Ten Mile Creek Phase 3 Apartments Sanitary Sewer and Water Main Easement No. 2 ESMT-2022-0213 (2022-072456) ADA COUNTY RECORDER Phil McGrane 2022-072456
BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 08/17/2022 09:16 AM
CITY OF MERIDIAN, IDAHO NO FEE
ESMT-2022-0213 Ten Mile Creek Phase 3 Apartments
Sanitary Sewer and Water Main Easement No. 2
SANITARY SEWER AND WATER MAIN EASEMENT
THIS Easement Agreement, made this16thday of August 2022 between
SCS Brighton Altair 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
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 TEXTS; SIGNATURE TO FOLLOW]
Sanitary Sewer and Water Main Easement REV.01/01/2020
GRANTOR: SCS BRIGHTON ALTAIR LLC
By: Brighton Corporation,an Idaho corporation
By:_ e'll
Robert L. Philli , President
STATE OF IDAHO ]
:SS.
County of Ada
On this 3r day of August,2022,before me a Notary Pubic os said State,personally appeared
Robert L. Phillips, known or identified to me to be the President of Brighton Corporation,the Manager
of SCS Brighton Altair LLC,the Company that executed the instrument or the person sho 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 by official seal the day and year in
this certificate first above written.
a � - � - - �—L
(5 mp) SHARI VAUGHAN
Notary Public-State of Idaho Notary Signature
Commission Number 20181002 _ 1,aoa
My Commission Expires Jun 1, 2024 My Commission Expires:
GRANTEE: CITY OF MERIDIAN
Robert E. Simison,Mayor 8-16-2022
Attest by Chris Johnson, City Clerk 8-16-2022
STATE OF IDAHO, )
. ss.
County of Ada )
This record was acknowledged before me on 8-16-2022 (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-
Sanitary Sewer and Water Main Easement REV.01/01/2020
EXHIBIT A
Description for
City of Meridian Utility Easement
Ten Mile Creek Apartments Subdivision
A portion of the NE1/4 of the NW1/4 of Section 14, T.3N., R.1W., Boise Meridian, City of
Meridian, Ada County, State of Idaho, being more particularly described as follows:
Commencing the W1/16 corner of said Section 14 from which the N1/4 corner of said
Section 14 bears South 89°09'27" East 1329.00 feet;
thence South 33012'40" East, 447.76 feet to a point on the East boundary line of Lot 3,
Block 3 of Ten Mile Creek Subdivision No.4 as filed in Book 117 of Plats at Pages 17944-17947,
records of Ada County, Idaho, said point also being the REAL POINT OF BEGINNING;
thence along said East boundary line South 00034'31" West, 30.00 feet;
thence leaving said East boundary line North 89026'24" West, 60.57 feet;
thence South 00033'36" West, 8.00 feet;
thence North 89026'24"West, 69.80 feet;
thence South 45033'36" West, 22.26 feet;
thence South 00033'39" West, 123.53 feet;
thence South 89026'21" East, 52.37 feet;
thence South 00°33'08" West, 52.59 feet;
thence North 89026'52"West, 37.00 feet;
thence North 00°33'08" East, 28.89 feet;
thence North 8902621"West, 35.37 feet;
thence North 00033'39" East, 149.55 feet;
thence North 8902621" West, 9.66 feet;
thence North 00042'53" East, 10.00 feet; ENSFG G9�
o �
thence South 89026'21" East, 13.28 feet; a 7729
thence North 45033'36" East, 65.45 feet; 51I(Z"L-�o
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thence North 43008'39" East, 20.00 feet; 9��ORV G.Gv-
thence South 46051'21" East, 28.94 feet;
thence South 89°26'24" East, 81.35 feet to the REAL POINT OF BEGINNING.
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