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Paramount Point Sanitary Sewer Easement No. 1 (2021-038125) I i i ADA COUNTY RECORDER Phil McGrane 2021-038135 BOISE IDAHO Pgs=11 KRISTINA LOWRY 03/10/2021 08:44 AM j Proiect Name(Subdivision):, CITY OF MERIDIAN, IDAHO NO FEE PARAMOUNT POINT Sanitary Sewer Easement Number:, Identify this Easement by sequential number if Project contains more than one sanitary sewer easement, (See Instructions for additional information), i 1 SANITARY SEWER EASEMENT THIS Easement Agreement, made this 9th day of-March , 2021, between DWT Investments LLC, j The Thomas W. Tomlinson Administrative Trust under the Tomlinson Family Trust dated 4/7/1982,BVA UC RE Paramount LLC,and First Federal Savings Bank of Twin Falls(collectively"Grantor"), and the City of Meridian, an Idaho Municipal Corporation("Grantee"); { r 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 j 1 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) j 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. 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 Sanitary Sewer Easement REV.01/01/2020 3 3 j i i i 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. i 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. i 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, s GRANTOR: DWT Investments LLC,an Idaho limited liability company By: Brighton Corpor/jttiion,/an Idaho corporation,Manager By: Robert L.Phillips,President The Thomas W,Tomlinson Administrative Trust Under the Tomlinson Family Trust dated April 7,1982 By: Mapk W.Lind &y,-E-,o--Trustee By: avid W: urnbull,Co-Trustee BVA UC RE Paramount LLC,an Idaho limited liability company By: BV Management Services,Inc„Its Executive Manager By: First Federal Savings Bank of Twin Falls,a(n) By: Name: Title: i i Sanitary Sewer Easement REV. O1/01/2020 1 i 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. I 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. a GRANTOR: DWT Investments LLC,an Idaho limited liability company By: Brighton Corporation,an Idaho corporation,Manager r By: Robert L.Phillips,President The Thomas W.Tomlinson Administrative Trust Under the Tomlinson Family Trust dated April 7,1982 By: Mark W.Lindsay,Co- rustee By: David W.Turnbull,Co-Trustee s BVA UC RE Paramount LLC,an Idaho limited liability company By: BV Management Services,Inc.,Its Executive Manager By: First Federal Savings Bank of Twin Palls,a(n) By: Name: Title: j j I I Sanitary Sewer Easement REV. 01/01/2020 i i 1 i public street,then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a pail 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 i 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 pail have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: DWT Investments LLC,an Idaho limited liability company By: Brighton Corporation,an Idaho corporation,Manager By: Robert L.Phillips,President The Thomas W.Tomlinson Administrative Trust Under the Tomlinson Family Trust dated April 7,1982 By: Mark W.Lindsay,Co-Trustee By: David W.Turnbull,Co-Trustee BVA UC RE Paramount LLC,an Idaho limited liability company By: BV Manag ment Services,Inc.,Its Executive Manager By: Thel W asper,Vice President First Federal Savings Bank of Twin Falls,a(n) i By: Name: Title: Sanitary Sewer Easement REV.01/01/2020 i i i 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 j lawful right to convey said easement, and that (Imtor will warrant and forever defend the title and quiet possession thereof against the lawfW claims of all persons whomsoever. 3 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. i GRANTOR: DWT Investments LLC,an Idaho limited liability company j By: Brighton Corporation,an Idaho corporation,Manager By: Robert L.Phillips,President The Thomas W.Tomlinson Administrative Trust Under the Tomlinson Family Trust dated April 7, 1982 By: Mark W.Lindsay,Co-Trustee By: David W.Turnbull,Co-Trustee BVA UC RE Paramount LLC,an Idaho limited liability company By: BV Management Services,Inc.,Its Executive Manager By: First Federal Savings Bank of Twin Falls,a(n)-- `y By. &,)Qg�a N Title, Sanitary Sewer Easement REV. 01/01/2020 P 3j5 3 S • 3 i 3 i i I State of Idaho ) > ss. County of Ada ) 3 a This instrument was signed or acknowledged before me on February��2021,by Robert L. Phillips, as President of Brighton Corporation, the Manager of DWT Investments LLC, an Idaho limited liability company. 