Dutch Bros. At Ustick Water Main Easement No. 3 ESMT-2023-0144 (2023-063375) Project Name(Subdivision): ADA COUNTY RECORDER Trent Tripple 2023-063375
Dutch Bros at Ustick BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 11/09/2023 08:43 AM
CITY OF MERIDIAN, IDAHO NO FEE
Water Main Easement Number. 3
Identify this Easement by sequential number if Project contains
more than one Water Main easement.
(See instructions for additional information).
ESMT-2023-0144
WATER MAIN EASEMENT
THIS Easement Agreement, made thisgth day of November,2023 between Ostedoh Properties,LLC
("Grantor"),and the City of Meridian,an Idaho Municipal Corporation("Grantee");
i
WHEREAS, the Grantor desires to provide a water main righvc�f-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 rece ved by the Grantor, and other
good and valuable consideration, the Grantor does hereby gi e, grant and convey unto the
Grantee the right-of-way for an easement for the operation a;d 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 su h facilities at any and all times.
TO HAV E 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 epairing, replacing or restoring
anything placed within the area described in this easement th t was placed there in violation
of this easement.
THE GRANTOR covenants and agrees that Grantor shall not (lace or allow to be placed any
permanent structures or obstructions within the easement rea that would interfere with
Grantee's use of said easement, including, but not limited o, 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-ofway
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.
GRANTOR:
Osterloh Properties, LLC
of4)
STATE OF nANO )
s0.ft' Layp-) ss
County of X )
It1d-A 3
This record was acknowledged before me on (date) by r Q`
(name of individual), [ complete the following if signing in a representative capacity, or strike
0 S*r la LC
the following if signing in an individual capacity] on behalf of_ Y firms (name of entity on
behalf of whom record was executed), in the following representative capacity:_Offer
(type of authority such as officer or trustee)
� � I
,c .,s$am "ELS°"
ota blic•State of Utah )
Comm.No.724610
f My Commission Expires on
' ...v'' May 25,2026 NO ary ,Ig ature
My Co fission Expires: 25, 7-02-9
a ARYN NELSON
o Notary Public•State of Utah
Comm.No.724610
My Commission Expires on
•• May 25, 2026
Water Main Easement Page 2
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Version 04/17/2023
GRANTEE: CITY OF MERIDIAN
Robert E.Simison, Mayor 11-8-2023
Attest by Chris Johnson, City Clerk 11-8-2023
i
STATE OF IDAHO, )
:ss.
County of Ada )
This record was acknowledged before me on 11-8-202date) 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
l
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Water Main Easement Page 3
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05`!� LEGAL DESCRIPTION
���- THE J
mad
LAND Page 1 OF 1
....� GROUP
September 26, 2023
Project No.: 123061
EXHIBIT"A"
WADSWORTH MERIDIAN SUBDIVISION
WATER EASEMENT No. 3 DESCRIPTION
An easement located in Government Lot 1 in the Northeast Quarter of Se ion 5,Township 3 North,
Range 1 East, Boise Meridian,City of Meridian,Ada County, Idaho, being ore particularly described as
follows:
Commencing at the Northeast Corner of Section 5 of said Township 3 Noah, Range 1 East, (from which
the North Quarter Corner of said Section 5 bears South 89°39'20"West, 2�56.46 feet distant);
Thence from said Northeast Corner of Section 5, South 89°39'20"West, a �Iistance of 497.37 feet on the
north line of said Section 5;
Thence South W20'40"East,a distance of 80.92 feet to a point on the so�therly right of way line of
East Ustick Road,said point being the northwest corner of Parcel"A"of Record of Survey No. 13633,
Instrument No.2022-078886,of Ada County Records and the northwest c rner of the City of Meridian
Water Easement,Instrument No. 2021-132715,of Ada County Records;
Thence South 01°05'59"West,a distance of 151.00 feet on the west boundary line of said Parcel "A"to
the southwest corner of said Parcel "A"and the northwest corner of Lot 5lof Wadsworth Meridian
Subdivision, as shown on Page 19070 in Book 121 of Plats, Instrument NoJJ 2021-151043, of Ada County
Records;
Thence on the common lot line of said Parcel"A"and Parcel "B"of Record of Survey No. 13633,
Instrument No. 2022-078886, Records of Ada County and Lot 5 of said Wadsworth Meridian Subdivision
for the following courses and distances:
Thence South 88°54'01" East, a distance of 56.00 feet;
Thence North 01°05'59"East,a distance of 32.89 feet;
Thence South 86°01'47" East, a distance of 198.05 feet;
Thence South W06'00" East,a distance of 54.30 feet to the northwest corner of Lot 4 of said
Wadsworth Meridian Subdivision,said point being the POINT OF BEGINNING;
Thence South 84°06'00"East,a distance of 14.05 feet on the co mon lot line of said Parcel "B"
and said Lot 4;
Thence South 05°08'34"West,a distance of 21.03 feet to a poin on said City of Meridian
Water Easement;
Thence North 84°51'26"West,a distance of 14.33 feet on said water easement;
Thence North 05°54'00" East, a distance of 21.22 feet on the wept boundary line of said Lot 4
to the northwest corner of said Lot 4,said point being the POINT OF BEGINNING.
The above described Easement contains 300 square feet more or less.
PREPARED BY: LA1��js
The Land Group,Inc. T;�p p
a "Y888
James R.Washburn 9-26-2023
of,pP��
462 East Shore Drive, Suite 100, Eagle. Idaho 83616 2 8.939.4041R.SPA`
NORTH 1/4 CORNER NE CORNER
SECTION 5 SECTION 5
UN.,R.1 E.,B.M. UN.,R.1 E.,B.M.
E. USTICK ROAD S.32 S.33
S.32 S89°39'20"W 2656.46'
T.4N.,R.1E.,B.M. _ _ '..�_�
1/4 S.5 2159.09, T.3N.,RAE.,B.M. 497.37'
S.5 SA
- — ---- - - __ - -
J - �� -
_,� PARCEL°A°
t ROS13633 PARCEL°B"
t ROS 13633
WATER EASEMENT No. 1 q
II 1 I TER EASEMENIT No.2
t II I w
t
11 1 1 P08-3
I t 75.48 122.5T
L WATER EASEMENT No.3 W S86°01'4
�— _ 198.05 _ 0.01 ACRES(300 SQ.FT.)
L5 �. -
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CITY OF MERIDIAN r�
WATER EASEMENT WATER E SEMENT No.2 I
INST.#2021-132715 I
O 1 I
_ �WADSWORTH 1 l4 1
_ 'MERIDIAN SUBDIVISION
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Line Table Line Table
LINE BEARING LENGTH LINE BEARING LENGTH
L1 S00020'40"E 80.92' L6 S84006'00"E 14.05' os L LANO
T L2 S01005'59"W 151.00' L7 S05008'34"W 21.03'
L3 S88054'01"E 56.00' L8 N84051'26"W 14.33' a 7880 2
L4 N01005'59"E 32.89' L9 i N05°54'00"E 21.22' 09-26-2023 0
F ���� �
L5 S84°06'00"E 54.30' �S R. w ,
0 100, 200'
Exhibit "B"
A Horizontal Scale:l"= 100'
Project No.:123061
Date of Issuance:9-21-2023
t '%-THE Water Easement No. 3 r
M LAND City of Meridian r
GROUP Dutch Bros Coffee of Cany n County