Ten Mile Storage Water Main Easement No. 1 ESMT-2023-0020 (2023-009255) ADA COUNTY RECORDER Trent Tripple 2023-009255
BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 02/15/2023 08:15 AM
CITY OF MERIDIAN, IDAHO NO FEE
ESMT-2023-0020 Ten Mile Storage
Water Main Easement No. I
WATER MAIN EASEMENT
THIS Easement Agreement, made this 14th day of February 20 23 between SCS Brighton Ten Mile Storage LLC
("Grantor"), and the City of Meridian, an Idaho Municipal Corporation("Granteffl
WHEREAS,the Grantor desires to provide a water main right-of-way across the premises and
property hereinafter particularly bounded and described; and
WHEREAS, the water main 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 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 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.
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
Water Main Easement Version 01/01/2020
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; SIGNATURE TO FOLLOW]
Water Main Easement Version 01/01/2020
GRANTOR: SCS BRIGHTON TEN MILE STORAGE LLC
an Idaho limited liability company
By: Brighton Corporation, an Idaho corporation,
Manager
By: L
Robert L. Phillips, President
STATE OF IDAHO
:SS.
County of Ada
On this 6i�L day of January, in the year 2023, before me a Notary Public of said State, personally
appeared Robert L. Phillips, known or identified to me to be the President of Brighton Corporation,the
Manager of SCS Brighton Ten Mile Storage LLC,the company that executed the instrument of 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 written above.
a�
SHARI VAUGHAN Notary Public
Notary Public-State of Idaho My Commission Expires:
Commission Number 20181002
y Commission Expires Jun 1, 2024 Im—
4
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
Water Main Easement Version 01/01/2020
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E N G I N E E R I N G
January 30,2023
Project No.20-209
Water Easement
Legal Description
Exhibit A
A parcel of land for a Water Easement over a portion of Lot 4, Block 1 of Frontline Subdivision(Book 124 of
Plats, pages 19876-19879),situated in 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 561.64 feet;
Thence leaving said northerly line,S00°46'48"W a distance of 685.46 feet to the POINT OF BEGINNING.
Thence S89'09'21"E a distance of 5.00 feet to an existing Water Main Easement as described per Instrument
No.2022-006436;
Thence following said existing Water Main Easement the following two (2)courses:
1. S00°50'39"W a distance of 28.95 feet;
2. N89'09'21"W a distance of 5.00 feet;
Thence leaving said existing Water Main Easement,N00°50'39"E a distance of 28.95 feet to the POINT OF
BEGINNING.
Said parcel contains 145 square feet,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.
Attached hereto is Exhibit B and by this reference is made a part hereof.
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