HomeMy WebLinkAboutTMX MOB Water Easement - (2020-169219) ADA COUNTY RECORDER Phil McGrane 2020-169219
BOISE IDAHO Pgs=13 KRISTINA LOWRY 12/09/2020 08:42 AM
CITY OF MERIDIAN, IDAHO NO FEE
Project Name(Subdivision):
ESMT-2020-0153 TMX MOB Water Main
Easement No. 1
WATER MAIN EASEMENT
THIS Easement Agreement, made this 8th day of December 2020, between BVASB Ten Mile
Medical Office Building LLC, SCS Investments LLC,DWT Investments LLC,and the Thomas W. Tomlinson
Administrative Trust Under the Tomlinson Family Trust dated April 7, 1982, (collectively referred to herein
as"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 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 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, it's
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 will not place or allow to be placed any
permanent structures, trees, brush, or perennial shrubs or flowers within the area described for
this easement, which would interfere with the use of said easement, for the purposes stated
herein.
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 Version 01/01/2020
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 on following pages.
Water Main Easement Version 01/01/2020
BVASB TEN MILE MEDICAL OFFICE BUILDING LLC,
an Idaho limited liability company
By its Executive Managers
BV Management�ervices, Inc., an Idaho corporation
By:
Cortn y Liddiard, President
j
Brighton Corporation, an Idaho corporation
By:
Robert L. Phillips, President
STATE OF
:ss.
COUNTY OF gjq+n+cl�Vi�t�)
On this2.3day of b ,2020, before me,the undersigned, a notary public in and for
said State, personally appeared CnwkyNgN 1..i te4known or identified to me to be the President of
bA Executive Man ger of BVASB Ten Mile Medical Office Building LLC, and
acknowledged to me that such corporation and limited liability 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.
BRANDI t.OVE
Fmy
OMMISSION NO. 37925 Notary Public foralitic
NOTARY PUBLIC
STATE OF IDAHO My commission expires:
OMMISSION EXPIRES b4112126
STATE OF IDAHO )
:ss.
COUNTY OF )
On this_day of 2020, before me,the undersigned, a notary public in and for
said State, personally appeared known or identified to me to be the President of
, the Executive Manager of BVASB Ten Mile Medical Office Building LLC, and
acknowledged to me that such corporation and limited liability 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.
Notary Public for
My commission expires:
BVASB TEN MILE MEDICAL OFFICE BUILDING LLC,
an Idaho limited liability company
By its Executive Managers
BV Management Services, Inc., an Idaho corporation
By:
Cortney Liddiard, President
Brighton Corporati Idaho corporation
By:
Robert Phillips, President
STATE OF oQ a.h o )
ff
COUNTY OF i ot0 :ss.& )
On thisil'%ay of UOIX1 2020, before me, the undersigned, a notary public in and for
said State personally appeared ,L. kM 105 known or identified to me to be the President of
Ca , the Executive Manager of BVASB Ten Mile Medical Office Building LLC, and
ack owledged to me that such corporation and limited liability 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.
E
ARIVAUGHANblic State of IdahoNotary Public forn Number 20181002on Expires Jun 1, 2024 My commission expires: - I"o2Ua-
STATE OF IDAHO )
:ss.
COUNTY OF )
On this_day of 2020, before me, the undersigned, a notary public in and for
said State, personally appeared known or identified to me to be the President of
, the Executive Manager of BVASB Ten Mile Medical Office Building LLC, and
acknowledged to me that such corporation and limited liability 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.
Notary Public for
My commission expires:
SCS INVESTMENTS LLC
an Idaho limited liability company
By: 4v'l
Michael A. Hall, President
STATE OF IDAHO )
ss.
County of Ada )
On this ! day of . in the year of 202(}, before me a Notary Public of
said State, personally appeared Michael A. Hall, known or identified to me to be the President of
SCS 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.
