HomeMy WebLinkAboutChick-fil-A Ten Mile and Vanguard ESMT-2024-0054 (2024-025820) ADA COUNTY RECORDER Trent Tripple 2024-025820
BOISE IDAHO Pgs=8 BONNIE OBERBILLIG 05/15/2024 02:12 PM
Project Name or Subdivision:Name: CITY OF MERIDIAN, IDAHO NO FEE
Thick-fil-A Ten Mile`&Vanguard"Water Easem
Water Main Easement Number: 01
Identify this Easement by sequential number if the project contains more than one
easement of this type.See instructionsichecklist for additional information.
For Internal Use Only ESMT-2024-0054
Record Number:
WATER MAIN EASEMENT
THIS EasernentAlreernent made this 14th day of May 20 24 between
DWT lnvesunent: LC,SCS Investments LLC,
-_and BVB Ten Mile Crossina Annex LLC ("Grantor")and the City of Meridian,all 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 tirne 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 inains 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, 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 undei-taking 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 pant of the right-of-way and
easement hereby granted shall become part of, or lie within the boundaries of any
Water Main Easement Page 1 _Version 0 1/0 1/2024
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 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
lawfiil 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:]
Water Main Easement Page 2 Version 01/01/2024
GRANTOR: DWT INVESTMENTS LLC
An Idaho limited liability company
By: Brighton Corporation,
Manager
By:
Robert L. Phillips, President
STATE OF IDAHO J
:ss.
County of Ada )
On this the&-day of_ �- in the year 2024, before me a Notary Public of said
State, personally appeared Robert L.Phillips,known or identified tome to be the President of
Brighton Corporation,the Manager of DWT Investments LLC,an Idaho limited liability company,the
corporation that executed the instrument or the person who executed the instrument of behalf of
said corporation,and acknowledged tome that such company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
yearthis certificate firstwritten above.
EN.t
HAR:Numb
UGHAN � J
ubl State of Idaho Notary Public for Idaho
on er 20181002sionpires Jun 1, 2024 My Commission Expires:_ - �a
GRANTOR: SCS INVESTMENTS LLC
An Idaho limited liability company
BJ'4' /� 14Y
Michael A Hall,President
STATE OF IDAHO )
:ss.
County of Ada 7
On this the day of I in the year 2024,before me a Notary Public of said
State,personall S appeared Michael A.Hall,known or identified tome to be the President of SCS
Invest rtlle I1txmger-of-DV%94nvestnieots-,-L-LC,the company that executed
the instrument or the person who executed the instrument of 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
yearthis certificate first written above.
DONNA WILSON
COMMISSION#67674 Notary Public for Idaho
NOTARY PUBLIC My Commission Expires:
STATE OF IDAHO
GRANTOR: BVB Ten Mile Crossing Annex, LLC
By: BV Executive Management, Inc.,
An Idaho Corporation, the Manager
By: ) t
Richard L. Bozze •, President
STATE OF IDAHO }
:ss.
County of Bonneville }
On this the 11 day of AkQ�C►1 , in the year 2024, before me a Notary Public of said
State, personally appeared Richard L. Bozzelli, known or identified to me to be the President of BV
Executive Management, Inc., the Manager of BVB Ten Mile Crossing Annex, LLC,an Idaho limited
liability company,who subscribed said limited liability company name to the foregoing instrument
and acknowledged to me that such company as the Manager executed the same in said limited
liability company name.
IN WITN ESS WH EREOF, I have hereunto set my hand and affixed my official seal the day
and year this certificate first written above.
Avl'o
a Notary Public for Idaho
My Commission Expires: 0�1 10�(
o PUBLIC
s •0 �a�;
�Ho.y20ZD••�Q``���
�OF�IV�P•���`�
Document Description:
This Notary Certificate is attached to page 3 of the Chick-fil-a at Ten Mile Crossing Water Main Easement
Signature Page,Version 01/01/2024.
GRANTEE: CITY OF MERIDIAN
By mizabeth Strader, Council Vice President 5-14-2024
SF,AL
Attest by Chr' Johnson Clerk 574-2024
STATE OF IDAHO, )
ss.
County of Ada )
This record was acknowledged before me on 5-14-2024 (date) by Elizabeth Strader
and Chris Johnson on behalf of the City of Meridian, in their capacities as Council Vice
President and City Clerk, respectively.
