Foxcroft Apartments Water Main Easement ESMT-2023-0071 (2023-026772) ADA COUNTY RECORDER Trent Tripple 2023-026772
BOISE IDAHO Pgs=9 BONNIE OBERBILLIG 05/10/2023 08:13 AM
CITY OF MERIDIAN, IDAHO NO FEE
ESMT-2023-0071 Foxcroft Apartments
Water Main Easement
WATER MAIN EASEMENT
THIS Easement Agreement, made this 9th day of May , 20 23 between viper Investments,L LC
("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 a
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
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:
STATE OF IDAHO )
ss
County of Ada ) nn `�
This record was acknowledged before me on n +2�ZU(
� date) by — 0✓r�- &
(name of individual), [complete the following if signing in a representative c achy, or strike
the following if signing in an individual capacity] on behalf of _Vi �1-�-
(name of entity on behalf of whom record was executed), in the following representative
capacity: (type of authority such as officer or trustee)
(stamp)
Notary Signature
ADAIR KOLTES My Commission Expires:_h-OS
EMy
ary Public- State of Idaho
mmission Number30052
ommission Expires 06-05-202
66
Water Main Easement Version 01/01/2020
GRANTEE: CITY OF MERIDIAN
Robert E, Simison,Mayor 5-9-2023
Attest by Chris Johnson, City Clerk 5-9-2023
STATE OF IDAHO, )
: ss.
County of Ada )
This record was acknowledged before me on 5-9-2023 (date) by Robert E. Simison
and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City F
Clerk, respectively.
(stamp)
Notary Signature
My Commission Expires:
3-28-2028 3
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I
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Water Main Easement Version 01/01/2020
Exhibit A
Foxcroft Apartments
April 25, 2023
A portion of the Southeast 1/4 of the Northeast 1/4 of Section 10, Township 3
North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho more
particularly described as follows:
Commencing at the East 1/4 corner of said Section 10 from which the Center
1/4 corner of said Section 10 bears, North 89036'02" West, 2655.68 feet; thence on the
east-west centerline of said Section 10, North 89°36'02" West, 334.50 feet; thence
leaving said east-west centerline, North 00023'59" East, 28.71 feet to the POINT OF
BEGINNING;
thence continuing, North 00023'59" East, 55.20 feet;
thence North 89°36'01" West, 17.30 feet;
thence North 00023'59" East, 27.35 feet;
thence North 66°39'02" West, 176.71 feet;
thence South 23020'58" West, 18.50 feet;
thence North 66039'02" West, 24.00 feet;
thence North 23°20'58" East, 18.50 feet;
thence North 66039'02" West, 286.84 feet;
thence South 23°20'58" West, 18.50 feet;
thence North 66039'02" West, 21.00 feet;
thence North 23020'58" East, 18.50 feet;
thence North 66°39'02" West, 199.00 feet;
thence South 23020'58" West, 91.50 feet;
thence South 66039'02" East, 12.50 feet;
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thence South 23°20'58" West, 20.00 feet;
thence North 66039'02" West, 12.50 feet;
thence South 23020'58" West, 43.87 feet;
thence South 00023'58" West, 138.08 feet;
thence South 89036'02" East, 25.00 feet;
thence South 00023'58" West, 12.50 feet;
thence South 89°36'02" East, 85.31 feet;
thence South 00023'58" West, 24.30 feet to the Northeast corner of an existing
City of Meridian water easement;
thence on the north easement line, North 89036'02" West, 20.00 feet;
thence leaving said north easement line, North 00023'58" East, 4.30 feet;
thence North 89036'02" West, 110.31 feet;
thence North 00°23'58" East, 3.75 feet;
thence North 89036'02" West, 42.00 feet;
thence North 00023'58" East, 25.00 feet;
thence South 89036'02" East, 42.00 feet;
thence North 00°23'58" East, 145.89 feet;
thence North 23020'58" East, 30.18 feet;
thence North 66039'02" West, 43.00 feet;
thence North 23020'58" East, 20.00 feet;
thence South 66039'02" East, 43.00 feet;
thence North 23020'58" East, 84.16 feet;
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thence North 66°39'02" West, 21.32 feet;
thence North 23020'58" East, 25.09 feet;
thence North 66039'02" West, 45.70 feet;
thence North 23020'58" East, 32.00 feet;
thence South 66039'02" East, 20.00 feet;
thence South 23020'58" West, 12.00 feet;
thence South 66039'02" East, 279.00 feet;
thence North 23020'58" East, 17.81 feet;
thence South 66039'02" East, 20.00 feet;
thence South 23020'58" West, 17.81 feet;
thence South 66039'02" East, 243.50 feet;
thence North 23020'58" East, 12.50 feet;
thence South 66039'02" East, 25.00 feet;
thence South 23020'58" West, 12.50 feet;
thence South 66039'02" East, 208.50 feet;
thence North 23020'58" East, 13.50 feet;
thence South 66039'02" East, 20.00 feet;
thence South 23020'58" West, 13.50 feet;
thence South 66039'02" East, 10.60 feet;
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thence South 00023'59" West, 85.72 feet to the northerly right-of-way line of W.