044,4i-L My commission i State of Idaho SHARI VAUGHAN Notary Public-State of Idaho SS' Commission Number 20181002 County of Ada My Commission Expires Jun 1,2024 1 This instrument was signed or acknowledged before me on February, 2021, by David W, Turnbull, as Co-Trustee of the Thomas W. Tomlinson Administrative Trust Under the Tomlinson Family Trust, an irrevocable California Trust. i1 My commission exp r - 0 a =State N State of Idaho ) N of Idahoss. Co0181002County of BonnevilleMy Cun 1,2024 This instrument was signed or acknowledged before me on February_ lam( , 2021, by Thel W, Casper, as Vice President of BV Management Services, Inc., the Executive Manager of BVA UC RE Paramount LLC, an Idaho limited liab'li company. BRANDILOVE L OMMISSION NO. 37925 t r� rr�ek�v "�_dvls NOTARY PUBLIC My commission expires . - t -4,3 (r STATE OF IDAt�0 OMMMSION EXPIRES 04112126 State of Idaho ) ) ss, County of Twin Falls ) This instrument was signed or acknowledged before me on February 2021, by as lulu( of First Federal Savings of Twin Falls, a(n) (tlete of oryenlze0on( hype of tnllly(. My commission expires i i SanitarySewer Easement REV. 01/01/2020 i i 1 State of Idaho ) )ss. County of Ada ) i i This instrument was signed or acknowledged before me on February .2021,by Robert L.Phillips, as President of Brighton Corporation,the Manager of DWT Investments LLC,an Idaho limited liability company. I My commission expires State of Idaho ) SS. County of Ada ) j This instrument was signed or acknowledged before me on February . 2021, by David W. Turnbull, as Co-Trustee of the Thomas W. Tomlinson Administrative Trust Under the Tomlinson Family Trust, an Irrevocable California Trust. 1 i My commission expires j State of Idaho ) )ss. County of Bonneville ) This Instrument was signed or acknowledged before me on February 2021, by Cortney Liddiard, as President of BV Management Services, Inc., the Executive Manager of BVA UC RE Paramount LLC, an Idaho limited liability company. My commission expires i State of Idaho } }ss. County of Twin Falls } This instrument was signed or acknowledged before me on February IQ 2021, by ,Mums)as ' tm.a of First Federal Savings of Twin Falk, a(n) , a•Krl. ommission expires JONATHAN SCHREURS NOTARY PUSUC STATE OF IDAHO Comm.No.SMI i Sanitary Sewer Easement REV. 01/01/2020 i i 3 1 3 1 1 I ACKNOWLEDGMENT I i i A notary public or other officer completing this I 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 County of r fit ) On '-ckr oor r �Jx ,a,,a-a k before me, T\r'fk\ S-r-n" k'S (insert name and title oft the officer personally appeared Mark W. Lindsay, Co-Trustee who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)Is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)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, ILEANA SORANIDIS WITNESS my hand and official seal. - Commission No.2279717 NOTARY PUBLIC-CALIFORNIA SAN OIEGO COUNTY Commission Expires Larch d,2023 Signature J (Seal) i i Sanitary Sewer Easement REV. 01/01/2020 i f 1 J 3 i a f i I 1 GRANTEE: CITY OF MERIDIAN j Robert E. Simis"ayor 3-9-2021 o 11 ILiIAN 9 SpAL Attest by Chris ,dhnson, '` 3-9-2021 v 1 3 I g STATE OF IDAHO, ) ss. County of Ada ) This record was acknowledged before me on 3-9-2021 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. 0-q- CHARLENE WAY M Notary Signature 3-28-2022 COMMISSION s7as© My Commission Expires: NOTARY PUBLIC STATE OF IDAHO mµNNm„ MY COMMISSION EXPIRES 3128122 r i Water Main Easement Version 01/01/2020 a A 2775 W.Navigator Drive,Suite 210 Idaho Office Meridian,Idaho 83942 Tel., 208.895.2502 www.horrocks.com H O RRO C K S Fax:208.493.7591 II�II E N G I N E E R S i Date:January 18, 2021 Project: ID-2166-2001 Page: 1 of 1 EXHIBIT "A" PARAMOUNT POINT SUBDIVISION SANITARY SEWER EASEMENT This easement is situated in the N.W. %4 of the N.E. 1/4 of Section 25,Township 4 North,Range 1 West of the Boise Meridian, City of Meridian,Ada County, Idaho,more particularly described as follows: COMMENCING at the northwest corner of said N.W. %4 of the N.E. 1/4,from which the northeast corner of the N.E. 1/4 of said Section 25 bears S.89°37'14"E., 2669.41 feet;thence along the west boundary of said N.W. 1/4 of the N.E. 1/4, 1)• S.00°3143"W., 328.84 feet; thence leaving said west boundary, i 2) S.89°28'17"E., 130.35 feet to the POINT OF BEGINNING;thence parallel with the south boundary of Parcel A per Record of Survey No 12,300,records of Ada County, 7 3) S.89°27'35"E., 173.24 feet;thence leaving said parallel line, 4) N.45°00'00"E., 32.08 feet to the east boundary of said Parcel A;thence along said east boundary, 5) S.00°32'25"W.,21.42 feet;thence leaving said east boundary, 6) S.45°00'00"W., 23.09 feet to a point which lies 10.51 feet south of the south boundary of said Parcel A;thence parallel with said south boundary, 7) N.89°27'35"W., 179.54 feet;thence leaving said parallel line, 8) N.00°32'25"E., 15.00 feet to the POINT OF BEGINNING. HAD-2166-2001 Paramount Fox Run Subdivision\Project Data/04 Survey\04.01 Descriptions/Sewer Easement 011621 3 3 1/4 S-24 S89°37' 14"E 2669,41 5-24 S-19 P.O.C. 8-26 W, CHINDI•;N BLVD. HWY 20126 1 8-25 5-30 1 I 1 1 _ I N i ' D It 0 1' I N OF A��P c l N t � �I E M 1 0 60' 120' I $ SCALE: 111=60' I PARCEL A 1_5 RECORD OF SURVEY No, 12,300 — RECORDS OF ADA COUNTY Line Table Line# Length Direction L29 3213' N16'00'00'E L30 21AT $00,32'231w ( u- L31 23N M'00'WW L32 +y 10.00' NOD'32'23'E I I s• I I I 1 P.O.B. �� •M S890 28'17"E 130.35' S890 27'35"E 173.24' -� . . _ , dr I N89°27'35"W 179.54' LEGEND: CALCULATED POINT yy� P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT — SECTION LINE I --•-- SUBDIVISION BOUNDARY LINE • -- EASEMENT LINE 0� ..••••.•. TIE LINE �� HORROCKSMO W.NAVIGATOR DR., EXHIBIT " x AID M SUITE210 MERIMN,IDAHOOW2 E N 0 1 N E E R. S PARAMOUNT POINT SUBDIVISION SANITARY SEWER EASEMENT