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TM Crossing Subdivision No. 5 Sanitary Sewer and Water Easement No. 1 (2021-126692) ADA COUNTY RECORDER Phil McGrane 2021-126692 BOISE IDAHO Pgs=9 BONNIE OBERBILLIG 08/26/2021 09:48 AM CITY OF MERIDIAN, IDAHO NO FEE TM Crossing Subdivision No. 5 Sanitary Sewer and Water Main Easement No. I SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made this24th day of August 2021 between SCS Investments LLC, DWT Investments LLC and BVB Ten Mile Crossing Annex LLC ("Grantor")and the City of Meridian,an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water 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 and 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 sanitary sewer and 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. Sanitary Sewer and Water Main Easement REV.01/01/2020 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 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] Sanitary Sewer and Water Main Easement REV.01/01/2020 GRANTOR: SCS INVESTMENTS LLC an Idaho limited liability company By: A�e Michael A.Hall,President STATE OF IDAHO } :ss. County of Ada } On this 10 _ day of August,in the year 2021,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. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first written above. 91 A.I'm - a 73 L' . J SHARI VAUGHAN Notary Public for Idaho Notary Public-state of Idaho My Commission expires'_/a— l-a Commission Number 20181002 My Commission Expires Jun 1, 2024 DWT INVESTMENTS LLC an Idaho limited liability company By: Brighton Corporation, an Idaho corporation, Manager By: Robert L.11hillip, President STATE OF IDAHO ) ss. County of Ada ) On this day of August, in the year of 2021, before me a Notary Public of said State, personally appeared Robert L. Phillips, known or identified to me to be the President of Brighton Corporation, the Manager of DWT 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. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. SL L�y AAAI,— SHARI VAUGHAN Notary Public for Idaho/ / CNotary Public-State of Idaho My Commission expires Ca �'c--U� mmission Number 20181002 ommission Expires Jun 1,2024 BVB TEN MILE CROSSING ANNEX, LLC An Idaho limited liability company By: BV Management Services,Inc., Manager By: Cortney iddiard,Pr ident STATE OF IDAHO ) :ss. County of Bonneville ) On this "`} day of August, in the year 2021, before me a Notary Public of said State, personally appeared Cortney Liddiard, known or identified to me to be the President of BV Management Services, Inc.,the corporation that executed the instrument or the person who executed the instrument on behalf of said corporation,and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed by official set the day and year in this certificate first written above. BRANDI LOVE COMMISSION NO. 37925 NOTARY PUBLIC STATE OF IDAHO Notary Public for Idaho MY COMMISSION EXPIRES O4112126 My Commission expires: GRANTEE: CITY OF MERIDIAN Robert E. Sim`son ayoI'll ,,', 021 SEAL Attest by Chri ohnson, T" 8-24-2021 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 8-24-2021 (date) by Robert E. S i m i s o n and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,respectively. Chw-6- W4)j CHARLENE WAY COMMISSION#67390 � (VOTARY PUBLIC Notary Signature STATE OF II:AHO I My Commission Expires: 3-28-2022 MY COMMISSION EXPIRES 3128122 � Sanitary Sewer and Water Main Easement REV.01/01/2020 km E N G I N E E R I N G August 2,2021 Project No.21-050 TM Crossing Subdivision No.5 City of Meridian Water and Sewer Easement Legal Description Exhibit A A parcel of land for a