Apex Northwest Subdivision No.4 Water Main Easement No. 2 ESMT-2023-0149 (2023-063374) Project Name(Subdivision): ADA COUNTY RECORDER Trent Tripple 2023-063374
Apex Northwest Subdivision No.4 BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 11/09/2023 08:42 AM
CITY OF MERIDIAN, IDAHO NO FEE
Water Main Easement Number: 2
Identify this Easement by sequential number if Project contains
more than one Water Main easement.
(See Instructions for additional information).
ESMT-2023-0149
WATER MAIN EASEMENT
THIS Easement Agreement, made this 8th day of November 20 23 between DWT Investments LLC
and SCS Investments 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, its
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 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
Water Main Easement Page 1 Version 04/17/2023
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.
[End of Text; Signatures to Follow]
Water Main Easement Page 2 Version 04/17/2023
GRANTOR: DWT INVESTMENTS, LLC
an Idaho limited liability company
By: Brighton Corporation, an Idaho corporation,
Manager
By:
Robert L. Phillips, President
STATE OF IDAHO y
ss.
County of Ada
0
On this 11� day off in the year of 2023, before me a Notary Public of said State,
personally appeared Robert L. Phillips, known or identified to me to be the President of Brighton
Corporation,the Manager of DWT Investments, LLC, the company that executed the instrument or the
person who executed the instrument on behalf of said company, and acknowledged to me that such
company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year in this certificate first above written.
l
AMANDA MCCURRY Not ' Public for Idaho
COMMISSION#29528 r� 202�
NOTARY PUBLIC My Commission expires l
STATE OF IDAHO
MY COMMISSION EXPIRES 04/15/2029
GRANTOR: SCS INVESTMENTS LLC
an Idaho limited liability company
By: Ilia 4- IL�
Michael A. Ha , President
STATE OF IDAHO )
)ss.
County of Ada )
This record was acknowledged before me on October �S ,2023,by Michael A. Hall
as the President of SCS Investments LLC, an Idaho limited liability company.
DONNAWILSON otary Public for Idaho
COMMISSION#67674 My Commission Expires:
NOTARY PUBLIC
STATE OF IDAHO
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor 11-8-2023
Attest by Chris Johnson, City Clerk 11-8-2023
STATE OF IDAHO, )
: ss.
County of Ada )
This record was acknowledged before me on 11-8-2023 (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 Page 3 Version 04/17/2023
km
E N G I N E E R I N G
October 26, 2023
Project No. 22-023
Lake Hazel Rd.Sewer and Water Project
City of Meridian Sewer and Water Easement
Legal Description
Exhibit A
A parcel of land for a City of Meridian Utility Easement situated in a portion of the Southwest 1/4 of the
Southeast 1/4 of Section 31,Township 3 North,Range 1 East,B.M.,City of Meridian,Ada County,Idaho,and
being more particularly described as follows:
Commencing at a found 5/8-inch rebar marking the South 1/4 corner of said Section 31,which bears
N89°42'21"W a distance of 2,640.00 feet from ar aluminum cap marking the Southeast corner of said Section
31;
Thence following the southerly line of said Southeast 1/4 of Section 31,S89°42'21"E a distance of 96.50 feet;
Thence leaving said southerly line, N00°16'52"E a distance of 84.00 feet to the proposed northerly right-of-way
line of E. Lake Hazel Rd.and being the POINT OF BEGINNING.
Thence following said proposed northerly right-of-way line, N89°43'08"W a distance of 62.75 feet;
Thence leaving said proposed northerly right-of-way line, N00*16'52"E 212.93 feet;
Thence N33°17'30"W a distance of 17.50 feet;
Thence N89°43'08"W a distance of 24.07 feet to the westerly line of the Southeast 1/4 of said Section 31;
Thence following said westerly line, N00'16'52"E a distance of 38.00 feet;
Thence leaving said westerly line,S89'4308"E a distance of 24.07 feet;
Thence N33'51'15"E a distance of 17.50 feet;
Thence N00°16'52"E a distance of 276.41 feet;
Thence S89°43'08"E a distance of 20.00 feet;
Thence N00°16'52"E a distance of 4.00 feet;
Thence S89*43'08"E a distance of 42.75 feet;
Thence S00'16'52"W a distance of 295.00 feet;
Thence S89'43'08"E a distance of 29.00 feet;
Thence S00*16'52"W a distance of 20.00 feet;
Thence N89°43'08"W a distance of 29.00 feet;
Thence S00°16'52"W a distance of 245.51 feet to the POINT OF BEGINNING.
Said parcel contains 37,095 square feet,more or less,and is subject to any existing easements and/or rights-
of-way of record or implied.
Attached hereto is Exhibit B and by this reference is hereby made a part hereof. � 1. LAryD
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�29.00' LINE TABLE
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Northwest I��S0.00' 2"W l L1 N33'17'30"W 17.50
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Subdivision No. 4 LN89'43'08"W L2 N89'43'o8"W 24.07
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51131438901 L5 N33'51'15"E 17.50
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a CF 96.50' _ _ _ _ _2543.50' _ _ 31 32
POINT OF COMMENCEMENT N89'42'21"W 2640.00'
c FOUND 5/8" REBAR, "ALB 12459" BASIS OF BEARING FOUND ALUMINUM CAP 5
S 1/4 CORNER SECTION 31 SE CORNER SECTION 31
E N G I N E E R I N G
m 5725 NORTH DISCOVERY WAY
X BOISE,IDAH083713
PHONE(208)636.6939 Exhibit B - City of Meridian Sewer and Water Easement
�+ kmengllp.com
Lake Hazel Rd. Sewer and Water Project
i DATE: October2023
PROJECT: 22-023
SHEET: A portion of the SW 1/4 of the SE 1/4 of Section 31,
1 OF 1 T3N., R1E., B.M., City of Meridian, Ada County, Idaho
6