Gem Prep South Water Main Easement No. 1 ESMT-2021-0092 (2021-135638) ADA COUNTY RECORDER Phil McGrane 2021-172290
BOISE IDAHO Pgs=14 BONNIE OBERBILLIG 12/06/2021 12:12 PM
CITY OF MERIDIAN, IDAHO NO FEE
-
135638
ADA COUNTY RECORDER Phil McGrane
BOISE IDAHO Pgs=9 CHE FOWLER 0911 /2021 10:32 AM
CITY OF MERIDIAN, IDAHO NO FEE
RE-RECORD TO INCLUDE AMENDED LEGAL DESCPRIPTION AND MAP
Gem Prep South
Water Main Easement No.1
ESMT-2021-00 2
WATER MAIN EASEMENT
THIS Easement Agreement, made this 14th day of September 2021 between DWT Investments LLC and
SCS Investments LLC, ("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 )
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
RE-RECORD TO INCLUDE AMENDED LEGAL DESCRIPTION AND MAP
Gem Prep South
Water Main Easement No.1
ESMT-2021-0092
WATER MAIN EASEMENT
THIS Easement Agreement, made this 14th_ day of September 2021 between DWT Investments LLC and
SCS Investments LLC, ("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
GRANTOR: DWT INVESTMENTS LLC
an Idaho limited liability company
By: Brighton Corporation, an Idaho
corporation, Manager
By:
Robeet L. Phillips, President
STATE OF IDAHO )
ss.
County of Ada )
On this.LL 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 by official seal the day
and year in this certificate first written above written.
a y Notary Public for IdiM
Notary Public-State o
SHARI VAUGte of IdahoMy Commission expires �f�P 1-o_c�_
Commission Number 20181002
My Commission Expires Jun 1,2024
GRANTOR: SCS INVESTMENTS LLC
an Idaho limited liability company
By:
Mi hael A. Hall, President
STATE OF IDAHO )
:ss.
County of Ada )
On this_�(o 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 he 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.
d. SHARI VAUGHAN Notary Public for Idaho
Notary Public-State of Idaho My Commission expires:_
Commission Number 20181002 /
My Commission Expires Jun 1, 2024
GRANTEE: CITY OF MERIDIAN
Rob/e,.rty}E. Sim` ayor ,i 21
sk2[[)IAN_
SEAM.
Attest by Chri hnson, ` rCrle 14-2021
STATE OF IDAHO, )
. ss.
County of Ada )
This record was acknowledged before me on 9-14-2021 (date) by Robert E. Simison
and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City
Clerk, respectively.
CHARLENE WAY
COMMISSION#67390
NOTARY PUBLIC Notary Signature
STATE OF IDAHO 3-28-2022
MY COMMISSION EXPIRES 348122 My Commission Expires:
Water Main Easement Version 01/01/2020
EXHIBIT A(LEGAL DESCRIPTION)
LR
PROJECT:GEM PREP SOUTH
2308 N. Cole Rd.,Suite G Geo
A SURVEYING 6 MAPPING COMPANY Boise, Idaho 83704
Easement Description
A par of land, lying within the Government Lot 4 of Section S, Township 2 North, Rang 1
East, Boi Meridian,Ada County, Idaho, being more particularly described as follows:
Commencin t the Northwest Corner of Section 5, monumented by a found alum' um cap,
from which th West One-Sixteenth Corner of Sections 5 and 32, monumented found 5/8"
rebar, bears Sou 89°57'04"West, 1331.87 feet;
thence South 7501 ' 5" East, 769.77 feet to the POINT OF BEGINNING;
Thence North 89053'42 ast, 7.00 feet;
Thence North 00°06'18"W t, 20.00 feet;
Thence North 90000'00" East, .00 feet;
Thence South 00006'18" East,25.0 feet;
Thence North 90°00'00" East, 193.89 t;
Thence North 00°00'00" East, 27.31 feet;
Thence North 90°00'00" East, 20.00 feet;
Thence South 00000'00" East,47.31 feet;
Thence South 90°00'00"West, 233.85 feet-
Thence North 00006'18"West, 25.03 fe to the POINT BEGINNING.