6
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
c3w
No ary Pu lic for Idaho A � ��My Commission expires ,`
DWT INVESTMENTS LLC
an Idaho limited liability company
By: Brighton Corporation, an Idaho corporation, Manager
By: /Z
Robert L. Phillips, President
STATE OF IDAHO )
: SS.
County of Ada )
This record was acknowledged before me on-Nam 61it_ ($ , 20 -�0 , by Robert L.
Phillips, as the President of Brighton Corporation, an Idaho corporation, manager of DWT
Investments LLC, an Idaho limited liability company.
0A4'L*L
SHARIVAUGHAN
Notary Public-State of Idaho Notary Public for Idaho /
Commission Number 20181002
My Commission Expires Jun 1, 2024 My Commission expires to' /'aDa4
THOMAS W. TOMLINSON ADMINISTRATIVE TRUST
UNDER THE TOMLINSON FAMILY TRUST 4/7/1982
By:
Mark W. Lindsay, Co-Trustee
By:
David . Turnbull, Co-Trustee
STATE OF IDAHO )
. ss.
County of Ada )
This record as acknowledged before me on y I o UCwt 162,f 1 g — 2020,
by David W. Turnbull, on behalf of the Thomas W. Tomlinson Administrative Trust Under the
Tomlinson Family Trust dated 4/7/1982, in the representative capacity of Co-Trustee.
- - - - - - - - - - - -
SHARI VAUGHAN U�t V
Notary Public-State of Idaho
Commission Number 20181002 Notary Public for Idah6J
/
My Commission Expires Jun 1, 2024 My Commission expires lo' l—a.oa+
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy or validity of that document.
STATE OF CALIFORNIA )
ss.
County of San Diego )
On , before me,
(Insert name and title of the officer)
personally appeared Mark W. Lindsay, who proved to me on the basis of satisfactory evidence to
be the person whose name is subscribed to the within instrument and acknowledged to me that
he executed the same in his capacity of Co-Trustee, and that by his signature on the instrument,
the trust upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
THOMAS W. TOMLINSON ADMINISTRATIVE TRUST
UNDER THE TOMLINSON FAMILY TRUST 4/7/1982
By:
Mark W. Lindsay, Co ustee
By:
David W. Turnbull, Co-Trustee
TATE OF IDAHO )
: ss.
County da )
This recor acknowledged before me on �'f 2020,
by David W. Turnbull, behalf of the Thomas W. Tomlinson inistrative Trust Under the
Tomlinson Family Trust dat 4/7/1982, in the represent ' capacity of Co-Trustee.
No ublic for Idaho
My Comm n expires
�d
A nota public or other officer completing this certificate verifies only
i ity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracv or validitv of that document.
STATE OF CALIFORNIA )
: ss.
County of San Diego ) C
On \1� ((Y x r 161,702 — before me,
(Insert name and title of the officer)
personally appeared Mark W. Lindsay, who proved to me on the basis of satisfactory evidence to
be the person whose name is subscribed to the within instrument and acknowledged to me that
he executed the same in his capacity of Co-Trustee, and that by his signature on the instrument,
the trust upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
r
ILEANA SORANIDIS
(.(Lt✓f
Signature a .�:..
1. (seal) Commission No,2279717
C
NOTARY PUBLIC-CALIFORNIA v SA.N DIEGO COUNTY
-`�=�. •; Commis*n E*2:rec kd,;reh 4.2023 CS
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor
Attest by Chris Johnson, City Clerk
STATE OF IDAHO, )
. ss.
