Lake Hazel Rd. Sanitary Sewer and Water Main Easement No. 2 ESMT-2023-0161 (2023-065774) ADA COUNTY RECORDER Trent Tripple 2023-065774
BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 11/22/2023 08:04 AM
CITY OF MERIDIAN, IDAHO NO FEE
Proiect Name(Subdivision):.
Lake Hazel Rd.Sewer and Water Project
Sanitary Sewer&Water Main Easement Number:
Identify this Easement by sequential number if Project contains
more than one easement of this type.
(See Instructions for additional information).
ESMT-2023-0161
SANITARY SEWER AND WATER MAIN EASEMENT
THIS Easement Agreement, made this21 day of November 20 23 between
DwT Investments LLC&SCS Investments 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
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.
[END OF TEXT;SIGNATURES TO FOLLOW]
Sanitary Sewer and 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
vt�'�
By:
Robert L. Phillips, President
STATE OF IDAHO }
:SS.
County of Ada }
On this 30"b day of October, in the year 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.
=SHARIHAN
te of Idaho
r 20181002NOtar Public for Idaho
s Jun 1, 2024 y
My Commission Expires: — —
GRANTOR: SCS INVESTMENTS LLC
an Idaho limited liability company
Bk- littAd'11
Byqw,
:
A. Hall, Pre.ident
STATE OF I DA H O
ss.
County of Ada
This record was acknowledged before me on October �� ,2023; by Michael A.Hall,as the
President of SCS Investments LLC,an Idaho limited liability company.
AL 010
DONNA WILSON Notary Public for Idaho
COMMISSION#67674 M Commission Expires:
NOTARY PUBLIC y P
STATE OF IDAHO
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: 3-28-2028
Sanitary Sewer and Water Main Easement Page 3 Version 04/1 7/2023
1 _
E N G I N E E R I N G
October 25,2023
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 Sewer and Water Easement situated in a portion of Government Lot 4 of
Section 6,Township 2 North, Range 1 East, Boise Meridian,City of Meridian,Ada County,Idaho and being
more particularly described as follows:
Commencing at an aluminum cap marking the Northwest corner of said Section 6,which bears N89°42'12"W a
distance of 2,490.51 feet from a 5/8-inch rebar marking the North 1/4 corner of said Section 6;
Thence following the northerly line of said Government Lot 4,S89°42'12"E a distance of 655.06 feet;
Thence leaving said northerly line,S00°1748"W a distance of 70.50 feet to the proposed southerly right-of-
way line of E. Lake Hazel Rd.and being the POINT OF BEGINNING.
Thence following said proposed southerly right-of-way line,S89°42'12"E a distance of 34.00 feet;
Thence leaving said proposed southerly right-of-way line,S00°17'48"W a distance of 35.00 feet;
Thence N89°42'12"W a distance of 34.00 feet;
Thence N00°17'48"E a distance of 35.00 feet to the POINT OF BEGINNING.
Said parcel contains 1,190 square feet,more or less,and is subject to all existing easements and/or rights-of-
way of record or implied.
Attached hereto is Exhibit B and by this reference is made a part hereof.
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Plan Scale: 1"=40'
POINT OF COMMENCEMENT
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NORTHWEST SECTION 6 E. Lake Hazel Rd. FOUND 5/8" REBAR
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5725 NORTH DISCOVERY WAY
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PHONE(208)639-6939 Exhibit B - City of Meridian Sewer and Water Easement
kmengllp-com Lake Hazel Rd. Sewer and Water Project
s
DATE: October2023
Q PROJECT: 22.023
I SHEET: A portion of Gov't Lot 4, Section 6, T2N, R1E,
1 OF 1 B.M., City of Meridian, Ada County, Idaho
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