TOGETHER WITH:
Commencing at the Northwes orner of Section 5, monumente a found aluminum cap,
from which the West One-S' eenth Corner of Sections 5 and 32, m umented by found 5/8"
rebar, bears South 89057' 4"West, 1331.87 feet;
thence South 61023'01" ast, 875.36 feet to the POINT OF BEGINNING;
Thence North 8905 47" East, 23.42 feet;
Thence North 02'56" East, 12.49 feet;
Thence Sou 89057'04" East, 20.00 feet;
Thence uth 00002'56" West, 12.44 feet;
The a North 89054'41" East, 17.18 feet;
T nce North 00°05'36"West, 10.00 feet;
i
LR Geo
2308 N. Cole Rd.,Suite G
A SURVEYING & MAPPING COMPANY Boise, Idaho 83704
T nce North 89°54'24" East, 20.00 feet;
Then South 00°05'36" East, 30.00 feet;
Thence th 89°54'44"West, 80.59 feet;
Thence Nort 00-06'18"West, 20.00 feet to the POINT OF BEGINNING.
Containing 2,061 uare feet or 0.047 acres, more or less.
Containing 5,584 squa feet or 0.128 acres, more or less.
Containing 7,645 square fee or 0.175 acres, more or less, of which 2 61 square feet is the
southerly area and 5,584 is th ortherly area.
End of Description
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EXHIBIT A(LEGAL DESCRIPTION)
PROJECT: GEM PREP SOUTH
LR Geo 2308 N. Cole Rd., Suite G
A SURVEYING & MAPPING COMPANY Boise, Idaho 83704
Easement Description
A parcel of land, lying within the Government Lot 4 of Section 5, Township 2 North, Range 1
East, Boise Meridian, Ada County, Idaho, being more particularly described as follows:
Commencing at the Northwest Corner of Section 5, monumented by a found aluminum cap,
from which the West One-Sixteenth Corner of Sections 5 and 32, monumented by found 5/8"
rebar, bears South 89057'04" West, 1331.87 feet;
thence South 75017'05" East, 769.77 feet to the POINT OF BEGINNING;
Thence North 89°53'42" East, 7.00 feet;
Thence North 00°06'18" West, 20.00 feet;
Thence North 90°00'00" East, 13.00 feet;
Thence South 00°06'18" East, 25.05 feet;
Thence North 90°00'00" East, 143.89 feet;
Thence North 00°00'00" East, 25.35 feet;
Thence North 90°00'00" East, 20.00 feet;
Thence South 00°00'00" East, 45.35 feet;
Thence South 90°00'00" West, 183.85 feet;
Thence North 00°06'18" West, 25.03 feet to the POINT OF BEGINNING.
TOGETHER WITH:
Commencing at the Northwest Corner of Section 5, monumented by a found aluminum cap,
from which the West One-Sixteenth Corner of Sections 5 and 32, monumented by found 5/8"
rebar, bears South 89°57'04" West, 1331.87 feet;
thence South 61°23'01" East, 875.36 feet to the POINT OF BEGINNING;
Thence North 89°54'47" East, 23.42 feet;
Thence North 00002'56" East, 12.49 feet;
Thence South 89°57'04" East, 20.00 feet;
Thence South 00002'56" West, 12.44 feet;
Thence North 89°54'41" East, 17.18 feet;
Thence North 00°05'36" West, 10.00 feet;
1
LR Geo
2308 N. Cole Rd., Suite G
A SURVEYING & MAPPING COMPANY Boise, Idaho 83704
Thence North 89054'24" East, 20.00 feet;
Thence South 00005'36" East, 30.00 feet;
Thence South 89054'44" West, 80.59 feet;
Thence North 00°06'18" West, 20.00 feet to the POINT OF BEGINNING.
Containing 6,606 square feet or 0.151 acres, more or less, of which 2,061 square feet is the
southerly area and 4,545 is the northerly area.
End of Description
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