FMI at Ten Mile Crossing Water Main Easement No. 1 (2021-020706) ADA COUNTY RECORDER Phil McGrane 2021-020706
Proiect Name(Subdivision): BOISE IDAHO Pgs=8 BONNIE OBERBILLIG 02/08/2021 10:12 AM
FMI at Ten Mile Crossing CITY OF MERIDIAN, IDAHO NO FEE
Water Main Easement Number: 1
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 January 20 21 between BVASB Ten Mile
Central Commercial No. 1,LLC, DWT Investments LLC,and SCS Investments LLC,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
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.
[END OF TEXT; SIGNATURES TO FOLLOW]
Water Main Easement Version 01/01/2020 page50
Item#3.
GRANTOR:
BVASB Ten Mile Central Commercial No. 1, LLC,
an Idaho limited liability company
by its Executive Managers
BV Management Services, Inc.,
an Idaho corporation
By;
Co ney Liddia President
STATE OF IDAHO )
)ss.
County ofeNA J
On this J day of t,4"A,
�D, 2020, before me, the undersigned, a Notary
Public in and for said State, personally appeared Cortney Liddiard, known or identified to me
to be the President of BV Management Services, Inc., the corporation that is an Executive
Manager of BVASB Ten Mile Central Commercial No. 1, LLC, the limited liability company
that executed the witnin instrument or the person who executed the instrument on behalf of
said limited liability company, and acknowledged to me that such limited liablity 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.
BRANDI LOVE Notary Public for Idaho
COMMISSION NO. 37925
NOTARY PUBLIC Residing at
STATE OF IDAHO My commission expires k of_
[MY COMMISSION EXPIRES 04112n
Water Main Easement Version 01/01/2020 Page 51
s
Item#3.
1
i
BVASB Ten Mile Central Commercial No. 1, LLC,
an Idaho limited liability company
by its Executive Managers
i
Brighton Co
ration, an Idaho corporation
i
By:
Robert Phillips, President
STATE OF IDAHO )
County of
a
-hr
On this �� day of �J� ky- , 2020, before me, the undersigned, a Notary
Public in and for said State, personally appeared Robert L. Phillips, known or identified to
g me to be the President of Brighton Corporation, the corporation that is an Executive
Manager, of BVASB Ten Mile Central Commercial No. 1, LLC, the limited liability
company that executed the ivitnin instrument or the person who executed the instrument on
behalf of said limited liability company, and acknowledged to me that such limited liablity
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.
FNOTARY
MCCURRY
COMMISSION 9528 Not Public for`Idaho
PUt R 1 Y€� ICrAt€(PIRES 04116/2023
My commission expires 5 .
Water Main Easement Version 01/01/2020 Page5z
Item#3.
DWT INVESTMENTS LLC
an Idaho limited liability company
By: Brighton Corporation, an Idaho corporation, Manager
By:
Robert L. Phillips, President
STATE OF IDAHO )
: Ss.
County of Ada )
This record was acknowledged before me on 2020, by Robert L.
Phillips, as the President of Brighton Corporation, an Idaho corporation, manager of DWT
Investments LLC, an Idaho limited liability company.
4#NDA MCCURRY
COMMISSION r2959 -WYK
NOTAF?Y PUBLIC, No ary Public for W ho
STATE OF IDAHO My Commission expires
MY COMMISSION EXPIHEC,W15 M t
SCS INVESTMENTS LLC
an Idaho limited liability company
By: a,/
_AQ _
is a(il A. Hall Presid nt
STATE OF IDAHO )
) ss.
County of Ada )
This record was acknowledged before me on N 10 2020, by Michael A. Hall
as the President of SCS Investments LLC, an Idaho limited liability company.
AMANDAM CGURRY
COMMISSION lotaV�yPublic for lq5kW
NOTARN, UBLIC, My Commission Expires:
STATE Om Ii3�HO
a PIRES 04a'Mj,"
MY COMMISSION EX �
Water Main Easement Version 01/01/2020 page 53
Item#3.