CHARLENE WAY
COMMISSION No. 67390 Cha&ycWo.,qNOTARY PUBLIC Notary Signature
STATE OF IDAHO My Commission Expires: 3-28-2028
Water Main Easement Page 3 Version 01/01/2024
Exhibit A
10 11
15 14 NORTHWEST CORNER OF SECTION 14.
T3N, R1W, B.M.
(FOUND 3" BRASS CAP MONUMENT,
CP&F-110073397)
N
S 0'33'33' W 1329.15'
BASIS OF BEARING
NORTH 1/16 CORNER
(FOUND 3" FLAT ALUMINUM CAP
MONUMENT, CP&F-201 9 01 877 9)
! I h
I
�Lq co
I 0
C0 w
Z m
Q
POINT OF 0
0
BEGINNING 0 N
> Cu
S 89'26'09" E 177.16' S 89'26'27"E 127.42' 0 0_
Z=
Q w Z Cu
w n 4,237 SO. FT.
m w OR 0.097 ACRES a
N� Q � —
ih
6 N `-' N 89"26'27"W 67.42' m
N M M w
M o�-=�_S0*32'12"W M
3 3 Z N 89°26'27"W 13.95' u n Lt
M 40.00'
n
Mo J I
M1 -
J I
00
En I PARCEL A N 89'26'27"W I
33.44'
CITY OF MERIDIAN
EASEMENT PER NST. / I '
N0. 2022-072452
I /
WEST QUARTER CORNER OF SECTION 14, CENTER OF SECTION 14,
T3N, R1W, B.M.
(FOUND 2" FLAT ALUMINUM CAP FLAT ALUMINUM
RMINUUMM CAP
B.M.
MONUMENT, CP&F-111022595) (FOUND 2"
15 14 MONUMENT, CP&F-2020-083852) 14 14
15 14 S 89'11'13" E 2656.43' — 14 14
Line Table
..�\\
Line # Length Direction NI-LAND\GENS� SG
Li 14.92' S 89'26'27" E �Gj �,� �L
L2 10.93' S 00'33'33" W O 4/3/24
03 9.19' S 09'48'43" W 17793
n. SHEET 1 OF 2
PUBLIC UTILITY EASEMENT TyAN B ��C�� LDA N D SM V NN G
SOUTH VANGUARD WAY
MERIDIAN, IDAHO SCALE 1"=50' 4/3/24
Exhibit B
PUBLIC UTILITY EASEMENT DESCRIPTION
A PART OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE
MERIDIAN,CITY OF MERIDIAN,ADA COUNTY,IDAHO,MORE PARTICULARLY DESCRIBED AS FOLLOWS.
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 14; AND RUNNING THENCE SOUTH 0°33'33"
WEST 1329.15 FEET ALONG THE SECTION LINE BEING THE BASIS OF BEARING TO THE NORTH 1/16TH
CORNER OF SAID SECTION 14; THENCE SOUTH 0°33'51" WEST 678.58 FEET ALONG SAID SECTION LINE;
THENCE SOUTH 89°26'09"EAST 177.16 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 89°26'27"EAST 127.42 FEET;
THENCE SOUTH 0°33'33"WEST 41.98 FEET;
THENCE SOUTH 89°26'27" EAST 14.92 FEET TO A POINT ON THE EASEMENT GRANTED TO THE CITY OF
MERIDIAN PER INSTRUMENT NO.2022-072452;
THENCE ALONG SAID EASEMENT THE FOLLOWING TWO(2)COURSES:
(1) SOUTH 0°33'33"WEST 10.93 FEET;AND
(2) SOUTH 9°48'43"WEST 9.19 FEET;
THENCE NORTH 89°26'27"WEST 33.44 FEET;
THENCE NORTH 0°33'33"EAST 41.98 FEET;
THENCE NORTH 89°26'27"WEST 67.42 FEET;
THENCE SOUTH 0°32'12"WEST 13.95 FEET;
THENCE NORTH 89°26'27"WEST 40.00 FEET;
THENCE NORTH 0°33'33"EAST 33.95 FEET TO THE POINT OF BEGINNING.
CONTAINS 4.237 SQ.FT.OR 0.097 ACRES
�Np,1 LANDS
GEN SF� GPG
c� 4/3/24 arc
O
w 17793
a
SHEET 2 OF 2
PUBLIC UTILITY EASEMENT �� DI U O N D
LANDD SURVEYING
SOUTH VANGUARD WAY
MERIDIAN, IDAHO 4/3/24