Brighton Investments, LLC - Temporary Construction EasementADA COUNTY RECORDER Christopher D. Rich 2016-119312
BOISE IDAHO Pgs=9 DAWN TRIVOLIS 12/09/2016 08:39 AM
CITY OF MERIDIAN, IDAHO NO FEE
Re -Recording Temporary Construction Easement to Fix Notary Statement
ADA COUNTY RECORDER Christopher D. Rich
BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 12/08/2016 01:21 PM
CITY OF MERIDIAN, IDAHO NO FEE
IBM ME CONSTRUCTION EASEMENT
THIS INDENTURE, made this & day of L-)VX2016 between Brighton Investments LLC, an
Idaho limited liability company, the panties of the first part, and hereinafter called the
GRANTORS, and the City of Meridian, Ada County, Idaho, the party of the second part, and
hereinafter called the GRANTEE;
WITNESSETH:
WHEREAS, the GRANTORS are willing to provide a temporary construction easement
across the premises and property hereinafter particularly bounded and described; and
WHEREAS, the sanitary sewer is to be provided by an underground pipeline to be
constructed by the GRANTEE; and
NOW, THEREFORE, in consideration of the benefits to be received by the
GRANTORS, and other good and valuable consideration, the GRANTORS do hereby
give, grant and convey unto the GRANTEE the right-of-way for a temporary easement
over and across the following described. property:
MATTACHED LEGAL EXHIBITSA,2.1 andA 2.2.
The temporaryconstruction casement hereby granted is for the purpose of construction of
a sewer line and access road and related incidental work and storage of materials related
to the construction process,
TO HAVE AND TO HOLD, the said easement and right -o:- way unto the said
GRANTEE, its successors and assigns shall be temporary, The termination of this
easement shall expire 30 days after the installation and final acceptance of said sewer line
and related appurtenances by the GRANTEE,
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,
that after installing and accepting said sewer line and access road and related
appurtenances, GRANTEE shall restore the area of the easement and adj acent property to
that existent prior to undertaking such construction, however, GRANTEE shall not be
responsible for :repairing, replacing on restoring anything placed within the area described
in this easement that was placed there in violation of this casement,
THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized
and possessed of the aforementioned and described tract of land, and that they have a
good and lawful right to convey said easement, and that they will warrant and forever
Temporary Construction Easement . Rev.4.4.16
defend the title and quiet possession thereof against the lawful claims of all persons
whomsoever.
GRANTEE hereby agrees to the extent allowed by law to indemnify and hold
GRANTOR harmless from and against any and all claims for loss, injury, death and
damage caused by or arising out of the use of the easement by GRANTEE, its employees,
contractors and agents, hereunder, and including, without limitation, attorneys fees and
costs that might be incurred by GRANTOR in defending any such claims.
Nothing herein contained shall be deemed to be a grant or dedication of any portion of
the temporary construction easement to the general public. This easement shall be
strictly limited to and for the purposes herein expressed,
IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their
signatures the day and year first herein above written.
GRANTO : BRIGHT -ON INVESTMENTS LLC
By;
David Turnbull, Managing Member
� f1 Ill EXIP/lAll 'r f W17 AN/ 1J) S-�713
Address
STATE OF IDAHO )
ss.
County of Ada )
r�
On this day of �J 0 V ayt t" , 20 L, before me, the undersigned, a
Notary Public in and for said State, personally appeared David W. Turnbull, known or
identified to me to be the Managing Member of the limited liability company that
executed the within instrument, and acknowledged to me that such limited liability
company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written,
NANCY THRONGARD
�FiY PUBLIC"
STATE OF IDAHO
0 "6q J -(ft kyG,7-(0
NOTARY P -0 -LIC FOR ID O
Residing at:
Commission Expires:
Temporary Construction Easement Rev.4-4-16
CITY OF MBRIDIAN
Tammy do
Attest.C, JayVoles, Ct Clary
Approved By City Council On; �c (p
STATE OF II7A0 )
ss
County of Ada )
On this (o day of. /Q , 2 �, before ane, the undomig od, a
Notary Public in and for said State, personal l eared Tammy do Weerd and Jaycee L.
Holman, lmown to me to he the Mayor and 'ty Clerk) respectively, of the City of
Meridian, Idaho, and who executed the with' ins umont, and aokn.owledged to mo that
the City of Meridian oxeouted the same,
IN WITNESS WHEREOF, I have her nto sot my hand d aflxed my offloial seal the
day and year first above written,
(SEAL)
NOTARY PUBLIC FOR IDARN
Residing at. 4
Commission 16 '-
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IN
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GRANTER: CITY OF MERIDIAN
Tammy de
40$,jpD AUGugTl 6
xl d city
Y
Attest 1&.C, Jaykdoles, Catty Clerk
Approved By City Council On; W6
STATE OF IDAHO )
ss
County of Ada )
On this ,_e_, day of /,D w.a , , 2,0, 16_, before me, the undersigned, a
Notary Public in and for said State, personally appeared Tammy de Weerd and4ayeeo-L,
--M-olmanr lmowrr to me to be the Mayon and City Clerk, respectively, of the City of
Moridian, Idaho, and who executed the Within instrument, and acknowledged to me that
the City of Meridian executed the same,
IN WMESS WHEREOF, I have hereunto sot my hand and affixed my official seal the
day and year first above written,
Jl 5
/J D
(SEAT) WJARY PUBLIC FOR IDAHO
FSP Residing at; —�f>"
Commission xpires;d'��Aa�
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EXHIBIT A2.1
Temporary Construction Easement
Brighton
Boundary Description
Project Number 10-15-116 October 27, 2016
Three easements situated in the southeast quarter of the northwest quarter and the northeast quarter
of the northwest quarter of Section 31, Township 3 North, Range 1 East, Boise Meridian, Ada County,
Idaho, and being more particularly described as follows:
Easement 1
Commencing at the west quarter -section corner of Section 31, Township 3 North, Range 1 East, Boise
Meridian;
Thence N89°57'17"E, 1188.51 feet along the south line of the northwest quarter to the center -west
sixteenth -section corner and the southwest corner of Parcel 1- Murgoitio 18 of General Warranty Deed
Instrument Number 2014-099401, records of Ada County, Idaho;
Thence N00°31'01"E, 1087,65 feet along the west line of the southeast quarter of the northwest quarter
and Parcel I to the POINT OF BEGINNING:
Thence continuing NOO'31'01"E, 75.01 feet along the west line of the southeast quarter of the
northwest quarter and the boundary of Parcel 1;
Thence N89°36'48"E, 295,47 feet;
Thence N34°07'06"E, 76.63 feet;
Thence S53°26'07"E, 75.07 feet,
Thence S34°07'06"W,112.88 feet;
Thence 589°36'48"W, 336,11 feet to the POINT OF BEGINNING.
