Apex Northwest Subdivision No. 4 Sanitary Sewer and Water Main Easement No. 1 ESMT-2023-0160 (2023-065768) ADA COUNTY RECORDER Trent Tripple 2023-065768
BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 11/22/2023 08:03 AM
CITY OF MERIDIAN, IDAHO NO FEE
Apex Northwest Subdivision No. 4
Sanitary Sewer and Water Main Easement No. 1
ESMT-2023-0160
SANITARY SEWER AND WATER MAIN EASEMENT
THIS Easement Agreement, made this 21 day of November 20 23 between
Eagle I 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 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 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.
Sanitary Sewer and Water Main Easement Page 1 Version 04/17/2023
L 11 I-,
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: GLE 1,LLC
Chris Nolan,Member
STATE OF IDAHO )
) ss
County of Ada )
Tp�is recor�d�,, was acknowledged before me on (date) by
(name of individual), [complete the following if signing in a
representative capaci , or strike the following if signing in an individual capacity] on
behalf of (name of entity on behalf of whom record was
executed), in the following representative capacity: 0144 .f � (type of
authority such as officer or trustee)
'�•,G4,��••......��.;�-•'•, (stamp)
�pTAR}.•; $
w►•�
` Notary Signature
My Commission Expires:_R-?
""SArirtaiy Sewer and Water Main Easement Page 2 Version 04/17/2023
GRANTEE: CITY OF MERIDIAN
Robert E. Simison,Mayor 11-21-2023
Attest by Chris Johnson, City Clerk 11-21-2023
STATE OF IDAHO, )
SS.
County of Ada )
This record was acknowledged before me on 11-21-2023 (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:
Sanitary Sewer and Water Main Easement Page 3 Version 04/17/2023
E N G I N E E R I N G
October 23,2023
Apex Northwest Subdivision No,4
Project No.22-OS3
Legal Description
City of Meridian Utility Easement
Exhibit A
A parcel of land for a City of Meridian Water and Sewer Easement situated in a portion of the Southeast 1/4 of
the Southwest 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 S/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 an aluminum cap marking the Southeast corner of said Section
31;
Thence following the easterly line of said Southeast 1/4 of the Southwest 1/4 of Section 31,N00°16'S2"E a
distance of 311.49 feet to the POINT OF BEGINNING.
Thence leaving said easterly line,N89°43'08"W a distance of47.00 feet;
Thence N00'16'S2"E a distance of 38.00 feet;
Thence S89°43'08"E a distance of 47,00 feet to said easterly line;
Thence following said easterly line,S00°16'S2"W a distance of 38,00 feet to the POINT OF BEGINNING.
Said parcel contains 1,786 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.
a N 12459 0 2
OF
N L. BI+LtiA4
�o - 7--3—\L3
5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939• kmengllp.com
0
C—S 1/16 CORNER
SECTION 31 C?
N
rn
rn
N
P Proposed Apex 0 60 120 180
b Northwest Plan Scale: 1"=60'
o Subdivision No.4
0
S89'43'08"E
47.00'
I
NOD'16-52"E_'I S00'16'52"W
38.00' N89-43'08"W 38.00'
41.00' '*'�POINT OF BEGINNING
Eaglel, LLC Unplatted
S1131347000
a
ti
� QJ
m �
0
u Q
6
O 1
° Q
0
N ¢ v
0
N
ry
0
W
g to
U3
m
Z
o O
Z
L6
3
0
� I
t �
3 �
Z O
L-DI
E. Lake Hazel Rd. I
D 0I
<
31 32
° POINT OF COMMENCEMENT N89'42'21"W 2640.00'
FOUND 5/8" REBAR, "ALB 12459" BASIS OF BEARING FOUND ALUMINUM CAPE 5
o S 1/4 CORNER SECTION 31 SE CORNER SECTION 31
1CM
E N G I N E E R I N G
m 5725 NORTH DISCOVERY WAY
W BOISE,IDAHO83713
PHONE(208)639-6939 Exhibit B - City of Meridian Water and Sewer Easement
kmengllp.com
Apex Northwest Subdivision No. 4
DATE: October2023
a PROJECT: 22-053
SHEET: A portion of the SE 1/4 of the SW 1/4 of Section 31,
a
1 OF 1 T3N., R1E., B.M., City of Meridian, Ada County, Idaho