TMX MOB Sewer Easement - (2020-169218) ADA COUNTY RECORDER Phil McGrane 2020-169218
BOISE IDAHO Pgs=12 NIKOLA OLSON 12/09/2020 08:42 AM
CITY OF MERIDIAN, IDAHO NO FEE
Project Name(Subdivision):
TMX MOB ESMT-2020-0154
Sanitary Sewer Easement No.1
SANITARY SEWER EASEMENT
THIS Easement Agreement, made this 8th day of December, 2020, between BVASB Ten Mile Medical
Office Building LLC,SCS Investments LLC,DWT Investments LLC and The Tomlinson Family Trust
(collectively"Grantor"), and the City of Meridian, an Idaho Municipal Corporation ("Grantee");
WHEREAS, the Grantor desires to provide a sanitary sewer right-of-way across the premises
and property hereinafter particularly bounded and described; and
WHEREAS, the sanitary sewer 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 sanitary sewer
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 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.
Sanitary Sewer Easement REV. 01/01/2020
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
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.
End of Text;Signatures on Following Pages
Sanitary Sewer Easement REV. 01/01/2020
BVASB TEN MILE MEDICAL OFFICE BUILDING LLC,
an Idaho limited liability company
By its Executive Managers
BV Management rvices, Inc'., an Idaho corporation
Cort ey Liddiard, Pre ident
Brighton Corporation,an Idaho corporation
By:
Robert L. Phillips, President
STATE OF
:Ss'
COUNTY OF
On thiswAy of W aCgexn']a✓ ,2020, before me, the undersigned, a notary public in and for
said State, personally appeared known or identified to me to be the President of
5&y e.�TeA6.the Executive Ma ager of BVASB Ten Mile Medical Office Building LLC, and
acknowledged to me that such corporation and limited liability 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.
BRANDILOVE
COMMISSION NO. 37925
NOTARY PUBLIC Notary Public for -Y-Aa- %c
STATE OF IDAHO My commission expires: i-1-la -ae ZCQ�
MY COMMISSION EXPIRES O 12126
STATE OF IDAHO )
:ss.
COUNTY OF
On this`day of 2020, before me, the undersigned, a notary public in and for
said State, personally appeared known or identified to me to be the President of
the Executive Manager of BVASB Ten Mile Medical Office Building LLC, and
acknowledged to me that such corporation and limited liability 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.
Notary Public for
My commission expires:
BVASB TEN MILE MEDICAL OFFICE BUILDING LLC,
an Idaho limited liability company
By its Executive Managers
BV Management Services, Inc., an Idaho corporation
By:
Cortney Liddiard, President
Brighton Corporation, in Idaho corporation
By:
Robert L. Phillips, President
STATE OF l ko )
^ :ss.
COUNTY OF AOLL )
t
On this J�:day of Q0 Qtm er2020 before me,the undersigned, a notary public in and for
said State, _ersonally appeared 1 ober+L. VIA,[ � S known or identified to me to be the President of
C 11taov�L orADr ., the Executive Manager of BVASB Ten Mile Medical Office Building LLC, and
acknowledged to me that such corporation and limited liability 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.
L0-
SHARI VAUGHAN Notary Public for T D
Notary Public-State of Idaho My commission expires: r I- c�
Commission Number 20181002
My Commission Expires Jun 1, 2024
STATE OF IDAHO )
:ss.
COUNTY OF )
On this_day of 2020, before me, the undersigned, a notary public in and for
said State, personally appeared known or identified to me to be the President of
, the Executive Manager of BVASB Ten Mile Medical Office Building LLC, and
acknowledged to me that such corporation and limited liability 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.
Notary Public for
My commission expires:
SCS INVESTMENTS LLC
an Idaho limited liability company
By: 4v'l
Michael A. Hall, President
STATE OF IDAHO )
ss.
County of Ada )
On this ! day of . in the year of 202(}, before me a Notary Public of
said State, personally appeared Michael A. Hall, known or identified to me to be the President of
SCS Investments LLC, 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.
6
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
c3w
No ary Pu lic for Idaho A � ��My Commission expires ,`
DWT INVESTMENTS LLC
an Idaho limited liability company
By: Brighton Corporation, an Idaho corporation, Manager
By:
Robert L. Philli s, President
STATE OF IDAHO )
SS.
County of Ada )
This record was acknowledged before me on IA()Ot ,bar g , 20 acD , by Robert L.
Phillips, as the President of Brighton Corporation, an Idaho corporation, manager of DWT
Investments LLC, an Idaho limited liability company.
V
ENotary
RI VAUGHAN Notary Public for Idah
lic-state of Idaho y Number 20181002 My Commission expiresn Expires Jun 1,2024
THOMAS W. TOMLINSON ADMINISTRATIVE TRUST
UNDER THE TOMLINSON FAMILY TRUST 4/7/1982
By:
Mark W. Lindsay, Co-Trustee
By: ez?
David .Turnbull, Co-Trustee
STATE OF IDAHO )
ss.
County of Ada )
.ten
This record as acknowledged before me on r l,oU-f_wj b g 2020,
by David W. Turnbull, on behalf of the Thomas W. Tomlinson Administrative Trust Under the
Tomlinson Family Trust dated 4/7/1982, in the representative capacity of Co-Trustee.
