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HomeMy WebLinkAboutTM Creek Sub. No. 4 ESMT-2026-0130 (2026-044028) Ada County Recorder Trent Tripple 2026-044028 Project Name or Subdivision Name: Boise,Idaho Pgs=8 vbailey 06/17/2026 08:20:49 AM CITY OF MERIDIAN IDAHO$0.00 TM Creek Subdivision No.4 Electronically Recorded 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 Record Number: ESMT-2026-0130 WATER MAIN EASEMENT THIS Easement Agreement made this 16th day of June 2026 between BRIGHTON LANDHOLDINGS LLC&SCS TM CREEK LLC ("Grantor")and the City ofMerldlan,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, 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 1 Version 01/01/2024 Instrument # 2026-044028 06/17/2026 08:20:49 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 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 Instrument # 2026-044028 06/17/2026 08:20:49 AM Page 3 of 8 BRIGHTON LAND HOLDINGS LLC an Idaho limited liability company By: Brighton Ciprporation, an Idaho corporation, Manager By: Robert L. Phillips, President STATE OF IDAHO } ss. County of Ada } This record was acknowledged before me on CAY1 e �'� 20 2 6 by Robert L. Phillips,as the President of Brighton Corporation, an Idaho corporation, manager of Brighton Land Holdings LLC, an Idaho limited liability company. z - BETHANY TROVINGER COMMISSION#20260508 Notary Public f a o NOTARY PiJBLI0 My Commission Expires: 02-1)212.0 32 STATE OF IDAHO MY COMMISSION EXPIRES 0 211 2/2 0 3 2 Instrument # 2026-044028 0617/202608:20:49AM Page 4of8 SCS TM CREEK LLC gn Idaho limited liability company By: GC8 Management LLC. on Idaho limited liability company, Manager By:_14 Z'1,//A-, Z, L�Z Mi'6hael A. Hall, President of Manager STATE DF |OAHO ) : ee. County of Ada ) On this day ofJune, 3026. beforeme a Notary Public nfsaid Gtate, personally appeared Michaqe—A. Hall, known or identified to me to be the President of SCS Management LLC, the Manager of SCS TM Creek 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, | have hereunto set myhand and affixed my official seal the day and year in this certificate first above written. Instrument # 2026-044028 06/17/2026 08:20:49 AM Page 5 of 8 GRANTEE: CITY OF MERIDIAN Robert E. Sim' Ma or 6-16-2026 � SEAL Attest by Aris Johnson, City Clerk 6-16-2026 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 6-16-2026 (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 CHARLENE WAY My Commission Expires: 3-28-2028 COMMISSION No. 67390 NOTARY PUBLIC STATE OF IDAHO Water Main Easement Page 3 Version 01/01/2024 Instrument # 2026-044028 06/17/2026 08:20:49 AM Page 6 of 8 E N G I N E E R I N G June 2, 2026 Project No. 26-011 TM Creek Subdivision No.4 City of Meridian Water Easement Legal Description Exhibit A A parcel of land being a portion of Lots 26 and 27, Block 2 of TM Creek Subdivision No. 4(Book 117 of Plats, Pages 17944-17947, records of Ada County, Idaho), situated in the Northwest 1/4 of the Northwest 1/4 of Section 14,Township 3 North, Range 1 West, Boise Meridian, City of Meridian,Ada County, Idaho and being more particularly described as follows: Commencing