Loading...
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 i f 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 ss 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) i (stamp) Notary Signa My Commission Expires:_NIN. I1, W-7+' I �p,�tY w h;O .,C., �"ti: 1 ;ATE`0 I i Water Main Easement Version 01/01/2020 i t 1 I 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 I signatures the day and year first herein above written. ; GRANTOR: NWDC Ten Mile LLC i ;;B��Trav�isStroud, Its: Manager i 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, -`-�-� `����•SAYL� '', DIP'RY•• ti•: ,I E'0� �.�. i j j 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 N o a 5 �+ OF� Q s 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 118;j 90s,Qz q. C0 �Cb1 �?\ C \` AT f N�IOF ICY �3 ¢# --- �yp,LLA _mz g6 �\GENS `sGYP \ W G I 41 m0 \\\ P 1 �J A ¢. -1TeOF\'D Al-N AlS. / C17/14/7C173 �5 o I PARCEL"F" 7 N ROS#12081 Line Table "-' 3094 W McMILLAN RD 0 o v SGRS,LLC • 4 a o APN:R9010680091 LINE BEARING LENGTH 1 z 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 L3 1 ---- - -- �— --- -- - ----- -i— � - - -- I cvj • _ _S8_8030'25"E 152.19, — • RrVI POB �� L5 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 E Exhibit "B„ o so' 120 I w Horizontal Scale:1"= 60' Project No.:122038 Date of Issuance:February 14.2023 WN FPS z � THE Waterline Easement aN BLAND City of Meridian s P Les Schwab (Cushing Terrell)