Paramount Point Water Main Easement No. 1 (2021-038136) i
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ADA COUNTY RECORDER Phil McGrane 2021-038136
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Proiect Name(Subdivision):, BOISE IDAHO Pgs=13 NIKOLA OLSON 03/10/2021 08:45 AM
Paramount Point CITY OF MERIDIAN, IDAHO NO FEE
Water Main Easement Number:,
Identify this Easement by sequential number if Project contains
more than one Water Main easement.
(See Instructions for additional information).
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WATER MAIN EASEMENT
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THIS Easement Agreement, made this 9th day of March__,2021, between DWT Investments LLC,
The Thomas W. Tomlinson Administrative Trust under the Tomlinson Family Trust dated 4n/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");
WHEREAS,the Grantor desires to provide a water main right-of-way across the premises and
property hereinafter particularly bounded and described; and j
WHEREAS, the water main is to be provided for through underground pipelines to be
constructed by others; and j
WHEREAS, it will be necessary to maintain and service said pipelines from time to time by
the Grantee;
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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.
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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.
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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: DWT Investments LLC,an Idaho limited liability company
By: Brighton Corporation,/an Idaho corporation,Manager
By;
�/y
Robert L.Phillips,President
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The Thomas W.Tomlinson Administrative Trust Under the
Tomlinson Family Trust dated April 7,1982
By:
Mapk W,Lin yYC-c3 rustee
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)
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By:
Name;
Title:
Water Main Easement Version 01/01/2020
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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 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. j
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THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors,
assigns, heirs,personal representatives,purchasers, ortransferees of any kind. I
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IT! WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their
signatures the clay and year first herein above written.
GRANTOR: DWT Investments LLC,an Idaho limited liability company
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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:
Marls 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)
By:
Name:
Title:
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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. j
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 Grantor will warrant and forever defend the I
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.
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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
a
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)
By:
Name:
Title:
Water Main Easement Version O1/01/2020
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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.
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IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their
signatures the day and year first herein above written.
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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 Management Services,Inc.,Its Executive Manager
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By:
y
First Federal Savings Bank of Twin Falls,a(n) .
By:
Na o -
Title:
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Water Main.Easement Version 01/01/2020
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ACKNOWLEDGMENT
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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.
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State of California
County of —C, -
On c�nycr 9),2 k before me, --T\m\a "C
(insert name and title of the offl
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.
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WITNESS my hand and official seal,
ILEANA SORANIDIS
z Commission No.2279717
¢ NOTARY PUBLIC-CALIFORNIA
SAN DIE00 COUNTY
Commission Expires March 4,2023
Signature % (Seal)
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State of Idaho ) '
) ss.
County of Ada )
This instrument was signed or acknowledged before me on February'4 2021,by Robert L. Phillips,
as President of Brighton Corporation,the Manager of DWT Investments LLC, an Idaho limited liability
company, o
C�L.
tc�L
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My commission
State of Idaho ) SHARI VAUGHAN
[Notary Public-State of Idaho
SS' mmission Number 20181002
County of Ada ) ommission Expires Jun 1, 2024
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. r
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My commission expkds
SHARIVAUGHAN
State of Idaho ) Notary Public-State of Idaho
ss. Commission Number 20181002
County of Bonneville ) My Commission Expires Jun 1, 2024
This instrument was signed or acknowledged before me on February ll.Ci 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 liabili company.
BRANDILOVE
COMMISSION NO,37925 M `commission n � l -30�('>
NOTARY PUBLIC Y expires c7
STATE OF IDAHO
MY COMMISSION EXPIRES O4/12126
State of Idaho )
ss.
County of Twin Falls )
This instrument was signed or acknowledged before me on February 2021,
by lnamei as lnllel of First Federal
Savings of Twin Falls, a(n) (Mate 0rotgen12alt0nl (type of antlly).
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My commission expires
Water Main Easement Version 01/01/2020
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State of Idaho ) l
ss.