at a brass plug marking the Northeast corner of Lot 28, Block 2 of said TM Creek Subdivision No.4, which bears N00°33'41"E a distance of 476.45 feet from a brass plug marking the Southeast corner of Lot 24, Block 2 of said TM Creek Subdivision No.4; Thence following the westerly right-of-way line of S.Wayfinder Avenue,S00°33'41"W a distance of 136.83 feet; Thence leaving said westerly right-of-way line, N86'21'28"W a distance of 98.55 feet to the POINT OF BEGINNING. Thence S00'38'32"W a distance of 20.00 feet; Thence N89'21'28"W a distance of 24.55 feet; Thence 500*38'32"W a distance of 9.75 feet; Thence S57°51'13"W a distance of 44.40 feet; Thence N89°21'28"W a distance of 85.74 feet to a 5/8-inch rebar marking the Southeast corner of said Lot 27; Thence following the westerly line of said Lot 27, N00°33'41"E a distance of 25.50 feet; Thence leaving said westerly line,S89°21'28"E a distance of 23.75 feet; Thence S00°38'32"W a distance of 5.50 feet; Thence S89°21'28"E a distance of 56.14 feet; Thence N57°51'13"E a distance of 27.61 feet; Thence N00°38'32"E a distance of 18.84 feet; Thence S89'21'28"E a distance of 44.55 feet to the POINT OF BEGINNING. Said parcel contains a total of 3,484 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. NpL LAND ENS SG� 71798 'A qlE OF Fy ZIMMER� 5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939 • kmengllp.com ((I��ns11tr��u((��men(n$$t n#��2gq0QQ2MM6-pp0a44g028$ P:\26-011\SURVEY\CAD\EXHIBITS\260528 CITY OF MERIDIAN WATER EASEMENT 26-011.DWG,TRE491JM1M?TP6J2729b;D hb$DF.PICP OS�X101fljPDF] O rr N O c(0 OD v � (.nrP Cr,1 N Z m Cn Z Z 0 w w z Z 0 N Z w OD O Cn 00 O O 00 p OD ("'nO OD O cj O Cn IR " r0 0 M �J O c0 O W 00 CD C,.I 0 OD � m en N (A N W N N W N W Z E O !C OD N W OD N 00 00 W N 00 N 0 > :3 N < to M M M rri rri rri : � n C m rD z -11 0VbCnp- —I 0 v in _ib b v O m 100- Ln to O u' cn D 00 z rD 10 z 77 0 4�- CL N r— L6 Ir Ln V U, O � � � I O � M r- _ riDO to I I I � � V0 't3- o rn_ °0 -p I m o �V) Oq I IN O (D m2 Q cn — ;D D -H U m .. � o goZ � " m ' M 0 o mZZ A. Der 00 = O m z� XrrT r*I—I ZOO OD 0 iA — I z0 pN�o —I W - Z r TI 0<� 44b LrI W OODDI� O� 0--10 t_n _ O U)00 01 Cn DO—OD cn z r �' r 0 N r N Dp Z �O 0 n vl� U) 60 G7�NCU z Z 0 339.63' 136.83' S00'33'41 W 476.45, BASIS OF BEARING o S. Wayfinder Ave. (Public) Z m Exhibit B - City of Meridian Water Easement m . =m " 0 m 3z 3 mo= TM Creek Subdivision No. 4 m � N.. Z o Q °groy_ m °a pn -n "'0 3 A portion of Lots 26 and 27, Block 2 of TM Creek Subdivision No.4, D z g o NW 1/4 of NW 1/4 of Sect. 14,T3N., RiW., B.M.,City of Meridian,Ada County, Idaho Instrument - 06/17/2026 08:20:49 AM Page 8 of 8 s89°21'28"e 44.55 °' 3 N [V M M CO M N 00 M T (D C ) 24.55 3"e n89°21'28'w s89°21'28"e ��Q5R61 23.75 s89°21'28"e m 56.14 M n o N o s5 6 85.74 n89°21'28"w 6/2/2026 Scale: 1 inch= 20 feet File: Tract 1:0.0800 Acres(3484 Sq.Feet),Closure:n00.0000e 0.00 ft.(1/145370),Perimeter=386 ft. 01 s00.3832w 20 10 n57.5113e 27.61 02 n89.2128w 24.55 11 n00.3832e 18.84 03 s00.3832w 9.75 12 s89.2128e 44.55 04 s57.5113w 44.4 05 n89.2128w 85.74 06 n00.334le 25.5 07 s89.2128e 23.75 08 s00.3832w 5.5