TM Creek Subdivision No. 1 Sanitary Sewer and Water Main Easement No. 1 ESMT-2022-0210 (2022-072451) ADA COUNTY RECORDER Phil McGrane 2022-072451
BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 08/17/2022 09:15 AM
CITY OF MERIDIAN, IDAHO NO FEE
ESMT-2022-0210 TM Creek Subdivision No. 1
Sanitary Sewer and Water Main Easement No. 1
SANITARY SEWER AND WATER MAIN EASEMENT
THIS Easement Agreement, made this 16thday of August 20 22 between
_Brighton Corporation ("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.
GRANTOR: BRIGHTON CORPORATION
Robert L. 4hillips, President
STATE OF IDAHO )
) ss
County of Ada )
This record was acknowledged before me on 81 120222 (date) by
Robert L. Phillips (name of individual), [complete the following if signing in a
representative capacity, or strike the.following if signing in an individual capacity] on
behalf of —Brighton Comoration (name of entity on behalf of whom record was
executed), in the following representative capacity:_President (type
of authority such as officer or trustee)
SHARI VAUGHAN
E-m- - --
otary Public-State of Idaho
mmission Number 20181002 Notary Signature
ommission Expires Jun 1, 202a My Commission Expires:, — oZ
Sanitary Sewer and Water Main Easement REV.0 1/0 1/2020
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: 3-28-2028
Sanitary Sewer and Water Main Easement REV.01/01/2020
km
E N G I N E E R I N G
J u ly 26,2022
Project No.:21-172
TM Creek Subdivision No. 1
City of Meridian Water/Sewer Easement
Legal Description
Exhibit A
A parcel of land being a portion of Lot 1, Block 1 of TM Creek Subdivision (Book 110 of Plats, Pages
15663-15666, records of Ada County, Idaho) and the Northwest 1/4 of the Northwest 1/4 of Section 14,
Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho being more
particularly described as follows:
Commencing at a brass cap marking the Northwest corner of said Section 14,which bears N00.33'33"E a
distance of 2,658.39 feet from an aluminum cap marking the West 1/4 corner of said Section 14,thence
following the westerly line of the Northwest 1/4 of said Section 14,S00°33'33"W a distance of 1,225.61
feet;
Thence leaving said westerly line,S89.26'27"E a distance of 348.53 feet to the southerly line of Lot 1,
Block 1 of TM Creek Subdivision No. 1 and being the POINT OF BEGINNING.
Thence leaving said southerly line, N10°13'14"E a distance of 20.53 feet to the southerly right-of-way
line of West Cobalt Drive;
Thence following said southerly right-of-way line the following two (2) courses:
1. 25.08 feet along the arc of a curve to the right, said curve having a radius of 473.50 feet, a delta
angle of 03°02'06", a chord bearing of S84°17'27"E and a chord distance of 25.08 feet;
2. S10.13'14"W a distance of 19.48 feet to said southerly line of Lot 1, Block 1;
Thence leaving said southerly right-of-way line and following said southerly line, N86°40'15"W a
distance of 25.18 feet to the POINT OF BEGINNING.
Said parcel contains a total of 503 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.
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5725 North Discovery Way • Boise, Idaho 83713 • 208,639.6939 • kmengllp.com
POINT OF COMMENCEMENT
NORTHWEST CORNER SECTION 14
FOUND BRASS CAP
TM Creek
Subdivision No. 1
I Lot 1, Block 1
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Subdivision No. 1 W. Cobalt Dr.
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LINE TABLE
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WEST 1/4 CORNER
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FOUND ALUMINUM CAP
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W BOISE,IDAHO 83713
PHONE(208)639-6939 Exhibit B - City of Meridian Water/Sewer Easement
kmengllp.com Lot 1, Block 1, TM Creek Subdivision No. 1
DATE: July2022 1
PROJECT: 21-172
SHEET: A Portion of the Northwest 1/4 of the Northwest 1/4 of Section 14,
1 OF 1 T3N., R1W., B.M., City of Meridian, Ada County, Idaho