Records Apartments Sanitary Sewer and Water Main Easement No. 2 ESMT-2022-0252 (2022-093568) ADA COUNTY RECORDER Phil McGrane 2022-093568
BOISE IDAHO Pgs=7 ANGIE STEELE 11/17/2022 08:43 AM
CITY OF MERIDIAN, IDAHO NO FEE
EMT-2022-0252 Records Apartment
Sanitary Sewer and Water Main Easement NO.
SANITARY �';.;-EWER AND. WATER MAIN EA, ENT
THIS Easement Agreement, made thislSthday of November 20 22 between
DVVT Investments LLC and BVZ Records Village,LLC (b6Grantor") and the City of Meridian,an Idaho
Municipal Corporation ("Grantee"),
WHEREAS, the Grantor desires to provide a sanitary sewer and water 111ain 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 frorn 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 stain Easement REV.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.
Signatures on Following Page
Sanitary Sewer and Water Main Easement REV.01/01/2020
GRANTOR: DWT INVESTMENTS LLC, an Idaho limited
liability company
By: Brighton Corporation, an Idaho corporation
Its: Manager
By:
Robert L. Phillips, President
STATE OF IDAHO }
:SS.
County of Ada
This record was acknowledged before me on �AA w V/ , 2022 by Robert L. Phillips, as
President of Brighton Corporation, on behalf of DWT Investments LLC,as its Manager.
V�
=MCCURRYRRY Notary Signatur9528ICO My commission expires:MY CS O4Ji512023
Sanitary Sewer and Water Main Easement
BVZ RECORDS VILLAGE, LLC, an Idaho limited
liability company
By: BV Management Services, Inc.,an Idaho
corporation,
Its: Manager
By:
ortna y Liddiard, Pr ident
STATE OF IDAHO )
:SS.
County of Bonneville )
This record was acknowledged before me on_(�c ��v a i1 , 2022 by Cortney Liddiard, as
President of BV Management Services, Inc,on behalf of BVZ Records Village LLC as its Manager.BRANDILOVE 1
COMMISSION NO. 37925 Notary Signature
NOTARY PUBLIC
STATE OP IDAHO My commission expires:
MY COMMISSION EXPIRES 04/1226
Sanitary Sewer and Water Main Easement
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, ayor 11-15-2022
1 f ! CJ(��iD`IAN
Atte "6y Chris nson,`�i(y1` 11-15-2022
STATE OF IDAHO, )
: ss.
County of Ada )
This record was acknowledged before me on 11-15-2022 (date) by
Robert E. S i m i s o 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 PUBLIC Notary Signature
STATE OF IDAHO 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
October 5,2022
Project No.21-225
Brighton Corporation
Sewer and Water Easement
Legal Description
Exhibit A
A parcel of land situated in a portion of the Southeast 1/4 of the Southwest 1/4 of Section 4,Township 3 North,
Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho and being more particularly described as
follows:
Commencing at a found aluminum cap marking the South 1/4 corner of said Section 4,which bears S89°22'45"E
a distance of 2659.59 feet from a found aluminum cap marking the Southwest corner of said Section 4,thence
following the easterly line of the Southeast 1/4 of the Southwest 1/4 of said Section 4, N00`32'11"E a distance
of 55.26 feet to a found 5/8-inch rebar on the northerly right-of-way line of E. Fairview Avenue and being the
POINT OF BEGINNING.
Thence leaving said easterly line and following said northerly right-of-way line, N89'35'57"W a distance of 14.50
feet;
Thence leaving said northerly right-of-way line,N00°32'11"E a distance of 736.97 feet to a point on the southerly
right-of-way line of E. Eldon Gray Street;
Thence following said southerly right-of-way line,S89'35'58"E a distance of 14.50 feet to a found brass plug on
the easterly line of the Southeast 1/4 of the Southwest 1/4 of said Section 4;
Thence leaving said southerly right-of-way line and following said easterly line, S00'32'11"W a distance of
736.97 feet to the POINT OF BEGINNING.
Said parcel contains 0.245 Acres, more or less, and is subject to all existing easements and/or rights-of-way of
record.
All subdivisions, deeds, record 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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5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939 • kmengllp.com
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cc BASIS OF BEARING POINT OF COMMENCEMENT
FOUND ALUMINUM CAP FOUND ALUMINUM CAP
SOUTHWEST CORNER E. Fairview Avenue
SECTION 4 SOUTH 1/4 CORNER
SECTION 4
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Plan Scale: 1" = 150'
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- E N G I N E E R I N G
m 572S NORTH DISCOVERY WAY
w BOISE,IDAHO 83713
PHONE(2081639.6939 Exhibit B - Sewer and Water Easement
kme"gllp.com Records Apartments
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DATE: Oct ob er202 2
PRO JFT: 2 1225
SHEET: A parcel of land situated in a portion of the SE 1/4 of the SW 1/4 of Sec. 4,
1 OF 1 T3N, R1E, B.M., City of Meridian, Ada County, Idaho