TM Crossing Subdivision No. 5 Sanitary Sewer and Water Main Easement No. 1 ESMT-2022-0148 (2022-033772) ADA COUNTY RECORDER Phil McGrane 2022-033772
BOISE IDAHO Pgs=9 BONNIE OBERBILLIG 04/06/2022 08:05 AM
CITY OF MERIDIAN, IDAHO NO FEE
ESTM-2022-0148 TM Crossing Subdivision No. 5
Sanitary Sewer and Water Main Easement NO. 1
NIT
EA E THIS Easement Agreement, made this 5th day of April 2022 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 13)
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 INVESTMENTS LLC
an Idaho limited liability company
By: L�7 --
Michael A. Hall, President
STATE OF IDAHO }
:SS.
County of Ada }
On this I f +th 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.
r
SHARI VAUGHAN Notary Public for Idaho
Notary Public-State of Idaho My Commission expires:— "
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. hillip, 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.
V-621-=State
_
HAN Notary PublicSL for Ida
ate of Idaho My Commission expires C� r —;�Oer 20181002Myes Jun 1, 2024
BVB TEN MILE CROSSING ANNEX, LLC
An Idaho limited liability company
By: BV Management Services, Inc., Manager
By:
Cortney'Liddiard, Pre 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.
BRA NDI LOVE
COMMISSION NO.37925
NOTARY PUBLIC
STATE OF IDAHO Notary Public for Idaho
[MY COMMISSION EXPIRES t}4112126 My Commission expires:_)-�-��-ac�alo.
GRANTEE: CITY OF MERIDIAN
Robert E. Simison,Mayor 4-5-2022
Attest by Chris Johnson, City Clerk 4-5-2022
STATE OF IDAHO, )
: ss.
County of Ada )
This record was acknowledged before me on 4-5-2022 (date) by
Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in
their capacities as Mayor and City Clerk, respectively.
Notary Signature
My Commission Expires: 3-28-2028
Sanitary Sewer and Water Main Easement REV,01/01/2020
Item#12.
E N G I N E E R I N G
March 15,2022
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 348.37 feet to a point;
Thence leaving said southerly line,N00°48'30"E a distance of 19.40 feet to the POINT OF BEGINNING.
Thence N89°11'30"W a distance of 90.32 feet;
Thence S00°48'26"W a distance of 15.52 feet;
Thence N89°11'34"W a distance of 20.50 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 S81'12'15"E a distance of 21.00 feet;
Thence S08'47'45"W a distance of48.95 feet;
Thence S00°48'26"W a distance of 185.19 feet;
Thence S89'11'34"E a distance of 69.82 feet;
Thence S00°48'30"W a distance of 17.48 feet to the POINT OF BEGINNING.
Said parcel contains 10,685 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
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Page 162
Item#12.
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Subdivision No. 5 Plan Scale: 1"=5o' `~
Lot 10, m m
Block 1 LEGEND 1E 3 N U
CD Lot 11, Block 1 ® FOUND ALUMINUM CAP X CU O
c CALCULATED POINT W O m
0 0 00 — ~- — — SECTION LINE Z �
N LOT LINE 2 Cl
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C S89'11'34"E 69.82' Wa S00'48'30 DATE: MARCH2O22
r 17.48' Lot 12, Block 1 PROJECT: 21-050
o N I N89'11'34"W
20,50' N00'48'30"E SHEET:
N 15 14 N89'11 30"W 90.32' Yi�f 9.40' (TIE) 1 OF 1
Lay_:� S00'48 26 W 15.52 _ _ _ 2308.10'
- - -
N89'11'30"W 348.37' - - '
POINT OF
\ BEGINNING
BASIS OF BEARINGS_ /
POINT OF COMMENCEMENT N89111'307W 2656.47' + E N G I N E E R I N G
FOUND ALUMINUM CAP TM Crossing FOUND ALUMINUM CAP 5725 N.DISCOVERY WAY
p BOISE,IDAHO 83713
4 W 1/4 CORNER SECTION 14 I CENTER 1/4 CORNER SECTION 14 PHONE(208)639-6939
Subdivision No. 1 kmengllpsom
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Item#12.
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Title: Water and Sewer Easement-DWT Date:03-15-2022
Scale: 1 inch=50 feet File:
Tract 1: 0.245 Acres: 10685 Sq Feet:Closure=n08.2907w 0.00 Feet: Precision=ll737676: Perimeter=759 Feet
001=n89.1130w 90.32 006=n00.4826e 12.57 011=s89.1134e 69.82
002=s00.4826w 15.52 007=n08.4745e 50.42 012=s00.4830w 17.48
003=n89.1134w 20.50 008=s81.1215e 21.00
004=n00.4826e 207.08 009=s08.4745w 48.95
005=s89.1134e 20.00 010=s00.4826w 185.19
Page 164