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HomeMy WebLinkAboutTM Crossing Sub. No. 2 ESMT-2025-0166 (2025-079838) Ada County Recorder Trent Tripple 2025-079838 Boise,Idaho Pgs=9 boberbillig 12/03/2025 08:06:29 AM CITY OF MERIDIAN IDAHO$0.00 Project Name or Subdivision Name: Electronically Recorded TM Crossing Subdivision No. 2 Sanitary Sewer&Water Main Easement Number. Identify this Easement by sequential number if the project contains more than one easement of this type.See Instructionslchecidist for additional intarmatlon. For Internal use Only ESMT-2025-0166 Record Number: SANITARY SEWER EASEMENT THIS Easement Agreement made this 2nd day of December 20 25 between DWT Investments Tomlinson Foundation and SCS Investments LLC,_("Grantor")and the City ofMeridian,an Idaho Municipal Corporation("Grantee"); WHEREAS,the Grantor desires to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described;and WHEREAS,the sanitary sewer 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 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 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 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. Sanitary Sewer Easement Page 1 Version 01/01/2024 Instrument # 2025-079838 12/03/2025 08:06:29 AM Page 2 of 9 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 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 of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs,personal representatives,purchasers,or transferees ofany 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 Easement Page 2 Version 01/01/2024 Instrument # 2025-079838 12/03/2025 08:06:29 AM Page 3 of 9 GRANTOR: DWT INVESTMENTS LLC an Idaho limited liability company By: Brighton Corporation, an Idaho corporation, manager By: Robe L. Phillips, President STATE OF IDAHO } :SS. County of Ada ) On thi$, - day of November, 2025, before me, the Notary Public in and for 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, an Idaho limited liability company, who subscribed said limited liability company name to the foregoing instrument, and acknowledged to me that he executed the within instrument on behalf of said corporation, and that such corporation executed the same in said limited liability company name. 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 Ida My Commission expires &—/'R-0 3 D SNARLRI V .HwA+N FMYC,OMMISSION OMMISSION#20181002 NOTARY PUBLIC STATE OF IDAHO EXPIRES 06/01/2030 Instrument # 2025-079838 12/03/2025 08:06:29 AM Page 4 of 9 GRANTOR: TOMLINSON FOUNDATION a California nonprofit public benefit corporation By: Mark L.Lindsay,Vice qresident ACKNOWLEDGMENT 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 Califomia County of D:d On before me, (insert name and title of the offs r) personally appeared Mark W. Lindsay,Vice President who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)Ware subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by hislher/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)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. ANDREW WEBER WITNESS m hand and off-c-M�'^� "0`40VCOrrm"im cession No 2417258 y \ NOTARY PUBLIC-CALIFORNIA v # SAN DIEGO COLIMTY ' Ex_ September 2(},2026 Signature (Seal) Instrument # 2025-079838 12/03/2025 08:06:29 AM Page 5 of 9 GRANTOR: SCS INVESTMENTS LLC an Idaho limited liability company By: r 411 /aw—, - - +c 'ael A. Hall, Presidefit STATE OF 1DAHO ) )ss. County of Ada ) This record was acknowledged before me on November � ,2025, by Michael A. Hall as the President of SCS Investments LLC.an Idaho limited liability company. DONNAWILSON Notary Public for Idaho a COMMISSION#67674 My Commission Expires: NOTARY PUBLIC STATE OF IDAHO Instrument # 2025-079838 12/03/2025 08:06:29 AM Page 6 of 9 GRANTEE: CITY OF MERIDIAN Robert . Simi on, yor 12-2-2025 � SF,AL