The above-described easement contains 0,71 acres, more or less,
Easement 2
Commencing at the west quarter -section corner of Section 31, Township 3 North, Range 1 East, Boise
Meridian;
Thence N89°57'17"E, 1188,51 feet along the south line of the northwest quarter
to the center -west sixteenth -section corner and the southwest corner of Parcel // G f `
1- Murgoitlo 18 of General Warranty Deed Instrument Number 2014-099401, / o
records of Ada County, Idaho; 1
Page 1 of 3
a 250 5 Beechwood Avenue, Sulte 201, Boise, ID 83709 p 208-376-7330 % 208-323-9336 IP W W W JUb.com
Temporary Construction Easement Rev.4-4-16
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Brighton continued...
Thence NOO°31'01"E,1187.66 feet aiongthe west line of the southeast quarter of the northwest quarter
and the boundary of Parcel 1 to the POINT OF BEGINNING:
Thence continuing NOD°31'01"E, 139,23 feet along the west line of the southeast quarter of the
northwest quarter and the boundary of Parcel 1 to the northwest sixteenth-section corner;
Thence N00020139"E, 231.90 feet along the west line of the northeast quarter of the northwest
quarter and the boundary of Parcel 1;
Thence N82°35'39"E, 37,97 feet along the boundary of Parcel 1;
Thence S36°35'15"E, 33,52 feet;
Thence S1.7°32'30"E,140.00 feet;
Thence S39°51'13"E, 107.57 feet;
Thence S53°26'07"E, 1.65.19 feet;
Thence S34°07'06"W, 39,53 feet;
Thence S89°36'48"W, 281.92 feet to the POINT OF BEGINNING.
The above-described easement contains 1,29 acres, more or less,
Easement 3
Commencing at the west quarter -section corner of Section 31, Township 3 North, Range 1 East, Boise
Meridian;
Thence N89057'17"E, 11.88,51 feet along the south line of the northwest quarter to the center -west
sixteenth -section corner and the southwest corner of Parcel 1- Murgoltio 18 of General Warranty Deed
Instrument Number 2014-099401, records of Ada County, Idaho;
Thence N0003101"E, 1326.89 feet along the west line of the southeast quarter of the northwest quarter
and the boundary of Parcel 1 to the northwest sixteenth -section corner;
Thence N00"20'39"E, 231,90 feet along the west line of the northeast quarter of the northwest quarter
and the boundary of Parcel 1;
Thence N82°35'39"E, 84.64 feet along the boundary of Parcel 1 to the POINT OF BEGINNING:
Thence continuing N82°35'39"E, 20,32 feet along the boundary of
Parcell;
Thence S17°32'30"E, 1.06.42 feet;
Page 2 of 3
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Brighton continued...
Thence 572027'30"W, 20.00 feet,
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Thence N17032'30"W, 110.00 feet to the POINT OF BEGINNING,
The above-described easement contains 0.05 acres, more or less.
Prepared from information of record.
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Page 3 of 3 ��� S 0`
a 250 S Beechwood Avenue, Suite 201, Boise, ID 83709 p 208-376-7380 % 208-323-9336 vs www.iub,com
Exhibit A2.2
Point of Beginning
Temporary Construction Easement 3
60 �O
WALE IN FEET
Point of Beginning
Temporary Construction Easement 2
Point of Beginning
Sanitary Sevier Easement
Point of Beginning
Temporary Construction Easement 1
E 1/4-
36
/436
31
137,9
N36'35' 15"W
33,52'
N89'57'1 7"E
a
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6235'39"E 516,76,
20,32' 418,$0 Temporary Construction
46,67 817'32'30"E Easement 3
106, 42'
S17'32'30"E
° 110,00'
'la S72'27'30"W
\N•` 20,00'
S72'27'30'W
S,QO 10,00'
417'32'30"E
Sanitary Sevier
Easement
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Construction
Easement 2 79 ty
N34'07'06"E ss3
39,53'
N89'36'48"E 2892'
S89'36'48"W 295.47' PyE lye
S34'07'06" W �^ �`b
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~ T 489'36'48'W 336,11'
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JOR ENGINEERS, INC,
Meridian Black Cat Trunk
City of Meridian
NW 114 of Soolion 31, UN., R.i R.,
City of Merldlan, Ada County, Idaho
SHEET
1 of 1
Temporary Construction Easement Rev,4-4-16