Loading...
Dutch Bros at Eagle and Ustick Water Main Easement No. 2 ESMT-2023-0143 (2023-064333) Pr®)ect-Na�se(Subdiision ADA COUNTY RECORDER Trent Tripple 2023-064333 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 11/15/2023 09:42 AM Dutch Bros at EPolle and Ustick CITY OF MERIDIAN, IDAHO NO FEE Water Main Easement Numbera Identify this Easement by sequential numoer if Project contains more than one Water Main easement. (See Instructions for additional information): ESMT-2023-0143 WATER AI EASEMENT THIS Easement Agreement, made this 14th day of NOV 2023 between Wadsworth meridian, LLB "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 Grantees 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 reins 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 tunes. 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 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 ay and easement hereby granted shall become part of, or lie within the boundaries of any Water Main Ewernerit 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: Wadsworth Meridian STATE OF UTAH ) ss County of Salt Lake ) This record was acknowledged before me on b 4-45(date) by—Nor,- A (name of individual), [ complete the following If signing in a representative capacity, or strike wo'1sa,+etk the following If signing in an individual capacity] on behalf of Mi,64 1"i LLC.(name of entity on behalf of whom record was executed), in the following representative capacity: (type of authority such as officer or trustee) (stamp) Not ry Signatu e JACQUELINE R HOIKINSON My ommission Expires: Notary Public-State of Utah Commission Number.72129 My Commission Expires on ��. Nov.5,2025 Water Main Easement Page 2 Version 04/17/2023 GRANTEE: CITY OF MERIDIAN Robert E.Simison, Mayor 11-14-2023 Attest by Chris Johnson, City Clerk 11-14-2023 STATE OF IDAH0, ) :ss. County of Ada } This record was acknowledged before me on 11-14-2023(date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature My Commission Expires: 3-28-2028____ Version 04/17/2023 Water Main Easement Page 3 ��_ LEGAL DESCRIPTION -R THE LAND Page 1 OF 2 . : GROUP September 26, 2023 Project No.: 123061 EXHIBIT"A" WADSWORTH MERIDIAN SUBDIVISION WATER EASEMENT No. 2 DESCRIPTION An easement located in Government Lot 1 in the Northeast Quarter of Section 5,Township 3 North, Range 1 East, Boise Meridian,City of Meridian,Ada County,Idaho, being more particularly described as follows: Commencing at the Northeast Corner of Section 5 of said Township 3 North, Range 1 East, (from which the North Quarter Corner of said Section 5 bears South 89°39'20"West, 2656.46 feet distant); Thence from said Northeast Corner of Section 5, South 89°39'20"West, a distance of 497.37 feet on the north line of said Section 5; Thence South 00°20'40" East,a distance of 80.92 feet to a point on the southerly 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 corner of 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 5 of Wadsworth Meridian Subdivision,as shown on Page 19070 in Book 121 of Plats, Instrument No. 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 84°06'00" East, a distance of 48.35 feet to the POINT OF BEGINNING; Thence North 05°08' 34" East, a distance of 61.87 feet; Thence South 84°51' 26" East, a distance of 20.00 feet; Thence South 05°08'34"West, a distance of 62.14 feet to a point on said common lot line; Thence North 84°06' 00" West,a distance of 14.05 feet on said common lot line to the northeast corner of said Lot 5; Thence South 05°54' 00" West,a distance of 21.22 feet on the east boundary line of said Lot 5 to a point on said City of Meridian Water Easement; Thence North 84°51' 26" West, a distance of 5.67 feet on said water easement; 462 East Shore Drive,Suite 100, Eagle. Idaho 83616 208,939.4041 th eland groupine.corn September 26,2023 Page 2 Thence North 05'08' 34" East, a distance of 21.30 feet to a point on the common lot line of said Parcel "B"and said Lot 5,said point being the POINT OF BEGINNING. The above described Easement contains 1,364 square feet more or less. PREPARED BY: LA The Land Group, Inc. w 7880 , 9-26-2023 �y�T'4TE OF`p��O James R. Washburn A�R.W 1 Site Planning•Landscape Architecture•Civil Engineering•Surveying 462 E.Shore Drive,Suite 100•Eagle,Idaho 83616•P 208.939.4041•www.thelandgroupinc.com NORTH 1/4 CORNER NE CORNER — SECTION 5 SECTION 5 T.3N.,R.1 E.,B.M. T.3N., RA E., B.M. S.32 E. USTICK ROAD S.32_ S.33 _ T.4N.,R.1 E.,B.M. S89°39'20"W 2656.46' 2159.09' T.3N.,R.1 E.,B.M. 497.37' 1/4 S.5 S.5 S.4 PARCEL N' ' RU713M PARCEL"B" I ROS 13633 WATER EASEMENT No. 1 q r L7 WATER EASEMENT No.2 Q� J + I- 0.03 ACRES± (1,364 SQ.FT.) W I 1 1 P0111-2 - 75.48' _ 122.57' L5 L9 _� L10 �— r---------- _ _ ————— ———— I —1 1 CITY OF MERIDIAN L WATER EASEMENT No.3 WATER EASEMENT Ir INST.*2021-132715 O + _WADSWORTH MERIDIAN SUBDIVISION i o I � I � Line Table Line Table LINE BEARING LENGTH ��:ERING LENGTH L1 S00020'40"E 80.92' L7 S84051'26"E 20.00' p,L LAND L2 S01005'59"W 151.00' L8 S05°08'34"W 62.14' L3 S88054'01"E 56.00' L9 N84°06'00"W 14.05' a 7 8 8 0 0 9-26-2023 L4 N01°05'59"E 32.89' L10 S05°54'00"W 21.22' J'j P p L5 S84°06'00"E 48.35' L11 N84°51'26"W 5.67' WA�t'" 4 L6 N05008'34"E 61.8T L12 N05°08'34"E 21.30' 0 100' 200' 3 Exhibit "B' x Project No.:123061 y Horizontal Scale: 1" = 100' - Date of Issuance:9-21-2023 2 G THE Water Easement No. 2 TM o Own WE�i•►. x LAND City of Meridian o �o g =GROUP Dutch Bros Coffee of Canyon County r os