S Benchmark Ave. Crossing Sanitary Sewer and Water Main Easement No.1 ESMT-2023-0002 (2023-009254) ADA COUNTY RECORDER Trent Tripple 2023-009254
BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 02/15/2023 08:15 AM
CITY OF MERIDIAN, IDAHO NO FEE
ESMT-2023-0002 S. Benchmark Ave. Crossing
Sanitary Sewer and Water Main Easement No. I
5ANSANITARYEWE AND KI&I wilm LAQLE&%U1=
THIS Easement Agreement, made this"th day ofJ&bn1= 2023 between
SCS Brighton, 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 13)
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 V.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.
[END OF TEXT; SIGNATURES TO FOLLOW]
Sanitary Sewer and Water Main Easement REV.01/01/2020
GRANTOR: SCS BRIGHTON LLC
an Idaho limited liability company
By: Brighton Corporation, an Idaho corporation,
Manager
B :
Robert L. Phillips, President
STATE OF IDAHO }
ss.
County of Ada )
On this, day of_ in the year of 2023, before me a Notary Public of
said State, personally appearetpobert UPhillips, known or identified to me to be the President
of Brighton Corporation, the Manager of SCS Brighton LLC, the company that executed the
instrument or the person who 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 my official seal the
day and year in this certificate first above written.
w�
SHARI VAUGHAN Notary Public for Idaho II -1 /
Notary Public-State of Idaho My Commission expires l0 "� d-D Commission Number 20181002
My Commission Expires Jun 1, 2024
GRANTEE: CITY OF MERIDIAN
Robert E. Simison,Mayor 2-14-2023
Attest by Chris Johnson,City Clerk 2-14-2023
STATE OF IDAHO, )
. ss.
County of Ada )
This record was acknowledged before me on 2-14-2023 (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
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E N G I N E E R I N G
January 3,2023
Project No.21-216
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 Northwest 1/4 of
the Northeast 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 North 1/4 corner of said Section 14,which bears
N89°13'12"W a distance of 2,657.79 feet from a found aluminum cap marking the Northeast corner of said
Section 14;
Thence following the northerly line of said Northwest 1/4 of the Northeast 1/4,S89°13'12"E a distance of
268.68 feet;
Thence leaving said northerly line,S00°46'48"W a distance of 876.88 feet to the northerly line of a parcel as
described in Warranty Deed per Instrument No.2022-096315, records of Ada County, Idaho,and being the
POINT OF BEGINNING.
Thence following said northerly parcel line,S85°08'26"E a distance of 47.75 feet;
Thence leaving said northerly parcel line,SO4°51'34"W a distance of 26.00 feet;
Thence N85°08'26"W a distance of47.75 feet;
Thence N04°51'34"E a distance of 26.00 feet to the POINT OF BEGINNING.
Said parcel contains 1,242 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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POINT OF COMMENCEMENT
N 1/4 CORNER SECTION 14 NE CORNER SECTION 14
11 /.-FOUND ALUMINUM CAP BASIS OF BEARING FOUND ALUMINUM CAM 12
_ N89'13'12"W 2657.79'
14� 268.68 — — 2389. '
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POINT OF BEGINNING
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3 ADJACENT BOUNDARY LINE
—— ————— — EASEMENT LINE
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N Plan Scale: 1" =40'
E N G I N E E R I N G
e 5725 NORTH DISCOVERY WAY
W BOISE,IDAHO 83713
W PHONE(208)639-6939 Exhibit B
j kmengllp.ca� City of Meridian Water and Sewer Easement
DATE: January 2023 1
¢ PROJECT 21-216�
SHEET: A portion of the Northwest 1/4 of the Northeast 1/4 of Section 14,
N 1 OF 1 Township 3 North, Range 1 West, B.M., City of Meridian,Ada County,Idaho
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Title: Date:01-02-2023
Scale: 1 inch= 10 feet File: Deed Plotter.des
Tract 1: 0.029 Acres: 1242 Sq Feet:Closure=n00.0000e 0.00 Feet: Precision>1/999999: Perimeter= 148 Feet
001=s85.0826e 47.75 003=n85.0826w 47.75
002=s04.5134w 26.00 004=n04.5134e 26.00