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Ten Mile Creek Apartments Subdivision Sewer and Water Main EasementADA COUNTY RECORDER Christopher D. Rich 2018-064351 BOISE IDAHO Pgs=16 LISA BATT 07/11/2018 12:45 PM CITY OF MERIDIAN, IDAHO NO FEE 9�� 1291 01� :�111 l 11 i 111! 1111 iii 111111 111111 � � 11 i 11111�1 3U lJ THIS INDENTURE, made this Zday of MarbiT, 2018, between Brighton TM Apts LLC, an Idaho limited liability company, SCS TM Apt LLC, an Idaho limited liability company, SCSH TM Apt LLC, an Idaho limited liability company, MAK LLC, an Idaho limited liability company, Copeland Partners LLC, an Idaho limited liability company, and Blake R. Alder, a married man, as tenants in common, the parties of the first part, and hereinafter collectively 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 desire to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water 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 Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and 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 sanitary sewer and 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 it's 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 Sanitary Sewer and Water Main Easement REV. 08/15/16 -Ten tA'Ap efleev- ap�5 in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree 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 of no further effect and shall be completely relinquished. 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 defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. Sanitary Sewer and Water Main Easement REV. 08/15/16 Meridian City Council Meeting Agenda July 10, 2018 — Page 221 of 522 GRANTOR: BRIGHTON TM APTS LLC, an Idaho limited liability company First American Exchange Company, LLC, a Delaware Limited Liability Company, its sole member B y: Name: Mark A. Bullock, Esq. Title: Counsel and Manager STATE OF ss. county of S A LT LA.0 On this h day of MAKCh in the year of 2018, before me a Notary Public of said State, personally appeared Mark A. Bullock, known or identified to me to be the Manager of First American Exchange Company, LLC, a Delaware limited liability company, Qualified Intermediary for Brighton TM Apts, LLC, an Idaho limited liability company, the company that executed the instrument or the person who executed the instrument on behalf of said company, and acknowledged to mei that such company executed the same. First American Exchange Company, LLC, a Delaware Limited Liability Company, its sole member By: Name: Mark A. Bullock, Esq. Title: Counsel and Manager STATE OF V -C A, + ) : Ss. County of SA On this day of M in the year of 2018, before me a Notary Public of said State, personally appeared Mark A. Bullock, known or identified to me to Meridian City Council Meeting Agenda July 10, 2018 — Page 223 of 522 be the Manager of First American Exchange Company, LLC, a Delaware limited liability company, Qualified Intermediary for SCS TM Apt, LLC, an Idaho limited liability company, 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 this certificate first above written. SCSH TM APT LLC, an Idaho limited liability company First American Exchange Company, LLC, a Delaware Limited Liability Company, its sole member By: �k Name: Mark A. Bullock, Esq. Title: Counsel and Manager STATE OF if) : SS. County ofsA L11A On this Cj� tvli day of M 0 (L h , in the year of 2018, before me a Notary Public of said State, personally appeared Mark A. Bullock, known or identified to me to be the Manager of First American Exchange Company, LLC, a Delaware limited liability company, Qualified Intermediary for SCSH TM Apt, LLC, an Idaho limited liability company, 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 this certificate first above written. 