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HomeMy WebLinkAboutTM Crossing ESMT-2026-0033 (2026-016758) Ada County Recorder Trent Tripple 2026-016758 Boise,Idaho Pgs=8 vbailey 03/11/2026 08:34:43 AM CITY OF MERIDIAN IDAHO$0.00 Project Name or Subdivision Name: Electronically Recorded TM Crossing Subdivision No. 5 Water Main Easement Number: 1 Identify this Easement by sequential number if the project contains more than we easement of this type.See instructions/checklist for additional information. For Internal use only ESMT-2026-0033 Record Number: WATER MAIN EASEMENT THIS Easement Agreement made this 10th day of March 20 26 between BVB Ten Mile Crossing Annex,LLC,DWT Investments LLC and SCS Investments LLC, ("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 patties 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 Instrument # 2026-016758 03/11/2026 08:34:43 AM Page 2 of 8 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 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 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 Instrument # 2026-016758 03/11/2026 08:34:43 AM Page 3 of 8 GRANTOR: BVB TEN MILE CROSSING ANNEX, LLC By: BV Executive Management, Inc., an Idaho corporation, the Manager By: Christian Taor, Vice Presiddkof Real Estate STATE OF IDAHO County of Bonneville On this day of February, 2026, before me, the Notary Public in and for said State, personally appeared Christian Taylor, known or identified to me to be the Vice President of Real Estate for BV Executive Management, Inc. the Manager of BVB Ten Mile Crossing Annex, LLC, 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. ETANA BARNEY COMMISSION ION NO.63256 SS NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 03/17/2026 Not Public for Idah My Commission expir zl Instrument # 2026-016758 03/11/2026 08:34:43 AM Page 4 of 8 GRANTOR: DWT INVESTEMENTS, LLC an Idaho limited liability company By: Brighton Corporation, Idaho corpor tion, Manager By: Robert L. Pfiilli resident STATE OF IDAHO :SS. County of Ada On this /01 day of February, 2026, 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, 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. SHARI VA Notary Public for Idaho'--) UGHAN -2 COMMISSION#20181002] My Commission expires Q_ NOTARY PUBLIC STATE OF IDAHO [My COMMISSION EXPIRES 06/01/2030 Instrument # 2026-016758 03/11/2026 08:34:43 AM Page 5 of 8 GRANTOR: SCS INVESTMENTS, LLC an Idaho limited liability company By: Michael -Hall, President STATE OF IDAHO :ss. County of Ada On this I day of February, 2026, before me, the Notary Public in and for said State, personally appeared Michael A. Hall, known or identified to me to be the President of SCS Investments LLC, 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.SHARI VAUGHAN Notary Public for Idaho COMMISSION#20181002 NOTARY PUBLIC My Commission expires &- Z- 2,LL(p STATE OF IDAHO MY COMMISSION EXPIRES 06/0112030 Instrument # 2026-016758 03/11/2026 08:34:43 AM Page 6 of 8 GRANTEE: CITY OF MERIDIAN Robert E. ' on, Mayor 3-10-2026 SF,AL Attest by Chr' Johnso i r." ``y Clerk 3-10-2026 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 3-10-2026 (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: 28-2028 Water Main Easement Page 3 Version 01/01/2024 Instrument # 2026-016758 ���� ������ ��^� ° 0311�02O08:34:43AM Page 7of8 �� N� Exhibit A LEGAL DESCRIPTION A parcel of land located in the southwest quarter 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 Lot 11, Block 1ofTM Crossing Subdk/bionNo. 5,1hence along the West line of said Lot 11S16"01^31"VV7149feet toa tangent curve left,thence along said curve an arc length ofI1.25 feet(RAD0S=DO.00'; DELTA=15^13"15"; CHORD=SD"I4'48~ VVZl.19'), thence S 82'18'43" E 20.53 feet to a point on the East line of an existing City of Meridian Water easement |nstr. No. 2022-O33774,said point also being the POINT UFBEGINNING; Thence 589^2S'21° E1Z69 feet tuapoint; Thence SU0^34'39^VV2O.00 feet to o point; Thence N 89^2521^WV 12.77 feet toa point on said East line; Thence along said East line, N 00*4826" E 20.00 feet to the POINT OF BEGINNING. Said parcel oontaino26S sq.ft. (0.006acres),more or less. NL LAND EN 19961 c� —� 208'895'25201 Hunocku.mm Instrument # 2026-016758 03/11/2026 08:34:43 AM Page 8 of 8 r P a P.O.C. s FOUND 112"REBAR WITH CAP PLS 12459 f LOT LINE M + L=21.25' ; R=80.00' , ' j 0 40' 80, CD=21.19' .........,.«..,.'..... f SCALE:1"=40' FOUND P.Q.B. 112"REBAR NO CAP LT L2 �al.1P�L�NpSG 199fi1 L4 N 17FEB26 p PROPOSED EXTENSION c CITY OF I MERIDIAN WATER EASEMENT Qti'a LOT 11 BLOCKI TM CROSSING / suBDlulscoN NO.5 LINE TABLE LINE# DISTANCE DIRECTION 7 L1 20.53' .»......»..«.. ..... EXISTING CITY OF MERIDIAN L2 12.69' •«•,»•- ••� WATER EASEMENT INSTR.NO.2022-033774 L3 20.00' •«,•»•-•••� fL4 12.77' .....».,».... + L520.00' .,.......»..» ... 0 a c u a N LIMITS OF USAGE THIS EXHIBIT DOES NOT CONSTITUTE A RECORD OF Q SURVEY NOR SHOULD IT BE USED TO CONVEY c TITLE.IT IS A GRAPHICAL REPRESENTATION OF THE z WRITTEN LEGAL DESCRIPTION. L# DA�E FO (D r WAT E 1 EASEMENT d120 "=A4' 1162 West Grove Pkwy.,Ste 1 EPleasant Grove,UT 64062 EXlll�llt RLISTI G(801 763-5100 i37 2S www. orcocks_com PAGE. 01