County of Ada )
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 )
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.
a
My commission expires
State of Idaho }
)Ss.
County of Bonneville j
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.
I
My commission expires
State of Idaho )
}ss.
County of Twin Falls j
This instrument was signed or acknowledged before me on February. 2021,
����.m.�as 'Et- rotl.a of First Federal
by .t�C1
Savings of Twin Fal , a(n)
ommission expires
JONATHAN SCHREURS
NOTARY PUBLIC
STATE OP IDAHO
Comm.No,83WI
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GRANTEE: CITY OF MERIDIAN
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Robert E. Simison,M or
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yi�IQFNO
At-rest by Chris J son, City -2021
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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.
(stamp)
Notary Signature
GHARLEE WAY My Commission Expires: 3-28-2022
COMMISSION#67390
NOTARY PUBLIC
STATE OF IDAHO
MY COMMISSION EXPIRES 3128122
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Water Main Easement Version 01/01/2020
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2775 W.Navigator Drive,Suite 210 Idaho Office
Meridian,Idaho 83642 Tel.- 208.895,2502
www.horrocks.com H O RRO C K S Fax:208.463,7561
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E N G I N E E R S
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Date: January 16, 2021
Project: ID-2166-2001 j
Page: 1 of 3
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EXHIBIT "A"
PARAMOUNT POINT SUBDIVISION DOMESTIC WATER EASEMENT
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This easement is situated in the N.W. '/4 of the N.E. '/4 of Section 25, Township 4 North, Range 1 j
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. t/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°31'43"W.;267.55 feet to the POINT OF BEGINNING; thence leaving said west
boundary,
2) S.89°27'35"E., 139.87 feet;thence,
3) N.00°32'25"E., 63.47 feet;thence,
4) N.44°27'35"W., 17.61 feet; thence,
5) N.89°27'11"W., 9.77 feet; thence,
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6) N.00°32'49"E., 16.03 feet; thence,
7) N.45°32'25"E., 10.57 feet; thence,
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8) S.44°27'35"E., 42.07 feet;thence,
9) S.00°32'25"W., 17.77 feet; thence,
10)S.89-28'56"E., 10.00 feet; thence,
11)S.00°31'04"W., 15.00 feet; thence,
12)N.89028'56"W., 10.00 feet; thence,
H:/ID-2166-2001 Paramount Fox Run Subdivision\Project Data/04 Survey\04.01 Descriptions/Domestic Water
Easement 012521
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Date: January 16,2021
Project: ID-2166-2001
Page: 2 of 3
13)S.00°32'25"W., 87.16 feet;thence,
14)S.89°27'35"E., 133.44 feet;thence,
15)N.45°00'00"E., 53.94 feet to a point on the east boundary of Parcel A per Record of
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Survey No. 12,300,records of Ada County;thence along said east boundary,
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16)S.00°32'25"W.,26.60 feet;thence leaving said east boundary,
17)S.45°00'00"W., 38.38 feet to a point on the south boundary of said Parcel A;thence long
said south boundary,
18)N.89°27'35"W., 35.59 feet;thence leaving said south boundary,
19)S.00°32'13"W., 30.93 feet;thence,
20)N.90°00'00"W., 15.00 feet;thence,
21)N.00-32'l4"E., 31.07 feet to a point on said south boundary; thence along said south
boundary,
22)N.89027'35"W., 93.75 feet;thence leaving said south boundary,
23)S.00°32'25"W.,202.11 feet; thence,
24)S.45°00'00"E.,24.55 feet to a point of curvature on the northerly right-of-way of W.
