TM Creek Colbalt Water Main Easement No. 2 (2020-138129) ADA COUNTY RECORDER Phil McGrane 2020-138129
BOISE IDAHO Pgs=6 NIKOLA OLSON 10/15/2020 11:55 AM
Project Name(Subdivision): CITY OF MERIDIAN, IDAHO NO FEE
TM Creek Colbalt
Water Main Easement Number: #2
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 13th day of October 20 20 between SCS Brighton II, LLC
C'Grantoe%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
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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: SC Brighton 11, LLC
By:RobV L.P fillips,President of Brighton
Corporation,It's Manager
STATE OF IDAHO )
) ss
County of Ada )
This record was acknowledged before me on a q aD (date) by Robert L. Phillips
(name of individual), [complete the following if signing in a representative capacity, or strike
the following if signing in an individual capacity] on behalf of SCS Brighton II,LLC
(name of entity on behalf of whom record was executed), in the following representative
capacity: Pres.of Brighton Corp., it's Manager (type of authority such as officer or trustee)
(stamp) A--L' OAAA 4 /1 OWL
Notary Signature
SHARI VAUGHAN My Commission Expires: (¢ — ' c-o
Notary Public-State of Idaho
Commission Number 20181002
My Commission Expires Jun 1, 2024
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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 10-13-2020 (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 Signature
My Commission Expires: 3-28-2022
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km
E N G I N E E R I N G
September 23,2020
Project No.19-135
SCS Brighton II,LLC
Legal Description
City of Meridian Water Easement
Exhibit A
A parcel of land situated in a portion of the Northeast 1/4 of the Northwest 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 an aluminum cap marking the Northwest corner of said Northeast 1/4 of the Northwest
1/4 (West 1/16 corner),which bears N89°09'27"W a distance of 1,329.00 feet from an aluminum cap
marking the North 1/4 corner of said Section 14,thence following the northerly line of said Northeast
1/4 of the Northwest 1/4,S89'09'27"E a distance of 742.24 feet;
Thence leaving said northerly line, S00'50'33"W a distance of 1,255.01 feet to the POINT OF
BEGINNING.
Thence S00°49'13"W a distance of 35.00 feet;
Thence N89`10'47"W a distance of 20.00 feet;
Thence N00°49'13"E a distance of 35.00 feet;
Thence S89°10'47"E a distance of 20.00 feet to the POINT OF BEGINNING.
Said parcel contains a total of 700 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.
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Item#18.
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Item#18.
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Title: 200804 City of Meridian Water Easement SCS Brighton II LLC 1 Date: 08-04-2020
Scale: finch=6 feet File:
Tract 1: 0.016 Acres: 700 Sq Feet:Closure=n00.0000e 0.00 Feet: Precision>1/999999: Perimeter=110 Feet
001=s00.4913w 35.00 003=n00.4913e 35.00
002=n89.1047w 20.00 004=s89.1047e 20.00
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