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Home My WebLink AboutTM Center East No. 2 ESMT-2025-0001 (2025-004316) ADA COUNTY RECORDER Trent Tripple 2025-004316 Project Name or Subdivision Name: BOISE IDAHO Pgs=8 CHE FOWLER 01/22/2025 04:20 PM TM Center East Subdivision No. 2 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 instructions/checklist for additional information. For Internal Use Only ESMT-2025-0001 Record Number. WATER MAIN EASEMENT THIS Easement Agreement made this 21 st day of January 20 25 between DWT Investments LLC. BVB Ten Mile Crossing Annex,LLC an nvestments�,("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 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 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] Water Main Easement Page 2 Version 01/01/2024 GRANTOR: DWT INVESTMENTS LLC an Idaho limited liability company By: Brighton Corporation, an Idaho Corporation, It' Hager By: Robert L. Phillips, President STATE OF IDAHO } :sS. County of Ada ) On this 1 4J day of January, in the year 2025, 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 seat the day and year in the certificate first written above. l L- Notary Signature My Commission Expires: SHARI VAUGHAN COMMISSION#20181002 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 06/01/2030 GRANTOR: SCS INVESTMENTS LLC an Idaho limited liability company By: &W'4' A4ekl— Michael A.Hall,President STATE OF IDAHO ) :ss. County of Ada ) On this I day of January,in the year 2025,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. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in the certificate first written above. DONNA WILSON Notary Signature COMMISSION 067674 My Commission Expires: S— (P ` NOTARY PUBLIC STATE OF IDAHO i GRANTOR: BVB TEN MILE CROSSING ANNEX,LLC an Idaho limited liability company By: BV Executive Management, Inc.,an Idaho Corporation, It's Manager By: Tahri Molifua, ExecutA..Vice President STATE OF IDAHO } :ss. County of Bon nevi lie } On this 2�4—*I"day of December, in the year 2024,before me a Notary Public of said State, personally appeared Tahri Molifua, known or identified to me to be the Executive Vice-President of BV Executive Management, Inc., the Manager of BVB Ten Mile Crossing Annex, 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 by official seal the day and year in this certificate first written above. ot%►Jniw1►rrrr (stamp) .••oroe;�•.,.'P �. Notary Signature �40TARk -1 o ��= My Commission Expires:� __ o PUBLIC ��''qrF OF IC3P�,�'��• rrrrirrrr�nt+«�� GRANTEE: CITY OF MERIDIAN Robert E. Simis ayor 1-21-2025 d l�iiL ERIL7L4N4�- Attest by Chr Johns"` _ Clerk 1-21-2025 STATE OF IDAHO. ) . ss. County of Ada ) This record was acknowledged before me on 1-21-2025 (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 3-28-2028 CHARLENE WAY My Commission Expires: COMMISSION No. 67390 NOTARY PUBLIC STATE OF IDAHO Water Main Easement Page 3 Version 0 1/0 1/2024 km- E N G I N E E R I January 2,2025 Project No.:Z2-321 TM Center East Subdivision City of Meridian Water Easement Legal Description Exhibit A parcel of land for a City of Meridian water easement being a portion of the Southeast 1/4 of the Northwest 1/4 of Section 14,Township 3 North, Range 1 West, B.M.,City of Meridian,Ada County, Idaho being more particularly described as follows: Commencing aLan aluminum cap marking the Center 1/4 corner of said Section 14,which bears SOO*35'31"W a distance of 2,656.80 feet from an aluminum cap marking the North 1/4 corner of said Section 14,thence following the easterly line of said Southeast 1/4nf the Northwest 1/4. NOU"35'31°Ea distance of7U5.99feet; Thence leaving said easterly line, N89^24/29^VVa distance of1J7.4S feet tothe POINT 0FBEGINNING. Thence N89'11'30"W a distance of 157.66 feet to the boundary of an existing City of Meridian water easement recorded as Instrument No.2023-069233, records of Ada County, Idaho; Thence following said boundary, NOO^4Q'3O^Ea distance ofIO.O0feet; Thence leaving said boundary,5Q9~l1'3U"Ea distance of1S7.4Afeet; Thence 5DO^lO'S8"VVa distance ofl0.08 feet to the POINT OFBEGINNING. Said parcel contains a total of 3,151 square feet, more or less,and is subject to all existing easements and/or h8h1s-of+maynf record orimplied. Attached hereto is Exhibit B and by this reference is made a part hereof. 124 v '*c --7=-=-5----' -- -- ' — - - - ----- s7as North Discovery Way^ Boise, |dahooy7za ~ 208.639.6939~ kmeomj|p.com