GRANTEE: CITY OF MERIDIAN
Robert E. Simis yor 1-26-2021
r
AN
Att y Chris JA�son, C�` , er1 . LL -26-2021
STATE OF IDAHO, )
. ss.
County of Ada )
This record was acknowledged before me on 1-26-2021 (date) 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
CHARLENE WAY My Commission Expires: 3-28-2022
COMMISSION#t 67390
NOTARY PUBLIC
STATE OF IDAHO
MY COMMISSION EXPIRES 3128122
Water Main Easement Version 01/01/2020 Page 54
Item#3.
2775 W.Navagator Drive,Suite 210 Idaho Office
Meridian,Idaho 83642 H O RRO C K Tel: 208.895.2520
www.horrocks.ocks.com
11111
E N G I N E E R S
Date: October 21,2020
Project: ID-1865-1908
Page: I of 1
EXHIBIT A
FMI DOMESTIC WATER EASEMENT
This easement is in a portion of Parcel A and Parcel C of Record of Survey No. 12109,
instrument No. 2019-121734, records of Ada county and is situated in a portion of the S.W. '/ of
Section 14,Township 3 North, Range I West of the Boise Meridian,City of Meridian, Ada
County,Idaho,more particularly described as follows:
COMMENCING at the southwest corner of Parcel C of said Record of Survey No. 12109;
thence along the west boundary of said Parcel C,
1) N.00°4826"E., 53.29 feet to the POINT OF BEGINNING; thence continuing along said
west boundary,
2) N.00°48'26"E.,44.46 feet; thence leaving said west boundary,
3) N.89°113411W., 20.93 feet; thence,
L
4) N.00°48'26"E., 20.00 feet; thence, ENSEQ
5) S.89°11'34"E., 39.98 feet; thence, W
196 0
6) S.00°48'26"W., 36.35 feet; thence, 10-21-20�0
7) S.89°11'34"E., 24.72 feet; thence, 'ftaN WR
8) S.00048'26"W., 28.11 feet; thence,
9) N.89°11'34"W., 43.76 feet to the POINT OF BEGINNING.
H:/1D-1865-1908 BVA-FMI/Project data/Survey/Legal Descriptions/Parcel A FM1 082019
Page 55
Item#3.
EXHIBIT B
DOMESTIC WATER EASEMENT
FMI AT TM CROSSING
W.EXCURSION LN. (PRIVATE)
— — L
__589�1�4� __.,/.� 1 9 6 0 '°
w� 39.98 'T 10-21-20. ,0
N b qrF OFCO
It 6
Z _20.93'_ c��
�89°11'34"W co0
S89.11'34"E
PARCEL A w I _.,,,,.,�,,. -./_\
' R.O.S. #12109 io co 24.72' iT'
INST#2019-121734 co I l
Eg+
3 z l r N
5
C N
r
� 1�
io __43.76' _
w —'
--
N89.11'34"W
w
W
wl
00 N
� to PARCEL C
3 z R.0.S. #12109
.5 INST#2019-121734
2
P.O.C.
NOT TO SCALE Q
PARCEL A
® FOUND 5/8 REBAR & PLASTIC CAP R.O.S. #12109 PARCEL B
12109
P.O.C. POINT OF COMMENCEMENT R.O.S. 9-121
� INST#2019-121734 INST#2019-121734
a P.O.B. POINT OF BEGINNING
R CALCULATED POINT
DRAWING INFO
ATE 10/21/20 7 xv
EXHIBIT B SCALE N.T.S.
2775 Navigator Dr.,Suito 210 K REV 0 DATE
Meridian,10 8W2
SECTION 14 T3N R1 W S E T OR LtSTtNG
{208�p96- � � PROD.NO:
fu'°ogs4`ss'.= ehe�` Page 56