Meridian Movado Village Sanitary Sewer and Water Main Easement No. 1 ESMT-2023-0138 (2023-059091) ADA COUNTY RECORDER Trent Tripple 2023-059091
BOISE IDAHO Pgs=6 VICTORIA BAILEY 10/18/2023 08:15 AM
CITY OF MERIDIAN, IDAHO NO FEE
ESMT-2023-0138 Meridian Movado Village
Sanitary Sewer and Water Main Easement No. 1
SANITARY SEWERAND WATER MAIN EASEMENT
THIS Easement Agreement,made this 17th day of October 20 23. — between C4 Investments, LLC
And Meridian Movado Village Investors, LPC"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 described;
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 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 sanitary sewer and 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
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 at any and all times.
TO HAVE AND TO HOLD, the said easement and right-of-way unto the said
Grantee, its successors and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,
that after malting 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.
Sanitary Sewer and Water Main Easement Paget Version 04/17/2023
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: Meridian Movado Village Investors,LP
2 by Ferguson&Brewer Investment Company,its GP
` _: _ ,as president of the GP
STATE OF IDAHO )
) ss
County of Ada )
This record was acknowledged before me on (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 Meridian Movado Village Investors,LA (name of entity on behalf of whom record was
executed),in the following representative capacity:PresIdent or il,e General Partner,a corporation(type of
authority such as officer or trustee)
(stamp) ')I n <
S�`� '�' � � LA- Notary Signat e
My Commission Expires: '>
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Sanitary Sewer and Water Main Easement Page 2 Version 04/17/2023
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE §1189
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A notary pulpit or other officer completing this certificate verifies only the identity of the individual who signed the document
to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of Califjo-�rnia1 '
County of 1J(jLlf.
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On I.�i'. Z� 7()7� before me,I�-lY�, f t •4n ,�1QCAC�,�i
Dote ` "It re tnsett Name and Title of a Officer
personally appeared '0 r i
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)Is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity
upon behalf of which the person(s) acted,executed the instrument.
I certify under PENALTY OF PERJURY under the
.a laws of the State of California that the foregoing
SHIRLEY AHUMAi}A paragraph is true and correct.
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a. + NOTARY PUBLIC CALIFORNIA w WITNESS my hand and offfdai seal.
COUNTY or BUTTE
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Signature • !
Place Notary Seol and/or Stomp Above Signature of Notary Public
OPTIONAL
Completing this information can deter alteration of the document or
fraudulent reattachment of this form to on unlntended document.
Description of Attached Document
Title or Type of D n :e 5 . .� I�c ?t"VY1g1 1�1C'31
Document Date: Z Number of Pages-
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name: _
❑Corporate Officer —Title(s): ❑Corporate Officer—Title(s)
❑ Partner-- ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ General
Individual ❑ Attorney In Fact ❑ individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer is Representing: Signer is Representing:
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02019 National Notary Association
GRANTOR: C4 Investments LLC
/1 AP I
STATE OF IDAHO )
) ss
County of Ada )
This record was acknowledged before me on (date) by
(name of individual), [complete the following if signing in a
lepp,resentative capacity, or `strike the following if signing in an individual capacity] on
behalf of 014 jm&qjd=j .(name of entity on behalf of whom record was
executed), in the following represen tive capacity:. (type of
authority such as officer or trustee)
jhlE L0 ok. 0 41;p..
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Notary Signature
s UBL1
• •�, My Commission Expires: '3 Ocp40
.'•9j�F OF 19 0'•
GRA ' 12! tTY OF MERIDIAN
Robert E. Simison, Mayor 10-17-2023
Attest by Chris Johnson, City Clerk 10-17-2023
STATE OF IDAHO, )
: ss.
County of Ada )
This record was acknowledged before me on 10-17-2023 (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
. EXHIBIT A -------.........____-"-- 'I
Sawtooth Land Surveying, LLC
P: (208) 398-8104 F: (208) 395-8105
2030 13. Washington Ave., Emmett:, ID 83G 17
30-Foot City of Meridian Utility Easement Legal Description
BASIS OF BEARING is South 89013'35" East, between brass cap marklng'th' e N1/4 corner of Section
21 and an aluminum cap marking the northeast corner of Section 21, Township 3 North, Range I East,
B,M., City of Meridian,Ada County, Idaho.
An easement located in the'NW114 of the NE1/4 of Section 21, Township 3 North, Range 1 East, B.M.,
City of Meridian, Ada County, Idaho, more particularly as follows:
COMMENCING at the N1/4 of said Section 21;
Thence South 89*13'35" East, coincident with the north line of said N1/2 of the NE114, a distance of
703.00 feet;
Thence South 00011'04"West, 56.00 feet to the southerly right of way of E. Overland Road, marked by
a 5/8" rebar/cap PLS 11 574;
Thence continuing South 0011 VO4"West, coincident with the east boundary of Movado Apartments
Subdivision, as shown in Book 119 of Plats, at Page 18449-18452, Ada County Records, 157.41 feet to
the POINT OF BEGINNING;
Thence South 891113'35" East, parallel with said north line, 333,22 feet;
Thence North 71029'32" East, 38.22 feet to the beginning of a non-tangent curve to the left;
Thence 37.02 feet along the arc of said curve, having a radius of 321,00 feet, with a central angle of
61136'30", subtended by a chord bearing South 17052'55" East, 37.00 feet;
Thence South 71129'32"West, 22,90 feet;
Thence North 891113'35" West, parallel with said north line, 359,20 feet to said east boundary;
Thence North 110011'04" East,coincident with said east boundary, 30.00 feel to the POINT OF
BEGINNING.
The above described easement contains 0.26 acres,more or less x.1
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