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TM Crossing #4 Water Main Easement No. 1 2020-063466 ADA COUNTY RECORDER Phil McGrane 2020-063466 Proieet Name(Subdivision): BOISE IDAHO Pgs=9 BONNIE OBERBILLIG 05/28/2020 12:42 PM TM Crossing#4 CITY OF MERIDIAN, IDAHO NO FEE Water Main Easement Number: Identify this Easement by sequential number if Project contains more than one Water Main easement. (See Instructions for additional information). 1 i WATER MAIN EASEMENT i i THIS Easement Agreement, made this 26th day of May , 20 20 between SCS Investments LLC, an Idaho limited liability company, DWT Investments LLC, an Idaho limited liability company, and BVASB Ten Mile Phase 2 Building LLC,an Idaho limited liability company (collectively"Grantor"), and the City of Meridian, an Idaho Municipal Corporation("Grantee"); i t I WHEREAS,the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and k WHEREAS, the water main is to be provided for through underground pipelines to be j 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, 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 undertalung 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 of this easement. THE GRANTOR covenants and agrees that Grantor 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 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 Meridian City Council Meeting Agenda May 26,2020— Page 109 of 616 Water Main Easement Version 01/01/2020 Pro*ect Name(Subdivision): TM Crossing#4 Water Main Easement Number: Identify this Easement by sequential number if Project contains more than one Water Main easement. See Instructions for additional information). WATER MAIN EASEMENT THIS Easement Agreement, made this 26th day of May � 20 20 between SCS Investments LLC, an Idaho limited liability company, DWT Investments LLC, an Idaho limited liability company, and BVASB Ten Mile Phase 2 Building LLC,an Idaho limited liability company (collectively "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 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 in violation of this easement. THE GRANTOR covenants and agrees that Grantor 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 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 Meridian City Council Meeting Agenda May 26,2020— Page 109 of 616 Water Main Easement Version 01/01/2020 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. GRANTOR: SCS INVESTMENTS LLC, an Idaho limited liability company By: 14ZJ,4 j 71, 41 ( Michael A. Hall, P'res'ide-nt DWT INVESTMENTS LLC, an Idaho limited liability company By: Brighton Corporation, its Manager By: �/ Robert L. Phillips, President BVASB TEN MILE PHASE 2 BUILDING LLC, an Idaho limited liability company By its Executive Managers BV Management Services, Inc., an Idaho corporation By: Cortney Liddiard, President Brighton Corporation, an Idaho corporation By: Rob`eh-l�'Phillips, President Water Main Easement Meridian City Council Meeting Agenda May 26,2020— Page 110 Y4Mion 0 1/0 1/2020 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 WIIEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: SCS INVESTMENTS LLC, an Idaho limited liability company By: Michael A. Hall, President DVVr INVESTMENTS LLC, an Idaho limited liability company By: Brighton Corporation, its Manager By: Robert L. Phillips, President BVASB TEN MILE PHASE 2 BUILDING LLC, an Idaho limited liability company By its Executive Managers BV Management Services, Inc., an Idaho corporation r By: C-1 Codney Liddiard, PKesident Brighton Corporation, an Idaho corporation