Pine Avenue;
thence on said northerly right-of-way line, South 82032'41" West, 20.19 feet to
the POINT OF BEGINNING.
Containing 32,329 square feet or 0.742 acres, more or less.
End of Description.
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Point of
W. Pine Ave. Beginning L49 1/4
C 1/4 - - - 2321.17' _ - - - - - - 334.50' — ''
S.10 S.10 S.11
N89°36'02"W 2655.681
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0 75 150 300
P:\Fo,croft Sub No. 2 21-406\dwg\Fo,croft Sub Water Ez.dwg 4/25/2023 8:03:49 PM
IDAHO Exhibit B 21b406
SURVEY 9955 , EMERALDFoxcroft Apartments BOISE IDAHO83704 3704 Sheet No.
(208)846-8570 1 of 2
GROUP, LLC A portin of the SE1/4 of the NE1/4 of Section 10, Dwg. Date
-0T.3N., RAW., B.M., City of Meridian, Ada County, Idaho. 4/25/2023
LINE TABLE LINE TABLE LINE TABLE
LINE BEARING LENGTH LINE BEARING LENGTH LINE BEARING LENGTH
L1 NO'23'59"E 28.71 L18 S89'36'02"E 85.31 L35 N23'20'58"E 32.00
L2 NO'23'59"E 55.20 L19 SO'23'58"W 24.30 L36 S66'39'02"E 20.00
L3 N89'36'01"W 17.30 L20 S89'36'02"E 20.00 L37 S23'20'58"W 12.00
L4 NO'23'59"E 27.35 L21 NO'23'58"E 4.30 L38 N23'20'58"E 17.81
L5 S23'20'58"W 18.50 L22 N89'36'02"W 110.31 L39 S66'39'02"E 20.00
L6 N66'39'02"W 24.00 L23 NO'23'58"E 3.75 L40 S23'20'58"W 17.81
L7 N23'20'58"E 18.50 L24 S89'36'02"E 42.00 L41 N23'20'58"E 12.50
L8 S23'20'58"W 18.50 L25 NO'23'58"E 25.00 L42 S66'39'02"E 25.00
L9 N66'39'02"W 21.00 L26 S89'36'02"E 42.00 L43 S23'20'58"W 12.50
L10 N23'20'58"E 18.50 L27 N23'20'58"E 30.18 L44 N23'20'58"E 13.50
L11 S23'20'58"W 91.50 L28 N66'39'02"W 43.00 L45 S66'39'02"E 20.00
L12 S66'39'02"E 12.50 L29 N23'20'58"E 20.00 L46 S23'20'58"W 13.50
L13 S23'20'58"W 20.00 L30 S66'39'02"E 43.00 L47 S66'39'02"E 10.60
L14 N66'39'02"W 12.50 L31 N23'20'58"E 84.16 L48 I SO'23'59"W 85.72
L15 S23'20'58"W 43.87 L32 N66'39'02"W 21.32 L49 S82'32'41"W 20.19
L16 S89'36'02"E 25.00 L33 N23'20'58"E 25.09
L17 SO'23'58"W 12.50 L34 N66'39'02"W 45.70
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Jo No.
IDAHO Exhibit B 21b406
SURVEY 9955 W.,IDAHO 837ALD 3704 4T.
BOISE IDAHO Foxcroft Apartments Sheet No.
(208)846-8570 2 of 2
GROUP, LLC A portin of the SE1/4 of the NE1/4 of Section 10, Dwg. Date
0T.3N., R.M., B.M., City of Meridian, Ada County, Idaho. 4/25/2023