Attest by Chris John"'"'"`;" ity Clerk 12-2-2025 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 12-2-2025 (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 CHARLENE WAY My Commission Expires: 3-28-2028 COMMISSION No. 67390 NOTARY PUBLIC STATE OF IDAHO Sanitary Sewer Easement Page 3 Version 01/01/2024 Instrument # 2025-079838 12/03/2025 08:06:29 AM Page 7 of 9 E N G I N E E R I N G November 17,2025 Project No.:25-093 TM Crossing Subdivision No.2 Sewer Easement Legal Description Exhibit A A parcel of land for a sewer easement being a portion of Lot 12, Block 2 of TM Crossing Subdivision No.2 (Book 113 of Plats,Pages 16733-16735,records of Ada County,Idaho),situated in the Southwest 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 at a 5/8-inch rebar marking the Southwest corner of said Lot 12,which bears N89'11'04"W a distance of 184.55 feet from a 5/8-inch rebar marking the Southeast corner of said Lot 12,thence following the westerly boundary of said Lot 12,N00'48'27"E a distance of 47.92 feet to the POINT OF BEGINNING. Thence following said westerly boundary,N00'48'27"E a distance of 10.00 feet, Thence leaving said westerly boundary,S89'3336"E a distance of 18.94 feet; Thence N00°48'35"E a distance of 151.24 feet; Thence N89'11'25"W a distance of 18.94 feet to said westerly boundary; Thence following said westerly boundary,N00'48'27"E a distance of 10.00 feet, Thence leaving said westerly boundary,589°11'25"E a distance of 28.94 feet; Thence S00'48'35"W a distance of 173.51 feet; Thence S55'26'25"E a distance of 58.77 feet; Thence S00'34'33"W a distance of 13.13 feet to the southerly boundary of said Lot 12; Thence following said southerly boundary, N89'11'04"W a distance of 10.00 feet; Thence leaving said southerly boundary, N00°34'33"E a distance of 7.77 feet; Thence N55'26'25"W a distance of 58.80 feet; Thence N00'48'35"E a distance of 7.61 feet; Thence N89633'36"W a distance of 18.94 feet to the POINT OF BEGINNING. Said parcel contains a total of 2,833 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. gg� 01ST s 12459 e% OF l� L 1 l••�7.ZC�� 5725 North Discovery Way-Boise, Idaho 83713- 208.639.6939- kmenglip.com Instrument # 2025-079838 12/03/2025 08:06:29 AM Page 8 of 9 S89'11'25"E N00'48'27'E �28.94' Lot 12, Block 2 TM Crossing Subdivision No. 2 DWT Investments LLC I R8484010200 I I I l I I I I I I LINE TABLE I N v cv l LINE BEARING DISTANCE p Z 'n I L1 S89'33'36"E 18.94' c Lot 11, Block 2 I I �, 2 TM Crossing Subdivision No.2 tw I L2 N89'11'25W 18.94' c In As L3 N89'11'04"W 10.00' m -Q v b I I a L4 N00'34'33"E 7.77' c I I u' L5 N00'48'35"E 7.61' -' o L6 N89'33'36W 18.94' V X r Y1 a l � a I f ° N00'48'27"E L1 a 10.00' L6 S5526'25"E r POINT OF BEGINNING W \ SOUTHEAST CORNER LOT 12 FOUND 5f8" REBAR POINT OF COMMENCEMENT b Oi S00'34'33"W SOUTHWEST CORNER LOT 12 z \ b 13.13' FOUND 5/8" REBAR 67.86' L3 106.69' N89-11'04"W 184.55' O BASIS OF BEARING W. Navigator Drive 3 N C6 0 40 80 120 0. kN Plan Scale:1"=40' E N G I N E E R I N G m S72S NORTH DISCOVERY WAY BOISE,IDAHO 93713 cPHONE(M)1539-5939 Exhibit B kmengllp.tom Sewer Easement DATE: November 2025 PROJECT: 25-093 SHEET: Lot 1.2, Block 2 of TM Crossing Subdivision No. 2 1 OF 1 SW1/4 Sec. 14, T3N, 111W, BM, City of Meridian,Ada County, Idaho 0. Instrument # 2025-079838 12/03/2025 08:06:29 AM Page 9 of 9 s89°11'Y5'0 zs.ea 18.94 n� m isj a �N � e r+ S— r C s89°33'38'e 18.94 n si9 �e Sewer Easement 25-093 T,1/17/2025 Scale: 1 inch=27 feet File: Tract 1:0.0650 Acres(2833 SQ.Feet),Closure:n00.0000e 0.001t.(1/131479),Perimeter-5871t. D1 n00.4827e 10 11 rt00.3433e 7.77 D2 s89.3336e 18.94 12 n55.2625w 58.9 D3 n00.4835e 151.24 13 n00.4835e 7.61 D4 n89.1125w 18.94 14 n89.3336w 18.94 05 rtODA827e 10 08 s89.1125e 28.94 07 900.4835w 173.51 D8 s55.2625e 58.77 09 s00.3433w 13.13 10 n89.1104w 10