Ten Mile Creek Apartments Private Rd. Sanitary Sewer and Water Main ESMT-2023-0037 (2023-015110) ADA COUNTY RECORDER Trent Tripple 2023-015110
BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 03/15/2023 12:15 PM
CITY OF MERIDIAN, IDAHO NO FEE
ESMT-2023-0037
Ten Mile Creek Apartments Private Road
Sanitary Sewer & Water Main Easement
A ATE AWN EASE
i6 Jwil�Lull
THIS Easement Agreement, made thisl4thday of March 2023 between
("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: SCS BRIGHTON LLC
By:Brighton Corporation, It's Manager
W-77�
Robert L. Phillips, President of Brighton Corporation, Manager
STATE OF IDAHO )
ss
County of Ada )
On this(s day of March,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 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 the certificate
first above written.
L
SHARI VAUGHAN Notary Signature
Notary Public-State of Idaho My Commission Expires:_(a—
Commission Number 20181002
My Commission Expires Jun 1, 2024
Sanitary Sewer and Water Main Easement REV.0 1/0 1/2020
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor 3-14-2023
Attest by Chris Johnson,City Clerk 3-14-2023
STATE OF IDAHO, )
: ss.
County of Ada )
This record was acknowledged before me on 3-14-2023 (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
EXHIBIT A
DESCRIPTION FOR
CITY OF MERIDIAN SEWER AND WATER LINE EASEMENT
TEN MILE CREEK APARTMENTS
A portion of Lots 2 and 3, Block 3 of TM Creek Subdivision No. 4 as filed in
Book 117 of Plats at Pages 17944 through 17947, records of Ada County, Idaho and a
portion of the NW1/4 of Section 14, T.3N., RAW., B.M., Ada County, Idaho more
particularly described as follows:
BEGINNING at the SW corner of said Lot 2;
thence along the West boundary line of said Lot 2 North 00028'39" East, 15.90
feet;
thence leaving said West boundary line South 89028'24" East, 187.15 feet;
thence North 62058'40" East, 25.12 feet;
thence North 27001'20" West, 3.64 feet;
thence North 62058'40" East, 10.00 feet;
thence South 27001'20" East, 3.64 feet;
thence North 62058'40" East, 22.49 feet;
thence South 89026'19" East, 213.92 feet;
thence North 00033'41" East, 21.36 feet;
thence South 8902619" East, 15.26 feet;
thence South 00033'41" West, 21.36 feet;
thence South 89026'19" East, 179.56 feet;
thence North 00033'41" East, 7.79 feet;
thence South 89026'19" East, 10.00 feet;
thence South 00033'41" West, 7.79 feet;
thence South 89026'19" East, 175.94 feet;
thence North 00033'41" East, 21.60 feet;
thence South 89026'19" East, 14.27 feet;
thence South 00033'41" West, 21.60 feet;
thence South 89026'19" East, 20.67 feet;
thence South 00033'41" West, 31.00 feet;
Page 1 of 2
thence North 89'26'19" West, 78.91 feet;
thence South 00054'53" West, 35.07 feet;
thence North 89005'07" West, 20.00 feet;
thence North 00054'53" East, 34.94 feet;
thence North 89°26'19" West, 351.64 feet;
thence South 00054'53" West, 34.96 feet;
thence North 89005'07" West, 20.00 feet;
thence North 00054'53" East, 34.84 feet;
thence North 89026'19"West, 132.02 feet;
thence South 62058'40" West, 77.03 feet;
thence North 89028'24" West, 57.83 feet;
thence South 46051'21" East, 82.72 feet;
thence South 43008'39" West, 20.00 feet;
thence North 46051'21" West, 104.45 feet;
thence North 89028'24" West, 109.58 feet to a point on the West boundary line
of said Lot 3;
thence along said West boundary line North 00033'33" East, 24.10 feet to the
REAL POINT OF BEGINNING.
7729
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Page 2 of 2
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