04%. "am "M ow am a" a" two Wft Of PRICE ".1*� ASHLEIGH Notary Public for 1&4 UTA I Y'll" + '4' Commission #804747 my Commission expires r -Y b,i� My Comm[$4on ExphU Ads 26,2021 M" WM mm W= W= MW mm Meridian City Council Meeting Agenda July 10;,2018 — Page 224 of 522 MAK LM, on Idaho limited liability, company, STATE OF IDAHO, ) COUNTY 1,17ADA year Ojathig�' day of in the at of 20,18., before the 4 � Notary Public of said State, personally appeared, (ll I HeW 'known or -identified to me to be the of MAX LLC, an Idaho limited liability, company, and acknowledged , to me he executed the within nout on behA f of said company, and that;, such companyexecuted the same inisaid lcompany's . name, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seat the day andyear in this certificate first above writteon, HILLARY Not O ATE PYPER y Public State of Idaho My commission Meridian City Council Meeting Agenda July 10, 2018 — Page 225 of 522 Copeland' Partners, LLC, art Idaho, limited liability company By: N I ame: _�o6\ , GeLveluix Its: mknLp ,STATE. OF IDA140 COUNTY OF I ADA the of 20t$, b Oil, this day -of in mea. Notary Public of said State, personally appeared 4AjVk1!e,4, �X_A —, known, or identified to: me, to be the of 'Copeland Partners LLC, an Idaho limited, liability company, and acknowledged to me that he executed the within, instrument on behalf of Said company; and that such company executed the same in said company's name. IN WITNESS'WHEREOF, 1, have hereunto set my hand and affixed ray official seat the day and year in this certificate first above written. AMANDA MCCURRY NOTARY PUBLIC ------ - - - - STATE OF IDAHO Not _Ptiblic, for Idaho_ My commission expires 71 A. Wake R. Alder, ati Individual STATE OF IDAHO )ss, County of Ada On this, day, of � V - , in the year of2018, beforeme4 Notary Public of said State, personally, appeared Blake R. Alderperso ally , knQ a w to- me to be 0 the Person whose name is subscribed to the, within instrument, and acknowledged to 100hat he executed the same. A AMANDA MCCURRY NOTARY PUBLIC STATE OF IDAHO t [ji Meridian City Council Meeting Agenda July 10, 2018 — Page 226 of 522 GRANTEE: CITY OF MERIDIAN Approved 'By City Council On: 7/ /0 / Dol le STATE OF IDA110, ) : ss. County of Ada On this day of 20A before ine, the undersigned,, a Notary Public in and for said State, personally Appeared Tammy de Weera and C.Jay Coles, known to the to be. the Mayor and City Clerk, respectively, of the City- of Meridian, Idaho, and who, exomf6d4lie within ihstrunititf, and Ackn6wiedged.tij, hie that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set: my hatid afid-affixod my official. seal'fhd day -And year first above written. NOTARY PUBLIC F ID HO Residing at: &tdJA'V01 44�0-6� CornniissfonExpires; ganitary 96Wdr and Water Main Basement REV. 08/15/16 I en 04* km, 9233 WEST STATE STREET I BOISE, ID 83714 1 208.639.,6939 1 FAX 208,639.6930 February 28, 2018 Teti Mile Creek Apartments Project No. 16-189 Legal Description City of Meridian, Sewer and Water Easement EXHIBIT A parcel of land for a City of Merldialn Sewer and