TM Creek Subdivision No. 5 Sanitary Sewer and Water Main Easement No. 1 ESMT-2022-0215 (2022-072453) Re-Recorded (2022-077901) ADA COUNTY RECORDER Phil McGrane 2022-072453
BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 08/17/2022 09:15 AM
CITY OF MERIDIAN,IDAHO NO FEE
ADA COUNTY RECORDER Phil McGrane 2022-077901
BOISE IDAHO Pgs=10 VICTORIA BAILEY 09/08/2022 11:14 AM
CITY OF MERIDIAN, IDAHO NO FEE
Re-Record to correct Grantor and add additional Notary Page for Grantor change by Omitting page 3 and adding page 4 and 5.
ESMT-2022-0215 Th1 Creek Subdivision No.5
Sanitary Sewer and Water Main Easement No. 1
aANITa&Y U3U- AJ AU ER MAIN EASE Y LU
THIS Easement Agreement, made this'16tVday of AugUSt 2o22 between
scsarj@tQn Flats Lt.C,AaJd.ac.Limitea-.►ar 44y.company __ , ("Gran for") and the City of Meridian, an Idaho Municipal
SCS Brighton Flats, LLC and SCS Brighton 11 LLC. 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
ADA COUNTY RECORDER Phil McGrane 2022-072453
BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 08/17/2022 09:15 AM
CITY OF MERIDIAN, IDAHO NO FEE
Re-Record to correct Grantor and add additional Notary Page for Grantor change by Omitting page 3 and adding page 4 and 5.
ESMT-2022-0215 TM Creek Subdivision No. 5
Sanitary Sewer and Water Main Easement No. 1
,SANITARY SEVYER AND WATER MAIN EASEMENT
THIS Easement Agreement, made this 16ftay of August 2022 between
SGSBrJghLon Flats LI.1,AaJdalao.Limited-6"4 -Company_ W� ("Gran for") and the City of Meridian, an Idaho Municipal
SCS Brighton Flats, LLC and SCS Brighton II LLC. 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 f'or an easement f'or 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 f'or 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 f'or 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
Page 2
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 t entioned and described tra d, and that Grantor has a
good and lawful rig h y said easement, and t or will warrant and forever
defend the title and q ession thereof aga' awful claims of all persons
whomsoever.
THE COVENANTS OF G mad shall be binding upon Grantor's
successors,assigns,heirs,perso a urchasers, or transferees of any kind.
IN WITNESS WHEREOF, the sai e first part have hereunto subscribed their
signatures the day and year first here' ritten.
GRANTOR: SCS Brighton Flats LL
Robert L.Phillips, President of Manager Br' ation
STATE OF IDAHO )
) ss
County of Ada )
This record was acknowledged before me on 4RIA. (date) by
Robert L.Phillips (name of individual), [complete the fol owing if signing in a
representative capacity, or strike the following if signing in an individual capacity] on
behalf of SCS Brighton Flats LLC (name of entity on behalf of whom record was
executed), in the following representative capacity: President of Manager Brighton Corporation (type
of authority such as officer or trustee)
MCCURRY
COMMISSION M520
NOTARY PUBLIC Notary SignaturC r�
STATE OF IDAHO My Commission Expires: Z
MY COMMISSION EXPIRES MIS2023
Sanitary Sewer and Water Main Easement REV.01/01/2020
Page 3
GRANTORS: SCS BRIGHTON FLATS LLC
an Idaho limited liability company
By: Brighton Corporation, an Idaho corporation,
Manager
By:_ C
Robert L. P illips, President
STATE OF IDAHO )
) SS
County of Ada )
This record was acknowledged before me on August 25, 2022, by Robert L. Phillips on behalf of SCS
Brighton Flats LLC, in the following representative capacity: President of Manger, Brighton Corporation.
(Seal)
SHARI VAUGHAN Notary Signature -1 `
Notary Public-State of Idaho My Commission Expires: W
Commission Number 20181002
My Commission Expires Jun 1, 2024
Page 4
SCS BRIGHTON II LLC
an Idaho limited liability company
By: Brighton Corporation, an Idaho corporation,
Manager
By:
Robert L. Phillips, President
STATE OF IDAHO 7
) SS
County of Ada )
This record was acknowledged before me on August 25, 2022, by Robert L. Phillips on behalf of SCS
Brighton II LLC, in the following representative capacity: President of Manger,Brighton Corporation.
LV'(Seal) vau.
Notary Signature
SHARIVAUGHAN
Notary Public-State of Idaho My Commission Expires:
Commission Number 20181002
024
My Commission Expires Jun 1, 2
Page 5
GRANTEE: CITY OF MERIDIAN
Robert E. Simis n, a 16-2022
=1
SFAT-a
Attest by Cgis Johnson, "a4 lerk 8-16-2022
STATE OF IDAHO, )
: ss.
