHO, )
: ss.
County of Ada )
This record was acknowledged before me on 4-18-2023 (date) by Robert E. Simison
and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City
Clerk, respectively.
(stamp)
Notary Signature
My Commission Expires: 3-28-2028
Water Main Easement Version 01/01/2020
LEGAL DESCRIPTION
T H E Page 1 OF 1
rim i
LAND
GROUP
February 14,2023
Project No.: 122038
EXHIBIT"A"
WATERLINE EASEMENT
CITY of MERIDIAN
LES SCHWAB
An easement being located in Parcel "F", Record of Survey No.#12081, recorded under Instrument
No.#2019-110665,Ada County Records,situate in the Southwest Quarter of the Southwest Quarter of
Section 26,Township 4 North, Range 1 West,Boise Meridian,City of Meridian,Ada County,Idaho,being
more particularly described as follows:
COMMENCING at the Southwest Corner of said Section 26(from which the South One Quarter corner of
said Section 26 bears South 88'58'52" East,2602.82 feet distant);thence on the south section line of
said Section 26,South 88'58' S2" East, 329.99 feet;thence leaving said south section line, North 01'00'
50" East,33.27 feet to a point common with the northerly right of way line of West McMillan Road and
the southwest corner of said Parcel "F";thence on said northerly right of way line, South 88' 30'25"
East, 152.' 9 feet,to the POINT OF BEGINNING:
Thence leaving said northerly right of way line, North 00°00'00" East, 32.28 feet;
Thence North 90'00'00" East, 20.00 feet,to a point on the east boundary line of said Parcel "F";
Thence on said east boundary line, South 00°00'00" East, 32.80 feet,to a point common with
the northerly right of way line of West McMillan Road and the southeast corner of said Parcel
//F";
Thence on said northerly right of way line, North 88'30' 25" West, 20.01 feet to the POINT OF
BEGINNING.
The above-described easement contains(65- Ft') 0.015 acres, more or less.
PREPARED BY:
The Land Group, Inc.
Michael Femenia,PLS �NL LA i
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02/14/2023
462 East Shore Dnve Suite 100 Eagle Idaho 83616 208 9371 4041 Ihelandgioupmc for-i
Waterline Easement
for
City of Meridian
Located in the SW 1/4 of the SW 1/4 of Section 26
Township 4 North, Range 1 West, Boise Meridian
City of Meridian,Ada County,Idaho
P 2023
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Line Table
"-' 3094 W McMILLAN RD
0 o v SGRS,LLC •
4 a o APN:R9010680091 LINE BEARING LENGTH
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I 3 J L1 N01°00'50"E 33.27'
ACHD STORM i
o— N L2 N00°00'00"E 32.28'
DRAINAGE EASEMENT
PLAToIYERONA o w
° L3 N90°00'00"E 20.00'
I SUBDIVISION No.4 I z o d¢
25'LANDSCAPE BUFFER,
PRESSURIZED IRRIGATION I m L4 S0010010011E 32.80'
&ACHD SIDEWALK EASEMENT WATERLINE
INST.a108089570 EASEMENT L5 NW3025"W 20.01'
I 0.015 Acres±
(651 Ft2) I
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_ _S8_8030'25"E 152.19,
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5.27 S26 329.99, — — WEST YOYILUN ROAD 5.28
E 5.34 s 35 S88o58'52"E 2602.82' s.3s
3 SW CORNER
S1/4 CORNER
SEC.26 SEC.26
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Exhibit "B„ o so' 120
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w Horizontal Scale:1"= 60' Project No.:122038
Date of Issuance:February 14.2023
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THE Waterline Easement
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BLAND City of Meridian
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Les Schwab (Cushing Terrell)