TM Crossing Subdivision No. 5 Sanitary Sewer and Water Main Easement No. 2 ESMT-2022-0149 (2022-033774) ADA COUNTY RECORDER Phil McGrane 2022-033774
BOISE IDAHO Pgs=8 CHE FOWLER 04/06/2022 08:06 AM
CITY OF MERIDIAN, IDAHO NO FEE
ESMT-2022-0149 TM Crossing Subdivision NO. 5
Sanitary Sewer and Water Main Easement No. 2
S I
TFUS Easement Agreement, made this 5th day of April 2022 between
BVASB Ten Mile Retail Food Building 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 _ e 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 )
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
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: BVASB TEN MILE RETAIL FOOD BUILDING, INC.
an Idaho limited liability company
By: BV Management Services, Inc., Executive Manager
By -
ortney Liddiard, Preid
ent
By: Brighton Corpor tion, Executive Manager
By:
Robert L. Phillips, President
STATE OF IDAHO }
:ss.
County of Bonneville }
On this the day of August, in the year 2021, before me a Notary Public of said State,
personally 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 WITESS WHEREOF, I have hereunto set my hand and affixed by official seal the day and year in
this certificate first written above.
BRANDI LOVE
COMMISSION NO. 37925
NOTARY PUBLIC Notary Public for Idaho
STATE OF IDAHO My Commission expires: �-AAa -ao
MY COMMISSION EXPIRES 04112126
STATE OF IDAHO
:SS.
County of Ada 7
On thisC !' day of August, in the year 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
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 seal the day and year
in this certificate first written above.
EN.tar.y'PHublic
IVAUGHAN
-State of IdahoNotary Public for Idaho
Number 20181002 My Commission expires:—
Expires Jun 1, 2024
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 3-28-2028
My Commission Expires_
Sanitary Sewer and Water Main Easement REV.01/01/2020
Item#13.
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 355.97 feet to the POINT
OF BEGINNING.
Thence leaving said southerly line, N00°48'26"E a distance of 3.88 feet;
Thence N89°11'34"W a distance of 97.92 feet;
Thence N00'48'26"E a distance of 15.52 feet;
Thence S89°11'30"E a distance of90.32 feet;
Thence N00.48'26"E a distance of 17.48 feet;
Thence S89.11'34"E a distance of40.56 feet;
Thence N00°48'26"E a distance of 15.50 feet;
Thence S89.11'34"E a distance of 26.00 feet;
Thence S00'48'26"W a distance of 48.50 feet;
Thence N89'11'34"W a distance of 38.95 feet;
Thence S00.48'26"W a distance of 3.88 feet to the southerly line of said Southwest 1/4;
Thence following said southerly line,N89.11'30"W a distance of 20.00 feet to the POINT OF BEGINNING.
Said parcel contains 4,079 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. gti
.e
12459 0 to
OF
5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939• kmenglip.com
Page 171
P:\21-050\CAD\SURVEY\EKHIBITS121-0SO CITY OF MERIDIAN WATER AND SEWER EASEMENT6VASB.DWG,AARON WLARD,3/2512022,\\%MEBOIDCI\TOSHISA E FWV0 907,—
3
ilk L'n
S. Ten Mile Rd. W
moo
C z
00 /o
o r
zKo I co - 0
r
r
DI zo O O O
KM
O '°m { o Ln K
z z m
4 ) N r
r Ln
I
�p lip.
V
l♦
p II'\ U)
f 00 (SOD
z C7 8.4 1 ltD
cppD. Z-I OD f_
N �W O O
c OD z W o CO m V CID O a
r+
0— Z L4 ID o �o
I �o W OD r �•
<' W Cn N Z P° I m N I (�
Vf' n O �Q Z �N Z W N --% 'O
p' EA TEA CD p_ o \ O
o Ln LP)
5' �z
o \ J N a.
o '
z
to 0 — cn 0)ao z ;��,J m crl
�i
V— +IN I I� G J
C
�
co W 1 m* (O 4 C
o
Y O ro J o rn
c 0W
all Z'
Do
zI I S 40 8 26W" rn N
O I
z N I 1 ® o
o � < I I �,
00 I in 1 os O
o Z I! I N N m �-1 h
I 3
m i o Cp D W y
X D Ln — m v r cn 0 TI ro
NC: q 0 n 0 0 o � r- c
m — I 00 r -_1 C7 Z N
O K 0 m m z D LnILn
C
z � 0 v Z o c o0
-4v \ N m z
_ M M o c
v v
D r
;1 Z
m o
z o m Exhibit B
S Q 1m a -.
xz0z- City of Meridian Water Easement
3mm-
m
0
a'0Om TI
B �mA 3
K N A Situated in a portion of SW 1/4 of the NW 1/4 of
w N 2
K z yo o Section 14, T.3N., RAW., B.M., City of Meridian, Ada County, ID
v
V
N
Item#13.
26.00
[4'1i34'c
40.56 �rys 3
s89111134"e ,� o
90.32 Q v
0
s89111130"e a
n89°11134"w _n89°11'34"w H
97.92 '� 38.95
Title: Sewer and Water Easement-BVASB Date:03-15-2022
Scale: 1 inch=50 feet File:
Tract 1: 0.094 Acres: 4079 Sq Feet:Closure=n81.2538w 0.01 Feet: Precision=1/41467: Perimeter=419 Feet
001=n00.4826e 3.88 006=s89.1134e 40.56 011=s00.4826w 3.88
002=n89.1134w 97.92 007=n00.4826e 15.50 012=n89.1130w 20.00
003=n00.4826e 15.52 008=s89.1134e 26.00
004=s89.1130e 90.32 009=s00.4826w 48.50
005=n00.4826e 17.48 010=n89.1134w 38.95
Page 173