County of Ada )
This record was acknowledged before me on 8-16-2022 (date) by
Robert E. S i m i so n and Chris Johnson on behalf of the City of Meridian, in
their capacities as Mayor and City Clerk, respectively.
CHARLENE WAY
COMMISSION No. 67390 — -----
Notary Signature
NOTARY PUBLIC My Commission Expires: 3-28-2028
STATE OF IDAHO
Sanitary Sewer and Water Main Easement REV.0 1/0 1/2020
EXHIBIT A
Easement Area Description
A parcel of land situated in a portion of the Northwest 114 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 brass cap marking the Northwest corner of said Section 14,which bears
N89°09'27"W a distance of 2,657.99 feet from a found aluminum cap marking the North 1/4 corner of
said Section 14,thence following the northerly line of said Northwest 1/4,S89°09'27"E a distance of
1,279.26 feet;
Thence leaving said northerly line, S00°50'33"W a distance of 823.01 feet to the easterly right-of-way
line of S. Wayfinder Avenue;
Thence following said easterly right-of-way line,S00°33'41"W a distance of 85.48 feet to the POINT OF
BEGINNING.
Thence leaving said easterly right-of-way line, N90°00'00"E a distance of 125.72 feet;
Thence S00°00'00"E a distance of 28.93 feet;
Thence S90°00'00"E a distance of9.02 feet;
Thence S00°00'00"W a distance of 20.00 feet;
Thence N90°00'00"W a distance of 9.02 feet;
Thence S00°00'00"E a distance of 64.79 feet;
Thence N90°00'00"E a distance of 33.86 feet;
Thence S00°00'00"E a distance of 12.00 feet;
Thence N90°00'00"W a distance of 33.86 feet;
Thence S00°00'00"E a distance of 132.90 feet;
Thence N90°00'00"E a distance of 110.15 feet;
Thence N00°00'00"E a distance of 14.28 feet;
Thence S90°00'00"E a distance of 20.00 feet;
Thence S00°00'00"W a distance of 14.28 feet;
Thence N90°00'00"E a distance of 327.38 feet;
Thence N00°00'00"E a distance of 14.28 feet;
Thence S90°00'00"E a distance of 28.43 feet;
Thence S00°00'00"W a distance of 14.28 feet;
Thence N90°00'00"E a distance of 69.89 feet;
Thence N00°00'00"E a distance of 13.47 feet;
Thence N90°00'00"E a distance of 12.00 feet;
Thence S00°00'00"E a distance of 13.47 feet;
Thence N90°00'00"E a distance of 55.67 feet;
Thence N00°00'00"E a distance of 50.91 feet;
Thence N45°00'00"W a distance of 18.79 feet;
Thence N45°00'00"E a distance of 20.00 feet;
Thence S45°00'00"E a distance of 27.07 feet;
EXHIBIT A to DECLARATION OF EASEMENT
Thence S00°00'00"E a distance of 59.19 feet;
Thence N90000'00"E a distance of 13.99 feet;
Thence S00°00'00"E a distance of 134.46 feet to the northerly right-of-way line of West Cobalt Avenue;;
Thence following said northerly right-of-way line, N89°10'47"W a distance of 20.00 feet;
Thence leaving said northerly right-of-way line, N00°00'00"E a distance of 114.18 feet;
Thence N90*00'00"W a distance of 333.01 feet;
Thence S00°00'00"E a distance of 109.41 feet to said northerly right-of-way line;
Thence following said northerly right-of-way line, N89010'47"W a distance of 20.00 feet;
Thence leaving said northerly right-of-way line, N00°00'00"E a distance of 109.12 feet;
Thence N90000'00"W a distance of 304.52 feet;
Thence N00°00'00"E a distance of 258.62 feet;
Thence N90°00'00"W a distance of 68.81 feet;
Thence S01001'22"E a distance of 13.70 feet;
Thence S88058'38"W a distance of 37.50 feet to the easterly right-of-way line of S.Wayfinder Avenue;
Thence following said easterly right-of-way line, N00033'41"E a distance of 34.37 feet to the POINT OF
BEGINNING.
Said parcel contains 28,829 Sq. Ft. (0.662 acres), 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 is made a part hereof.
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EXHIBIT A to DECLARATION OF EASEMENT
EXHIBIT B
Depiction of Easement Area
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OVERALL VIEW OF SEWER AND WATER EASEMENT
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EXHIBIT B to DECLARATION OF EASEMENT