Vertex Subdivision No. 1 ESMT-2024-0007 (2024-006178) ADA COUNTY RECORDER Trent Tripple 2024-006178
Project Name or Subdivision Name: BOISE IDAHO Pgs=5 ANGIE STEELE 02/07/2024 08:33 AM
Vertex Subdivision No. 1 CITY OF MERIDIAN, IDAHO NO FEE
Water Main Easement Number:_1
Identify this Easement by sequential number if the project contains more than
one easement of this type.See instructionstchecklist for additional information.
For Internal Use Only
Record Number: ESMT-2024-0007
WATER MAIN EASEMENT
THIS Easement Agreement made this 6th day of February 20 24 between
Smith Brighton Inc. ("Grantor")and the City ofMeridian,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 ofaccess 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 ofthis 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 I Version 01/01/2024
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 ofno 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 thereofagainst the lawful claims ofall 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: SMITH BRIGHTON INC.
Robert L. Phillips, Chief Operating Officer
STATE OF IDAHO )
) ss
County of Ada )
This record was acknowledged before me on Jan./12 , 2024(date) by Robert L.Phillips
(name of individual), [complete the_following Z signing in a representative capacity, or strike
the_following lfsigning in an individual capacity] on behalf of Smith Brighton Inc.
(name of entity on behalf of whom record was executed), in the following representative
capacity: Chief Operating Officer (type of authority such as officer or trustee)
Notary Stamp Below
Notary Signature
SHARI VAUGHAN My Commission Expires:_—
Notary Public-State of Idaho
Commission Number 20181002
My Commission Expires Jun 1, 2024
Water Main Easement Page 2 Version 01/01/2024
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor 2- -
2024
Attest by Chris Johnson, City Clerk 2-6-2024
STATE OF IDAHO, )
. ss.
County of Ada )
This record was acknowledged before me on 2-6-2024 (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 Stamp Below
Notary Signature
My Commission Expires: 3-28-2028
Water Main Easement Page 3 Version 01/01/2024
'I J
E N G I N E E R I N G
January 12,2024
Project No.:22-015
Vertex Subdivision No. 1
City of Meridian Water Easement
Legal Description
Exhibit A
A parcel of land for a City of Meridian water easement situated in a portion of Government Lot 2 of
Section 5,Township 2 North, Range 1 East, B.M., City of Meridian, Ada County, Idaho, and being more
particularly described as follows:
Commencing at an aluminum cap marking the North 1/4 corner of said Section 5,which bears
N89°56'45"W a distance of 2,659.06 feet from an aluminum cap marking the Northeast cornerof said
Section 5,thence following the westerly line of said Government Lot 2,S00°01'10"W a distance of
261.46 feet;
Thence leaving said westerly line, S89°58'50"E a distance of 17.07 feet to the easterly right-of-way of
South Recreation Avenue and being the POINT OF BEGINNING.
Thence following said easterly right-of-way, NO2°18'36"E a distance of 20.02 feet;
Thence leaving said easterly right-of-way,S89°58'50"E a distance of 172.66 feet;
Thence S44°58'50"E a distance of 45.90 feet;
Thence 20.93 feet along the arc of a curve to the left,said curve having a radius 80.00 feet,a delta angle
of 14°59'29", a chord bearing of S61°38'30"W and a chord distance of 20.87 feet;
Thence N44°58'50"W a distance of 31.64 feet;
Thence N89°58'50"W a distance of 165.17 feet to the POINT OF BEGINNING.
Said parcel contains a total of 4,145 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 made a part hereof.
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