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TM Frontline Subdivision Water Main Easement No. 1 ESMT-2022-0141 (2022-029047) ADA COUNTY RECORDER Phil McGrane 2022-029047 BOISE IDAHO Pgs=6 NIKOLA OLSON 03/23/2022 12:10 PM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0141 TM Frontline Subdivison Water Main Easement No. 1 WATER MAIN EASEMENT THIS Easement Agreement, made this 22 day of March , 20 22 between SCS Brighton II 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: SCS BRIGHTON II LLC an Idaho limited liability company By: Brighton Corporation, an Idaho corporation, Manager By: —&—, Robert L. Phillips, President STATE OF IDAHO ) ss. County of Ada ) This record was acknowledged before me on , 20Q,;k—, by Robert L. Phillips, as the President of Brighton Corporation, an Idaho corporation, manager of SCS Brighton II LLC, an Idaho limited liability company. � SHARI VAUGHAN My Commission Expires: - t- va- Notary Public-State of Idaho Commission Number 20181002 LMy Commission Expires Jun 1, 2024 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 3-22-2022 Attest by Chris Johnson, City Clerk 3-22-2022 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 3-22-2022 (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 3-28-2028 My Commission Expires: Water Main Easement Version 01/01/2020 Item#6. E N G I N E E R I N G March 8,2022 Project No.20-208 City of Meridian Water Main Easement SCS Brighton II LLC Legal Description Exhibit A A parcel of land for a City of Meridian Water Main Easement over a portion of Northwest 1/4 of the Northeast 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 North 1/4 corner of said Section 14,which bears N89°13'12"W a distance of 2,657.79 feet from a found aluminum cap marking the Northeast corner of said Section 14,thence following the northerly line of said Northwest 1/4 of the Northeast 1/4,S89°13'12"E a distance of 362.50 feet; Thence leaving said northerly line,S00°46'48"W a distance of 711.18 feet to the POINT OF BEGINNING. Thence S00°46'48"W a distance of 20.00 feet; Thence N89'13'12"W a distance of 26.89 feet; Thence N00°28'31"E a distance of 20.00 feet; Thence S89°13'12"E a distance of 27.00 feet to the POINT OF BEGINNING. Said parcel contains 539 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. NPL LAND S �c E N SFD GAG o -< CL 662 0 �o �9l OF 0, F<< Y KENR, 31t 2.z 5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939 • kmengllp.com Page 131 P:\20-208\CAD\SURVEY\EXHIBITS\20-208 H2O SOUTHEAST END SIDE DRIVE.DWG,ALEX GREEN,3/8/2022,\\KMEBOIDCS\TOSHIBA E-STUD10907,— m 3 x� O to Z -o A moo Ut zj� Z z O _ m :3 F Wo R/w— /w---R/w /w�, �� o I ' chi � o Zz 0) TI � () C M rt z icn M Z �- o o , N Do O Gi om LQ rn M/a ,v✓a M/a M/a `n •w l—Mrl m I60! ' -n S00.46'48"W 71 1.18'(TIE) .�p I —— — — — �--{� �. z c), 0 o O to(n 00 z N o O ED cn -q Z00 O N 1 00 M _ z D I Z In Ln z m-� c' I() 50 PROFFs Z z m cJ OZ r �n O7 z r ►� �' �� UncTer Rd. N— o 0 m Exhibit B 0 0 City of Meridian Water Main Easement 7 N-_= o 0 =�o2m 3 n M m wp= N 3 Situated in a portion of the Northwest 1/4 of the Northeast 1/4 of Section 14, D z 9 o Township 3 North, Range 1 West, B.M., City of Meridian,Ada County, ID m w N Item#6. 27.00 s89°13'12"e I I i c "' 3 C N O N C. fV w � I { i n89'13'12"w 26.89 Title: SCS Brighton II LLC Water Main Easement Date: 03-08-2022 Scale: 1 inch=5 feet File:Deed Plotter(1).des Tract 1: 0.012 Acres: 539 Sq Feet:Closure=n84.4602w 0.00 Feet: Precision=1/25770: Perimeter= 94 Feet 001=s00.4648w 20.00 003=n00.2831e 20.00 002=n89.1312w 26.89 004=s89.1312e 27.00 I i i I I I I