TM Creek Apartments Private Road Sanitary Sewer and Water Main Easement No. 1 ESMT-2021-0129 (2021-175986) ADA COUNTY RECORDER Phil McGrane 2021-175986
BOISE IDAHO Pgs=6 CHE FOWLER 12/15/2021 10:22 AM
CITY OF MERIDIAN, IDAHO NO FEE
ESMT-2021-0129
TM Creek Apartments Private Road
Sanitary Sewer and Water Main
Easement No. 1
SANITARY R AND WATER MAIN EASEMENT
THIS Easement Agreement, made this14th day of December 2021 between
SCS Brighton 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
Item#5.
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.
GRANTOR:SCS BRIGHTON LLC
By:Brighton Corp tion It's Manager
Robert L.Phillips,President of Brighton Corporation,Manager
STATE OF IDAHO )
) ss
County of Ada )
On thisll day of November,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 SCS Brighton 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 WTINESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in the certificate first
above written.
kb 211
7Ntry
IVAUGHAN
) 4�A&A A
ic-State of Idaho
Number 20181002 Notary Signature
Expires Jun 1,2024 My Commission Expires:
Sanitary Sewer and Water Main Easement REV.01/01/2020 Page 106
Item#5.
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor 12-14-2021
Attest by Chris Johnson, City Clerk 12-14-2021
STATE OF IDAHO, )
. ss.
County of Ada )
This record was acknowledged before me on 12-14-2021 (date) by
Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in
their capacities as Mayor and City Clerk, respectively.
(stamp)
Notary Signature
My Commission Expires: 3-28-2022
Sanitary Sewer and Water Main Easement REV.01/01/2020 Page 107
Item#5.
EXHIBIT A
DESCRIPTION FOR
CITY OF MERIDIAN SEWER AND WATER LINE EASEMENT
TEN MILE CREEK APARTMENTS
A portion of Lots 2 and 3, Block 3 of TM Creek Subdivision No. 4 as filed in
Book 117 of Plats at Pages 17944 through 17947, records of Ada County, Idaho and a
portion of the NW1/4 of Section 14, T.3N., R.1W., B.M., Ada County, Idaho more
particularly described as follows:
BEGINNING at the SW corner of said Lot 2;
thence along the West boundary line of said Lot 2 North 00028'39" East, 15.90
feet;
thence leaving said West boundary line South 89°28'24" East, 187.15 feet;
thence North 62058'40" East, 57.61 feet;
thence South 89026'19" East, 216.82 feet;
thence North 00033'41" East, 15.00 feet;
thence South 89026'19" East, 10.00 feet;
thence South 00033'41"West, 15.00 feet;
thence South 8902619" East, 181.83 feet;
thence North 0003341" East, 5.00 feet;
thence South 89"26'19" East, 10.00 feet;
thence South 00033'41"West, 5.00 feet;
thence South 89026'19" East, 178.17 feet;
thence North 00033'41" East, 15.00 feet;
thence South 89026'19" East, 10.00 feet;
thence South 00033'41"West, 15.00 feet;
thence South 89026'19" East, 22.80 feet;
thence South 00033'41"West, 31.00 feet;
thence North 89026'19"West, 78.91 feet;
thence South 00"54'53"West, 35.07 feet;
thence North 89005'07"West, 20.00 feet;
thence North 00054'53" East, 34.94 feet;
Page 1 of 2
Page 108
Item#5.
thence North 89026'19"West, 351.64 feet;
thence South 00054'53"West, 34.96 feet;
thence North 89005'07"West, 20.00 feet;
thence North 0005453" East, 34.84 feet;
thence North 89026'19"West, 132.02 feet;
thence South 62058'40"West, 77.03 feet;
thence North 89028'24"West, 57.83 feet;
thence South 46051'21" East, 82.72 feet;
thence South 43°08'39"West, 20.00 feet;
thence North 46051'21"West, 104.45 feet;
thence North 89°28'24" West, 109.58 feet to a point on the West boundary line
of said Lot 3;
thence along said West boundary line North 00°33'33" East, 24.10 feet to the
REAL POINT OF BEGINNING.
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Page 2 of 2
Page 109
Item#5.
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