By: Robert L. Phillips, President Meridian City Council Meeting Agenda May 26,2020— Page 111 of 616 Water Main Easement Version 01/01/2020 STATE OF IDAHO : ss. County of Ada This record was signed or acknowledged before me on kk 2020, by Robert L. Phillips, President of Brighton Corporation,the Manager of DW;r Investments LLC. =DA MIC C(­U-RIR-Y' COMMISSION#29W8 NOTARY PUBLIC STATE OF IDAHO Not* Public for Idaho L/ MY COMMISSION EXPIRES 04/16ran My Commission expires k5 zo -s [-' - - ---- - - - - -- STATE OF IDAHO ss. County of Ada This record was signed or acknowledged before me on 2020, by Michael A. Hall, President of SCS Investments LLC. EAPRIL ALAINE COMMSSION M3192 NOTARY PUBLIC STATE OF IDAHO Notary P�blic for Idaho -Ivc, W, 11 - - - - My Commission expires Mad ��4& STATE OF IDAHO ss. County of Bonneville This record was signed or acknowledged before me on 2020, by Cortney Liddiard, as President of BV Management Services, Inc., an Executive Manager of BVASB Ten Mile LaSalle Building LLC. Notary Public for Idaho My Commission expires STATE OF IDAHO ss. County of Ada This record was signed or acknowledged before me on 2020, by Robert L. Phillips, as President of Brighton Corporation, an Executive n SB Ten Mile LaSalle Building LLC. AAMAAJNDA MCCURRY COMMISSION#29528 Notary Public for Idaho NOTARY PUBUC My Commission expires /1.51 STATE OF IDAHO MY COMMISSION EXPIRES 041VYP�P�3 , I -4F-W0'V"-G"V-�, -, -.,� , Water Main Easement Version 01/01/2020 Meridian City Council Meeting Agenda May 26,2020- Page 112 of 616 STATE OF IDAHO : ss. County of Ada This record was signed or acknowledged before me on 2020, by Robert L. Phillips, President of Brighton Corporation, the Manager of DW-r Investments LLC. Notary Public for Idaho My Commission expires STATE OF IDAHO ss. County of Ada This record was signed or acknowledged before me on 2020, by Michael A. Hall, President of SCS Investments LLC. Notary Public for Idaho My Commission expires STATE OF IDAHCr ss. County of Bo-mfleville This record was signed or acknowledged before me on L 2020, by Cortney Liddiard, as President of BV Management Services, Inc., an E)�ecutive Manager of BVASB Ten Mile LaSalle Building LLC. NOTARY PUBLIC Luke Stoddard 707303 Commission ExPires July 18.202.1 Notary Public for STATE OF UTAH My Commission expires Iv7-I STATE OF IDAHO : ss. County of Ada This record was signed or acknowledged before me on 2020, by Robert L. Phillips, as President of Brighton Corporation, an Executive Manager of BVASB Ten Mile LaSalle Building LLC. Notary Public for Idaho My Commission expires Water Main Easement Meridian City Council Meeting Agenda May 26,2020— Page 11 V09fon 01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor Attest by Chris Johnson, City Clerk STATE OF IDAHO, ) : ss. County of Ada This record was acknowledged before me on May 26th , 2020 by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) Notary Signature March 28,2022 My Commission Expires: Meridian City Council Meeting Agenda May 26,2020— Page 114 of 616 Water Main Easement Version 01/01/2020 E N G I N E E R I N G April 9,2020 Project No.18-160 City of Meridian Water Easement Legal Description Exhibit A A parcel of land for a City of Meridian Water Easement,situated in a portion of the Northeast 1/4 of the Southwest 1/4 of Section 14,Township 3 North, Range 1 West, B.M.,City of Meridian,Ada County, Idaho, and being more particularly described as follows: Commencing at a found aluminum cap marking the West 1/4 corner of said Section 14,which bears N89*11'30"W a distance