Hyatt Place Eagle View Landing Sanitary Sewer and Water Main Easement ESMT-2023-0120 (2023-052588) .................. .................. .................. ...................
ADA COUNTY RECORDER Trent Tripple 2023-052558
BOISEIDAHO Pgs=5 VICTORIA BAILEY 09/13/2023 09:43 AM
............................... ........................ CITY OF MERIDIAN, IDAHO NO FEE
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ESMT-2023-0120 Hyatt Place Eagle View Landing ...................
�AN 1T _SEWER AND WATM,gg EASEMENT
TIES Easement Agreement, made t-hisl2th day of September _20 23 between
:.B&-T Idaho Hotels V, 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"odescribed;: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-froze time to time by the,
Grantee;
NO , THEREFORE,
W 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 untol_:-~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)
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"
The easement hereby granted :is fr�the e purpose of lconstruction 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 fit
any and all times.
TO HAVE AND TO HOLD,- the said, -easement and right-qf-way unto the said Grantee, its
successors and assigns forever.
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'1T IS EXPRESSLY UNDERSTOOD AND AGREED, by and betWeen I 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-_`repdirs and maintenance.- However,
Grantee shall not be responsible=for zepalring, replacing or restoring anything>placed within the area
described in this easement that`was placed there in violation of this-'easezrzent.
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Sanitary Sewer and Water Main Easem-_ent Page I Version 04/17)2023
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THE GRANTOR covenants and agrees that Grantor shall not place or allow to be
placed any permanent structures or obstructions within the easement area that would
interfere with Grantee's use of said easement, including, but not limited to, buildings, trash
enclosures,carports,sheds,fences,trees,or deep-rooted shrubs.
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
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: B&T IDAHO HOTELS V,LLC
'17-
STATE OF AHO )
) ss
County of Ada )
This record was acknowledged before me on Ic7� (date) by
Rusty Townsend (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 B&T Idaho Hotels V,LLC (name of entity on behalf of whom record was
executed), in the following representative capacity:President of the Operator/Member of LLC (type of
authority such as officer or trustee)
�: Notary Signature `
'f pUBI.1Go;' My Commission Expires: C( I �
O.,���•. , F'o
Sanitary Sewer and Water Main Easement Page 2 Version 04/17/2023
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor 9-12-2023
Attest by Chris Johnson, City Clerk 9-12-2023
STATE OF IDAHO, )
ss.
County of Ada )
This record was acknowledged before me on 9-12-2023 _(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
Sanitary Sewer and Water Main Easement Page 3 Version 04/17/2023