Water Easement situated in a portion of the Northwest 1/4 of the Northwest 1/4 of Section 14, Township 3 North, Range I West, Boise Meridian, City of ss Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at a found brass cap monument marking the Northwest corner of said Section 14, which bears N89'09'27"W a distance of 2,657.99 feet from a found aluminum cap monument marking the North 1/4 corner of said Section 14, thence following,the northerly'line of said Northwest 1/4 of the Northwest 1/4, S89*09'27"E a distance of 588.86 feet; Thence leaving said northerly line, SOO'50'33"W a distance of 1,119.52 feet to POINT OF BEGINNING 1. Thence S14"54'32"W a distance of 24.89 feet; Thence N75'05'28"W a distance of 59.01 feet; Thence 559'54'32"W a distance of 46,95 feet; Thence S14*54'32"W a distance of 6.86 feet to the proposed northerly right-of-way of W. Cobalt Drive and being hereinafter referred to as "POINT A"; Thence following said proposed northerly right-of-way line, N75*05'28"W a distance of 20.00 feet; Thence leaving said proposed northerly right-of-way line, N1405432"E a distance of 15.14 feet; Thence N59'54'32"E a distance of 63.52 feet; Thence 575*05"28"E a distance of 36.30 feet; Thence N14'54'32"E a distance of 4.89 feet; Thence 575'05'28:"E a distance of 31.00 feet to POINT Of BEGINNING 1. Said parcel contains 2,739 square feet (0.063 Acres), more or less. TOGETHER WITH: Commencing at a point previously referred to as "POINT A", thence following said proposed northerly right-of-way line, 575*05'28"E a distance of 297.74 feet to POINT OF BEGINNING 2. Thence leaving said proposed northerly right-of-way line, N14'5432'E a distance of 27.10 feet; Thence N26'09'32"E a distance of 20.21 feet; Thence N14*5432*E a distance of 22.65 feet; Thence S75'05'28"E a distance of 20.00 feet; Thence S14'54'32"W a, distance of, 24.62 feet; Thence S26*09'32"W a distance of 20.21 feet; Thence S14*5432"W a distance of 25.13 feet to said proposed northerly right-of-way line and being hereinafter referred to as "POINT B"; Thence following said proposed northerly right-of-way line, N75*05'28"W a distance of 20.00 feet to POINT OF BEGINNING Z. ENGINEERS I SURVEYORS I PLANNERS Meridian City Council Meeting Agenda July 10, 2018 — Page 227 of 522 Said parcel contains 1,399 square feet (0.032 Acres), more or less. TOGETHER WITH: Commencing at a point previously referred to as "POINT W, thence following said proposed northerly right-of-way fine, 575005'28"E a distance of 101.54 feet; Thence 10.44 feet along the arc of a circular curve to the left, said curve having a radius of 962.00 feet, a delta angle cif 00037'18", a chord bearing of 575024'06"E and a chord distance of 10A4 feet to POINT Of BEGINNING 3. Thence leaving said proposed northerly right-of-way line, N14*54'32"E a distance of 54.52 feet; Thence S87*04'06"E a distance of 91.01 feet; Thence N,02*55'54"E a distance of 10.50 feet; Thence S87004'06"E a distance of 47.53 feet to a point hereinafter referred to as "POINT C"; Thence S02"55'54"W a distance of 30.50 feet; Thence N87*04'06"*W a distance of 1.3.2.11 feet, Vence S14"54"32"W a distance of 39.64 feet to said proposed northerly right-of-way line; Thence following said proposed northerly right-of-way line, 30.01 feet along the arc of a circular curve to the right, said curve having a radius of 962.00 feet, a delta angle of 01047'15w, a chord bearing of N76*3673"W and a chord distance