TM Frontline Subdivision Sanitary Sewer and Water Main No.2 ESMT-2022-0140(2022-029340) ADA COUNTY RECORDER Phil McGrane 2022-029340
BOISEIDAHO Pgs=7 ANGIE STEELE 03/24/2022 08:27 AM
CITY OF MERIDIAN, IDAHO NO FEE
ESMT-2022-0140 TM Frontline Subdivision
Sanitary Sewer and Water Main Easement No. 2
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THIS Easement Agreement, made this_22 day of March® 22_22 between
SCS Brighton II 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 V.0 1/0 1/2020
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 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 �( 20 by Robert L.
Phillips, as the President of Brighton Corporation, an Idaho corporation, anager of SCS Brighton
II LLC, an Idaho limited liability company.
Notary Public for Idabil
SHARI VAUGHAN My Commission Expires: �¢- 1-20,3 4
Notary Public-State of Idaho
Commission Number 20181002
My 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
My Commission Expires: 3-28-2028
Sanitary Sewer and Water Main Easement REV.01/01/2020
Item#5.
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E N G I N E E R I N G
March 8,2022
Project No.20-208
City of Meridian Sewer and Water Easement
SCS Brighton II LLC
Legal Description
Exhibit A
A parcel of land for a City of Meridian Sewer and Water 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 369.73 feet;
Thence leaving said northerly line,S00°46'48"W a distance of 274.73 feet to POINT OF BEGINNING 1.
Thence S00°40'10"W a distance of 30.00 feet;
Thence N89°19'50"W a distance of 36.45 feet to a point hereinafter referred to as"POINT A";
Thence N00°28'31"E a distance of 30.00 feet;
Thence S89°19'50"E a distance of 36.55 feet to POINT OF BEGINNING 1.
Said parcel contains 1,095 square feet, more or less.
TOGETHERWITH:
Commencing at a point previously referred to as"POINT A",thence N79°30'33"W a distance of 75.15 feet to the
easterly boundary line of a parcel of land as described in Special Warranty Deed per Inst.No.2018-039705 and
being POINT OF BEGINNING 2.
Thence following said easterly boundary line,N47°53'14"W a distance of 23.88 feet;
Thence leaving said easterly boundary line,S89°13'12"E a distance of 17.85 feet;
Thence S00°28'31"W a distance of 15.77 feet to POINT OF BEGINNING 2.
Said parcel contains 141 square feet,more or less.
Said description contains a total of 1,236 square feet,more or less,and is subject to all existing easements and/or
rights-of-way of record or implied.
All subdivisions,deeds,records of surveys,and other instruments of record referenced herein are recorded
documents of the county in which these described lands are situated in.
Attached hereto is Exhibit B and by this reference made a part hereof. Npt LANDS
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Title: SCS Brighton II LLC Sewer and Water Easement Date: 03-08-2022
Scale: 1 inch= 10 feet File:
Tract 1: 0.025 Acres: 1095 Sq Feet:Closure=n84.4548e 0.00 Feet: Precision=1/79445: Perimeter=133 Feet
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Title: SCS Brighton II LLC Sewer and Water Easement Date: 03-08-2022
Scale: I inch=5 feet File:
Tract 1: 0.003 Acres: 141 Sq Feet:Closure=s64.4123w 0.00 Feet: Precision=1/19107: Perimeter= 58 Feet
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002=s89.1312e 17.85