County of Ada )
This record was acknowledged before me on 12-8-2020 (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 Public For Idaho
My Commission Expires: 3-28-2022
Water Main Easement Version 01/01/2020
2775 W.Navagator Drive,Suite 210 Idaho Office
Meridian,Idaho 83642 H O RR O C K S Tel: 208.895,2520
ww w .horrocks.com
E N G I N E E R S
Date: November 12, 2020
Project: ID-143 3-1810
Page: 1 of 3
EXHIBIT A
TMX MOB WATER EASEMENT
This Easement is in a portion of Parcels A, B, C, and D, of Record of Survey No. 11,866,
Instrument#2019-049209, records of Ada county, and is located in the S.W. '/4 of Section 14,
Township 3 North, Range 1 West of the Boise Meridian, City of Meridian,Ada County, Idaho,
more particularly described as follows:
BEGINNING at a 5/8"rebar with plastic cap stamped PLS # 8960 marking the southeast corner
of Parcel D of said Record of Survey No. 11,866; thence along the south boundary of said Parcel
D,
1) N.89°11'04"W., 206.42 feet to the southwest corner of said Parcel D, said point also
being on the east boundary of Parcel A of said Record of Survey No. 11,866;thence
along the east boundary of said Record of Survey No. 11,866,
2) S.00°45'59"W., 5.93 feet to the southeast corner of said Parcel A; thence along the south
boundary of said Parcel A,
3) N.89°11'04"W., 238.33 feet to an angle point in the south boundary of said Parcel A;
thence leaving said south boundary,
4) N.89°11'04"W., 39.57 feet; thence,
5) N.00°45'59"E., 20.00 feet; thence,
6) S.89°11'04"E., 273.83 feet; thence,
7) N.00°33'50"E., 35.87 feet;thence,
8) N.89°11'04"W., 25.86 feet;thence,
9) N.00°33'50"E., 10.00 feet; thence,
10)S.89°11'04"E., 25.86 feet; thence,
HAD 1433-1810 TM Crossing MOB Hospital/Project data/04 Survey/Legal Descriptions/Parcel D 052019
Date:November 12, 2020
Project: ID-143 3-1810
Page: 2 of 3
11)N.00033150"E.5 116.41 feet; thence,
12)N.25°28'08"W., 62.42 feet; thence,
13)5.6403115211W.5 61.42 feet; thence,
14)N.89°11'04"W., 230.95 feet; thence,
15)5.0003315011W.5 31.58 feet; thence,
16)N.890 11'04"W., 10.00 feet; thence,
17)N.00°3 3'S 0"E., 31.58 feet; thence,
18)N.89°11'04"W., 62.16 feet; thence,
19)5.00033'50"W.5 52.61 feet; thence,
20)N.89°11'04"W., 42.46 feet;thence,
21)N.00033150"E., 72.81 feet; thence,
22)5.890 11'04"E., 341.20 feet; thence,
23)N.64°31'S2"E., 180.12 feet; thence,
24)N.25 028108"W., 18.28 feet; thence,
25)N.64031152"E.9 10.00 feet;thence,
26)5.2502810811E., 18.28 feet; thence,
27)N.64°31'S2"E., 5.96 feet; thence,
28)5.83006148"E.1, 71.30 feet to a point on the east boundary of Parcel D of said Record of
Survey No. 11,866 and a point of curvature; thence along the east boundary of said Parcel
D and a curve to the right,
29)Having an arc length of 24.64 feet, a radius of 731.00 feet, through a central angle of
01 055'54" and a long chord which bears 5.19° 53' 43"E., 24.64 feet; thence leaving the
east boundary of said Parcel D,
HAD 1433-1810 TM Crossing MOB Hospital/Project data/04 Survey/Legal Descriptions/Parcel D 052019
Date: November 12
Project: ID-143 3-1810
Page:3 of 3
30)N.83°06'48"W., 76.32 feet; thence,
31)S.64031152"W., 112.47 feet; thence,
32)S.25028108"E., 50.32 feet; thence,
33)N.67°31'24"E., 17.90 feet; thence,
34)S.25028108"E., 10.01 feet; thence,
35)S.67031124"W., 17.90 feet;thence,
3 6)S.25°28'08"E., 5.07 feet; thence,
37)S.00033'50"W., 161.18 feet; thence,
3 8)S.890 11'04"E., 190.04 feet to a point on the east boundary of Parcel D of said Record of
Survey No. 11,866; thence along said east boundary,
39)S.0005013211W., 20.00 feet to the POINT OF BEGINNING.
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