of 30.01 feet to POINT OF BEGINNING 3. Said parcel contains 4,421 square feet (0.102 Acres), more or less. TOGETHER WITH: Commencing at a point previously referred to as "POINT C", thence,N2929'2VE a distance of 316.46 feet to the proposed westerly right-of-way line of S. Franklin Crossing Avenue and being POINT OF BEGINNING 4. Thence leaving said proposed westerly right-of-way line, N89*26'19"W a distance of 36.40 feet; Thence NOO`00'00"E a distance of 24.94 feet; Thence N90'00'00"E a distance of 20.00 feet; Thence SO0000'00"E a distance of 5.13 feet; Thence S89*26'19"E a distance of 16.60 feet to said proposed westerly right-of-way line; Thence following said proposed westerly right-of-way line, 500*3341"W a distance of 20.00 feet to POINT OF BEGINNING, 4. Said parcel contains 81 square feet 10,019 Acres), more or less. Said description contains a total of 9,390 square feet (0.216 Acres), more or less, and is subject to all existing easements and/or rights-of-way of record or implied. PAGE 12 Meridian City Council Meeting Agenda July 10, 2018 — Page 228 of 522 Attached hereto is EXHIBIT$ and by this reference Is made a part, hereof. PAGE 13 Meridian City Council Meeting Agenda July 10, 2018 — Page 229 of 522 P.'\16-189\CAD\SU8VEY\EXHlBtT5k16-189 WATER EASEMENT.DWG, ALEX GREEN, 2/28/2019, KYOCERA TASKALFA 45SOCI KXYC3, ---- I-4 17A PRO -,N. Ten Mile Rd. Al 1-4 z -U 0 ;V 0 4, 46 Co z -n U1 to CU M 57 X0 co 0 PO to (n g: C CO U), MK 01 -n 0 rn 0, -j z old 9— M = Z rn -n W 0 C) W —M W SOG' ME CO;33"W 1 19.52' (TIE) 4- 7 UD -Q M ) 0-5- toz --i to N Z z z0 zG) 2 F4 0 Z! M 0 7v*- t 2 , r- 0 — I 1 0 !2r - z z M Z -4 2 a i; -i I -N 0 --1 1 ci :3 :F1 L4 I 0 I I E 0 n 00 > 0 pWC M-0 "1 6' ;U M (D :0 0 0 0 a0 0 0 0 V) W M W z 0 1:3 > 00 M �! E _i v -fit p IF, F. L:� R, 0 0 M z < rD Co 0 M C L 0 C Z 3: M C rn z Q Q1 > > z M r- 9. E 0 0 ZO M Z— z 0 L28 to ir S. Franklin Crossing Ave, (Proposed) V� !0 AExhibit B M YX M HCity of Meridian Sewer and Water Easement - Ten Mile Apartments �z �E !! IR 0 A PORTION OF THE NORTHWEST 1/4 Of THE NORTHWEST 1/4 OF SECTION 14, 3:, T TOWNSHIP 3 NORTH, RANGE I WEST, BOISE MERIDIAN, CITY Of MERIDIAN, ADA COUNTY, IDAHO. Meridian City Council Meeting Agenda July 10, 2018 — Page 230 of 522 P:\16.189\CAD\SUAVEY\EXNI81T$�16-189 WATER EASEMENT.DWG, ALEX GREEN, 2/28/2018, KYOCERA TASKAL. A 45SOCI KX.PC3 --- �'. W �^ o � co PROF tY i4� l�I. YV Iv 1v✓ F {1� o J to l Da l• .� G. "' yam�... ca rn o �'' �' o o � .ry. rnA c� ca -r* ., c� S o Ci Q 4fI � z ,-- � tJ IV. N� z q C� © i*1 � � � M z IV Cil to W z C] � o i+7 vs l7 rfl � � h7 z r+1 � tS1: h2 (�:'�rsi r-». 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"' yam�... ca rn o �'' �' o o � .ry. rnA c� ca -r* ., c� ���.y w o r3 ,cn c.' � z ,-- � tJ IV. N� z q C� © i*1 � � � M z IV Cil to W z C] � o i+7 vs l7 rfl � � h7 z r+1 � tS1: h2 (�:'�rsi r-». f{%ii"'. � "'� +� .. V J.. � +V L.. z z V/ L� 4/F z � YI � � Yl CI W M. -P, (D u; -I; to t0 a; -P; rrt � �a `% C1I -p to �• u+ -P'; .p .a cn .r;ft� -A 1(.)r �cna, PJ r.� t36 N N tV 00 tv t70 N !V on ns r� � N rn �'. W �^ o � co � 00 tY i4� l�I. YV Iv 1v✓ F {1� o J to l Da l• .� G. "' yam�... ca rn o �'' �' o o � .ry. rnA c� ca -r* ., c� ���.y w o r3 ,cn c.' � z ,-- � � cn Iv � U7 rT1rq � � � z q C� © i*1 � � � M z IV Cil to ' rn ` C11 � N z C] � o 0 � '� � vs l7 rfl � � cn vi z r+1 to {'TI z, cn a Co Meridian City Council Meeting Agenda July 10, 2018 — Pale 231 of 522