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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 Water Main Easement Version 01/01/2020 Item#18. 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 Water Main Easement Version 01/01/2020 Page 170 Item#18. 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 Water Main Easement Version 01/01/2020 Page 171 Item#18. 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. 1p�' �NIJ a4ca1 459c � of ti��� a •23•�� 9233 West State Street + Boise,Idaho 83714 • 208.639.6939 9 kmengiip.com Page 172 Item#18. N 1/4 CORNER o } SECTION 14 cz a W. Franklin Rd. FOUND ALUMINUM CAP a z BASIS OF BEARING � — -- — — — s89•09'27"E 132s.aa — o — 742.24' I 586.76' m I � W POINT OF COMMENCEMENT E m W 1/16 CORNER I � SECTIONS 11 8c 14 FOUND ALUMINUM CAP � Cu � L o n W Q cu a W wI� m U U L O _ 'i/-�- c yC V) G oI0 x m cn I cv N I � w POINT Of cu N S89'10'47"E���BEGINNING W m Unplatted — i SCS Brighton LLC I 20.00' I U APN:S1214212802 O I I 0 I S00.49'13"W f�35.00' U N00'49'1YE 35.00' + Unplatted SCS Brighton II LLC 3 I APN:S1214121133 I z N89.1O'47V � o rj 20.00' II DATE: Seplcmbar2020 PROJECT: 19-135 x SHEET: 1 OF 1 w Unplatted W.Cobalt Dr, o _m K SCS TM Creek LLC (Proposed) N a W APN:S1214212822 Y 0 5 s m E N G I N E E R I N G S9233 WEST STATE STREET n O BOISE,IDAHO83714 � PHONE(206)639•6939 (; kmengllp.co Page173 Item#18. 20.00 s89°10'47"e u 3 f+1 F a - o CD a o O O C. O n89'10'47"w 20.00 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 Page174