SHARIVAUGHAN d
Notary Public-State of Idaho
Commission Number 20181002 Notary Public for Idaho My Commission Expires Jun 1, 2024 My Commission expires C r
J2-
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy or validity of that document.
STATE OF CALIFORNIA )
ss.
County of San Diego )
On , before me,
(Insert name and title of the officer)
personally appeared Mark W. Lindsay, who proved to me on the basis of satisfactory evidence to
be the person whose name is subscribed to the within instrument and acknowledged to me that
he executed the same in his capacity of Co-Trustee, and that by his signature on the instrument,
the trust upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
THOMAS W. TOMLINSON ADMINISTRATIVE TRUST
UNDER THE TOMLINSON FAMILY TRUST 4/7/1982
By:
Mark W. Lindsay, Co ustee
By:
David W. Turnbull, Co-Trustee
TATE OF IDAHO )
: ss.
County da )
This recor acknowledged before me on �'f 2020,
by David W. Turnbull, behalf of the Thomas W. Tomlinson inistrative Trust Under the
Tomlinson Family Trust dat 4/7/1982, in the represent ' capacity of Co-Trustee.
No ublic for Idaho
My Comm n expires
�d
A nota public or other officer completing this certificate verifies only
i ity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracv or validitv of that document.
STATE OF CALIFORNIA )
: ss.
County of San Diego ) C
On \1� ((Y x r 161,702 — before me,
(Insert name and title of the officer)
personally appeared Mark W. Lindsay, who proved to me on the basis of satisfactory evidence to
be the person whose name is subscribed to the within instrument and acknowledged to me that
he executed the same in his capacity of Co-Trustee, and that by his signature on the instrument,
the trust upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
r
ILEANA SORANIDIS
(.(Lt✓f
Signature a .�:..
1. (seal) Commission No,2279717
C
NOTARY PUBLIC-CALIFORNIA v SA.N DIEGO COUNTY
-`�=�. •; Commis*n E*2:rec kd,;reh 4.2023 CS
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 12-8-2020 (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 Public for Idaho
My Commission Expires: 3-28-2022
Water Main Easement Version 01/01/2020
2775 W.Navigator Drive,Suite 210 Idaho Office
Meridian,Idaho 83642 H O RR O C K S Tel: 208.895.2520
www.horrocks.com
E N G I N E E R S
Date:November 3,2020
Project: ID-143 3-1810
Page: 1 of 2
EXHIBIT "A"
TMX MOB SEWER EASEMENT
This Easement is in a portion of Parcels A, D, E, and G of Record of Survey No. 11,866,
Instrument#2019-049209,records of Ada county, and is located in the S.W. '/4 of Section 14,
Township 3 North,Range 1 West of the Boise Meridian, City of Meridian,Ada County, Idaho,
more particularly described as follows:
CONEMENCING at a 5/8"rebar with plastic cap stamped PLS # 8960 marking the southeast
corner of Parcel D of said Record of Survey No. 11,866;thence along the east boundary of said
Parcel D,
1) N.00°50'32"E.,24.26 feet to the POINT OF BEGINNING; thence leaving said east
boundary,
2) N.89°11'04"W., 17.14 feet;thence,
3) S.47°57'28"W., 65.30 feet;thence,
4) N.89°11'04"W., 359.58 feet; thence,
5) S.55°51'55"W., 47.11 feet;thence,
6) N.34°08'05"W., 20.00 feet;thence,
7) N.55°51'55"E., 53.68 feet; thence,
8) S.89°11'04"E.,224.18 feet to the southwest corner of Parcel D of said Record of Survey
No. # 11,866;thence along the south boundary of said Parcel D,
9) S.89°11'04"E., 133.80 feet; thence leaving said south boundary,
10)N.47°57'28"E., 65.08 feet;thence,
HAD 1433-1810 TM Crossing MOB Hospital/Project data/04 Survey/Legal Descriptions/Parcel D 052019
Date:November 3,2020
Project: ID-143 3-1810
Page: 2 of 2
11)S.890 11'04"E., 24.93 feet to a point on the east boundary of Parcel D of said Record of
Survey No. 11,866 and a point of curvature; thence along the east boundary of said Parcel
D and a non-tangent curve to the right,
12)Having an arc length of 10.00 feet, a radius of 731.00 feet,through a central angle of
00°47'01"and a long chord which bears S.00° 27'00"W., 10.00 feet; thence continuing
along said east boundary,
13)S.00050132"W.9 10.00 feet to the POINT OF BEGINNING.
HAD 1433-1810 TM Crossing MOB Hospital/Project data/04 Survey/Legal Descriptions/Parcel D 052019
r
a O
0,
Z. c U)
� N O o
` OrOII II �O N
K 4 U CO Q O
CL IL s�
_ z.-
w/
cfl W pp
o00 I I w =
U I C/i z
O o w
AIM I W
ui
z I 00
Q
w W o
wo I x
I
SIP
� IZ
I
w I I O��oybp
W SIN I �11 co @
Q rn \J �j0 yt 0 3 w
J i t W `�yhaa z s=
ao I I a °
� � z
C I I < Z
w
I a w
� zz �
� w
0 LLI
z z
z o
m
1 0
s o
w0 a a U
U 0]
Oa a
w d
� o
in ri _ o
� a
z =z
g�
0z
w