Plaza Shops Drive;thence along a curve to the right,
25)Having an are length of 8.87 feet,a radius of 155.00 feet,through a delta angle of
03°16'42" and along chord which bears S.87022'09"W., 8.87 feet;thence continuing,
26)S.88°12'45"W., 11.59 feet;thence leaving said right-of-way,
27)N.45000'00"W., 16.92 feet;thence,
28)N.00°31'19"E., 12.36 feet;thence,
29)N.89°27'35"W., 34.50 feet;thence,
30)N.00032'25"E., 15.00 feet;thence,
31)S.89°27'35"E., 34.50 feet;thence,
HAD-2166-2001 Paramount Fox Run Subdivision\Project Data/04 Survey\04.01 Descriptions/Domestic Water
Easement 012521
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Date: January 16,2021 j
Project: ID-2166-2001
Page: 3 of 3
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32)N.00°32'25"E., 78.56 feet;thence,
33)N.89°27'35"W., 12.00 feet;thence,
34)N.00°32'25"E., 15.00 feet;thence,
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35)5.89°27'35"E., 12.00 feet;thence,
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36)N.00°32'25"E., 66.99 feet;thence,
37)N.89°27'35"W., 34.54 feet;thence,
38)N.00°54'02"E., 15.00 feet;thence,
39)5.89°27'35"E., 34.45 feet;thence,
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40)N.00°32'25"E., 56.25 feet;thence,
41)N.89°27'35"W., 139.86 feet to a point on the west boundary of said N.W. 1/4 of the N.E.
1/4;thence along said west boundary,
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42)N.00°31'43"E., 15.00 feet to the POINT OF BEGINNING.
HAD-2166-2001 Paramount Fox Run Subdivision\Project Data/04 Survey\04.01 Descriptions/Domestic Water
Easement 012521
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P W. CHINDEN BLVD. HWY 2a,28
.O.C.
$-25 8-25 S-30
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Curve Table
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Cu=# Radius , Length Delta Chord Chord Length
LEGEND: ci 155.00' 8.87' 3016'42" S87° 22'09MW 8.87'
P.O.B, POINT OF BEGINNING
I P.O.C. POINT OF COMMENCEMENT
— -- SECTION LINE
—-^— BOUNDARY LINE 0 60' 120'
— -- EASEMENT LINE
A CALCULATED POINT SCALE: 1"=60'
PARCELA 15
RECORD 0,-SURVEYNO, 12,300
RECORDS OFADA COUNTY
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.O.e.
�� OD
589°27'35"E 139,87' 'D° j
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I N89°27'35'W 139.86' ( A Ll
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IS
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S896 27'35"E 133.44'
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L27 N89°27'35"W93,75' L11
L25
a � L13
I Llne Table Line Table
Une# Length Directlan Llne# Length DIreCNOn
L1 17,81' N44'2r3M L16 2456' 846'00'DOT;
�Ny 1V
I 'N L2 9.77' NOW 2r 11`W Of 11M US'12'46'W
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9 .24 I L3 18.09' NOW 3740'E Liz 18.92 N16.0000W
I{ L4 10.67 1 1445'37 261E L10 12.38' NOV 31'WE
L8 42,07' 1 544.271351E LID 34.0t1' N89.27'38'W
MIN
2241 '° L6 17.77' 800'32'26'W L20 16.00 NOO'37 281E
LT 10.00' 809'26'66`fi L21 MAO' 869'2T 361E
v ti l LB 16,00' 800'31'04'W L22 12.00' N69'27'35'W
W Le ",OAO' N89`28'60'W L23 16.00' NOO'32 251E \
L10 20W SOD'32'26N1 L24 12" 809.27'36'E
L11 36.50' N80'2P36'W L25 34.64' N69'27'36'W
0
L12 30.03' 9OO'3713'W L28 16.OQ' NOW84'021
j .:' L13 16.00' N90'W OO`W L27 34.48 869'2T 951E
I L21 L14 31.OT NOW 37141E L28 16AIY Y00's1'43°E
N5 !
L19 .. ,r
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18 C1 �JrivOp
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HORRO CI S EXHIBIT "B"
m 2770 W.NAVIGATOR DR.,
s 1 noSUITE 210
�l MERIDIAN,IDAHO M2
E N G I N E E R S PARAMOUNT POINT SUBDIVISION DOMESTIC WATER EASEMENT