(D Horrocks .
August 31, 2023
Job Number: ID-1812-1906
Page 1 of 2
EXHIBIT A
UTILITY EASEMENT
For: B&T IDAHO HOTELS V LLC
A UTILITY EASEMENT OVER AN EXISTING WATERLINE, SAID EASEMENT LIES WITHIN LOT 05
BLOCK 1 OF RACKHAM SUBDIVISION AS RECORDED IN ADA COUNTY IN BOOK 120 PAGE 18582,
SAID PARCEL OF LAND IS SITUATED IN THE NE 1/4 SW1/4 OF SECTION 16, TOWNSHIP 3 NORTH,
RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT AN ALUMINUM CAP MARKING THE CENTER 1/4 CORNER OF SAID SECTION
16, FROM WHICH THE SOUTH 1/4 CORNER BEARS S.00-05'25"E 2653.59 FEET, THENCE
S.00-05'25"E., ALONG THE MERIDIONAL CENTERLINE OF SAID SECTION 16, 864.79 FEET TO A
POINT, THENCE S.89-54'35"W. 1380.29 FEET TO THE NORTH EAST CORNER OF SAID LOT 05,
THENCE S.00'45'09"W., ON THE EAST LINE OF SAID LOT 05 BLOCK 1, 49.53 FEET TO A POINT;
THENCE N.89'14'57"W. 15.14 FEET TO A POINT, SAID POINT BEING THE NORTH EASTERLY
CORNER OF THE NORTH BUMP OUT OF AN EXISTING CITY OF MERIDIAN DOMESTIC WATER
EASEMENT ON LOT 05, AS SHOWN ON THE AFOREMENTIONED RACKHAM SUBDIVISION PLAT
AND RECORDED AS INSTRUMENT NUMBER 2020-117724, THENCE N.89-14'57"W.,
CONTINUING ALONG THE AFOREMENTIONED EXISTING EASEMENT, 22.26 FEET TO A POINT,
SAID POINT ALSO BEING THE POINT OF BEGINNING;
THENCE S.00045'03"W., ALONG THE AFOREMENTIONED EXISTING EASEMENT 20.00 FEET TO A
POINT;
THENCE N.89'14'57"W., ON AN EXTENDED LINE OF THE AFOREMENTIONED EXISTING
EASEMENT, 27.00 FEET TO A POINT,
THENCE N.00'45'03"E. 38.83 FEET TO A POINT; L ,�
THENCE S.89014'57"E. 24.38 FEET TO A POINT; G�
THENCE S.00045'03"W. 18.83 FEET TO A POINT; �4
THENCE S.89014'57"E. 2.62 FEET TO THE POINT OF BEGINNING.
�7"e®F,� "
208-895-25201 Horrocks.com
2775 West Navigator Drive,Suite 210,Meridian,ID 83642
UTILITY EASEMENT
FOR
B&T IDAHO HOTELS V LLC
M LOCATED IN LOT 5 BLOCK 1 OF RACKHAM SUBDIVISION,AND
lHc1R SITUATEDNORTH RANGE 1 EAST BOISE MERIDIAN,CITY OF OF 3 G1`p 6""
MERIDIAN,ADA COUNTY, IDAHO s�
2023
IUIi 20 P.O.C.
I
�I
�I
1
N.E.CORNER LOT 5
BLOCK 1 RACKHAM n W
SUBDIVISION — — /, S89°54'35"W 1380.29, �W m
— I N LL
n 0
O In
I Q
D7
A3�yOO
13�9
w Cq
Z
EXISTING SANITARY SEWER a I I i
AND WATER MAIN EASEMENT
n PURSUANT TO INSTRUMENT LU
I' W N0.2020-117724 0 �
�TS89*1t4'57"E 24.38'
y ' CIO
WATER L2 � ,,Zcl�\pN
VAULT I r'
M I
w N89°14'57'W 15.14'
� 12.81' ` � - - -
o 22.26' N89°14'57"W
a
z " 3 P.O.B.
� o
0
!� J
W J O
/1 (n Line Table
Line# Length Direction
N89°14'57"W 27.00' j
L1 18.83' SO°45'03"W
LEGEND: L2 2.62' S89°14'S7"E
Q CALCULATED POINT
` 0 FOUND ALUMINUM CAP AS NOTED
A' OO FOUND 5/8 INCH IRON PIN
LENS uV - FOUND BRASS CAP AS NOTED
SECTION LINE
0 �1�11_Z1 EASEMENT AREA
1 231 BOUNDARY LINE
TIE LINE
P.O.B. POINT OF BEGINNING
0 F �� g P.O.C. POINT OF COMMENCEMENT
O A.P.N. ASSESSORS PARCEL NUMBER
G EXISTING WATER VALVE
HORR.(jCKS DRAWING INFO �II
E N 0 I N� E E R S Llla E ._6a?$ ■
EXHIBIT B SCALE 1"=20' 2
2775 West Navigator Dr.,Suite 210
REV p DATE
Meridian,ID 83642
UTILITY EASEMENT SEE SHEET I FOR DESCRIPTI
¢OB)886�2D PROD.NO: ID-1812-19M
www.horrocks.com PpGE20FZ