of 2,656.47 feet from a found aluminum cap marking the center 1/4 corner of said Section 14,thence following the northerly line of said Southwest 1/4,589'11'30"E a distance of 2,161.16 feet to a found 5/8-inch rebar marking the Northeast corner of TM Crossing Subdivision No. 1 (Book 112 of Plats, pages 16,327-16,330); Thence leaving said northerly line and following the easterly boundary line of said TM Crossing Subdivision No. 1,SOO*48'18"W a distance of 415.06 feet to the POINT OF BEGINNING. Thence leaving said easterly subdivision boundary line,S89'12'12"E a distance of 182.53 feet; Thence NOO*47'48"E a distance of 20.35 feet; Thence S89'12'12"E a distance of 16.00 feet; Thence SOO'47'48"W a distance of 20.35 feet; Thence S89'12'12"E a distance of 176.72 feet; Thence SOO'18'58"W a distance of 20.01 feet; Thence N89*12'12"W a distance of 279.46 feet; Thence SOO*47'48"W a distance of 30.51 feet; Thence N89*12'12"W a distance of 16.00 feet; Thence NOO*47'48"E a distance of 30.51 feet; Thence N89*12'12"W a distance of 79.97 feet to said easterly subdivision boundary line; Thence following said easterly subdivision boundary line, NOO*48'18"E a distance of 20.01 feet to the POINT OF BEGINNING. Said parcel contains a total of 8,324 square feet, more or less,and is subject to all existing easements and/or rights-of-way of record or implied. All subdivisions,deeds,record of surveys,and other instruments of record referenced herein are recorded documents of the county in which these described lands are situated in. Attached hereto is Exhibit B and by this reference is hereby made a part of. OL LAIVO CD\1) 11\cENSe -4 1 662 OF Y K K, 9233 West State Street Boise, Idaho 3714 208.639.6939 I(menglIp.corn Meridian CityCouncil Meeting Agenda May26,2020— Page 115 of 616 3 182.53 176.72 n89'12'12"w s89*12'1 2"c n89'12'12"w s89'12'12"c 79.97 279.46 Title: Date: 04-09-2020 Scale: I inch 80 feet File: Tract 1: 0.191 Acres: 8324 Sq Feet:Closure=s84.5133e 0.01 Feet: Precision=1/96074: Perimeter=892 Feet 001=s89.1212e 182.53 006=sOO.1858w 20.01 01 1=n89.1212w 79.97 002=nOO.4748e 20-35 007=n89.1212w 279.46 012=nOO.4818e 20.01 003=s89.12]2e 16.00 008=sOO.4748w 30.51 004--sOO.4748w 20.35 009=n89.1212w 16.00 005=s89,1212e 176.72 0 1 O=nOO.4748e 30.51 Meridian City Council Meeting Agenda May 26,2020— Page 116 of 616 POINT OF COMMENCEMENT CENTER 1/4 CORNER WEST 1/4 CORNER SECTION 14 SECTION 14 BASIS OF BEARING .................................. ...........................N89-1 1'30"W 2656.47' 42161.16' 495.31 TM Crossing �: Sub. No. 1 00 :-- 0 BVASB Ten Mile Phase 2 Building LLC co 0 01 POINT OF L2 BEGINNING _(�-y ) S89*12'1 2"E 182.53' (0m) S89*12'12"E176.72' L8 S89*12'12"E 279.46' J _J 6­6 L6 TM Crossing Sub. No. 2 N 3,�NL LAND \cENS LINE TABLE 16662 LINE BEARING DISTANCE 0 40 80 160 Ll NO*47'48"E 20.35 0 F L2 S89'1 2'11 2"E 16.00 Y K Plan Scale L3 SO'47'48"W 20.35 LEGEND L4 S0'11 8'58"W 20.01 FOUND ALUMINUM CAP L5 SO*47'48"W 30.51 FOUND 5/8-INCH REBAR z L6 N89*12'11 2"W 16.00 LE 0 CALCULATED POINT lam -PARCEL BOUNDARY LINE L7 NO'47'48"E 30.51 SECTION LINE L8 N89*12'12"W 79.97 -- ------EASEMENT LINE L9 N0*48'11 8"E 20.01 cb ENGINEERS.SURVEYORS.PLANNERS 9233 WEST STATE STREET BOISE,IDAHO 83714 PHONE(208)639-6939 FAX(208)639-61 Exhibit B City of Meridian Water Easement DATE: April,2020 6 PROJECT: 18-160 o Situated in the NE 1/4 of the SW 1/4, Section 14, Township 3 North, SHEET: 1 OF I Range 1 West, Boise Meridian, City of Meridian, Ada County, ID &: - ___j Meridian City Council Meeting Agenda May 26,2020- Page 117 of 616