City of Meridian Water and Sewer Easement situated in a portion of the Southwest 1/4 of the Northwest 1/4 of Section 14,Township 3 North,Range 1 West,Boise Meridian,City of Meridian,Ada County,Idaho and being more particularly described as follows: Commencing at a found aluminum cap marking the West 1/4 corner of said Section 14,which bears N89"11'30"W a distance of 2,656.47 feet from a found aluminum cap marking the Center 1/4 corner of said Section 14; Thence following the southerly line of said Southwest 1/4,S89`11'30"E a distance of 355.97 feet to the POINT OF BEGINNING. Thence leaving said southerly line,N00'48'26"E a distance of 3.88 feet; Thence N89'11'34"W a distance of 118.42 feet; Thence N00°48'26"E a distance of 207.08 feet; Thence S89°11'34"E a distance of 20.00 feet; Thence N00°48'26"E a distance of 12.57 feet; Thence N08°47'45"E a distance of 50.42 feet, Thence 581'12'15"E a distance of 6.74 feet; Thence S16'01'51"W a distance of 39.49 feet; Thence 21.26 feet along the arc of a circular curve to the left,said curve having a radius of 80.00 feet,a delta angle of 15°13'25",a chord bearing of S08°25'08"W,and a chord distance of 21.19 feet; Thence S00°48'26"W a distance of 194.02 feet; Thence S89'11'30"E a distance of 90.32 feet; Thence N00'48'26"E a distance of 17.48 feet; Thence S89'11'34"E a distance of40.56 feet; Thence N00°48'26"E a distance of 15.50 feet; Thence S89°11'34"E a distance of 26.00 feet; Thence S00`48'26"W a distance of 48.50 feet; Thence N89`11'34"W a distance of 38.95 feet; Thence S00°48'26"W a distance of 3.88 feet to the southerly line of said Southwest 1/4; Thence following said southerly line,N89°11'30"W a distance of 20.00 feet to the POINT OF BEGINNING. Said parcel contains 8,513 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. g {� to 12459 a OF iN L. B�yv� 5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939 • kmenglip.com 'Z'�� P:\21-050\CAD\SURVMEXHIBITS\21-050 CRY OF MERIDIAN WATER AND SEWER EASEMENT WEST.DWG,AARON BALLARD,8J2J2021,KYOCERA TASKALFA 4550CI KX.PC3,-- Ul S. Ten Mile Rd. boo Zz v� / oho CrrI I OU rn r-� to W p 0 O 0 ONO o cn �Z , I� 77 LO ; o Z n C7 C7 C,T v 1-1 1-, O N -' 0000 OOD oD9: O O �,j Nhj °rn I r*T o ?in a? Cn v to z z N00'48'26"E 207.08' C R1--I M" O p ou •A I I " N rT7 N V Ul I w S00'48'26"W 194.02' m cD rn 0 j OD co 1' W to — z — O Ln O coo O p (pZ 00 p c.j co r N Q -+W nj p O p O F-s Q- 'p N 0b0 O>N 1C`7 O rn .S < t,i .rT 'C O N' O O OM\\ O W Vt' p' O `E o4 cn cn OD j DD Z cn z En ODr°° O D O z N \�48.50'�0 � p �) 1 C Q m rn S00'48'26"W ''' _ W I �° _ C `I 1-' -� < I o O I I N N m I N Z I M D o CA �'� Om M D w C z n W 0 Cn M M O nr O OO t7 -D p p rD r Z � c N N r, 0 0 o O v00 II z \ D m N o Z O - Oap r Ii o D m 41 - OD CoC En M O c 9: K: z m M —i N = z z D co Q �+> �— D M O m rn Exhibit B 210, -z°z - �� City of Meridian Water Easement 3 rn m N^_O Z O tl°a OGH ro a n m w o O m T D w Situated in a portion of SW 1/4 of the NW 1/4 of Z o Section 14, T.3N., R.1W., B.M., City of Meridian, Ada County, ID � o � Title: Date:07-19-2021 Scale: 1 inch=50 feet File: Deed Plotter.des Tract 1: 0.195 Acres: 8513 Sq Feet:Closure=n59.2652w 0.02 Feet: Precision=1/56657: Perimeter=975 Feet 001=n00.4826e 3.88 008=sl6.0151w 39.49 0 1 5=s89.1134e 26.00 002=n89.1134w 118.42 004:Lt.R40M.Delta=15.1325 Bay-08.zs08W Cna=21.19 016=s00.4826w 48.50 003=n00.4826e 207.08 010=s00.4826w 194.02 017=n89.1 134w 38.95 004=s89.1134e 20.00 011=s89.1130e 90.32 018=s00.4826w 3.88 005=n00.4826e 12.57 012=n00.4826e 17.48 0 1 9=n89.1130w 20.00 006=n08.4745e 50.42 013=s89.1134e 40.56 007=s81.1215e 6.74 014=n00.4826e 15.50