Ten Mile Creek Apartments Private Road Sanitary Sewer and Water Main Easment No. 1 ESMT-2023-0056 (2023-019379) ADA COUNTY RECORDER Trent Tripple 2023-019379
BOISE IDAHO Pgs=9 CHE FOWLER 04/05/2023 08:07 AM
CITY OF MERIDIAN, IDAHO NO FEE
Ten Mile Creek Apartments Private Road
SanitarN Sewer&Water Main Easement Number:
I
Identify Ihi.,,Easement by sequential number if Project contains
ore, Z
more than one easement of this type.
(See
e
See Instructions for additional information).
SANITARY SEWER AND AATEH MAIN EASEMED11
TFUS Easement Agreement, made this 4th day of April 2023 between
SCS TM Creek LLC, DWT Investments LLC and SCS Brighton Altair 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 to 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 14AVE 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.
[END OF TEXT; SIGNATURES TO FOLLOW]
Sanitary Sewer and Water Main Easement REV 01/01/2020
GRANTOR: SCS TM CREEK LLC,
an Idaho limited liability company
By: SCS Management LLC
an Idaho limited liability company, Manager
By: "� 4 �
Michael A. Hall, President
STATE OF IDAHO )
.SS.
County of Ada )
On this 30 day of March, 2023,before me a Notary Public of said State,personally appeared Michael
A. Hall, known or identified to me to be the President of SCS Management LLC, the Manager of SCS TM
Creek 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
I ( )(stamp) L I
l/�.�•t v�
Notary Signature
SHARI VAUGHAN My Commission Expires: (9 aDoL`A
tj Notary Public-State of Idaho
' Commission Number 20181002
tMy Commission Expires Jun 1, 2024
GRANTOR: DWT INVESTMENTS LLC
an Idaho limited liability company
By: Brighton Corporation, an Idaho corporation,
Manager
Robert L. Phillips, President
STATE OF IDAHO )
.SS.
County of Ada )
On this 30 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 DWT
Investments 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
(stamp)
SHARI VAUG Nary Signature
Notary Public-Statete of
ot of Idaho My Commission Expires'
Commission Number 20181002
My Commission Expires Jun 1, 2024
GRANTOR: SCS BRIGHTON ALTAIR LLC
an Idaho limited liability company
By: Brighton Corporation, an Idaho corporation,
Manager
By,
Robert L. Phillips, President
STATE OF IDAHO )
.SS.
County of Ada }
On this 30 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 Altair 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
a
EN.
ARI VAUGHAN Notary Signature /
blic-State of Idaho [ My Commission Expires:
n Number 20181002 �.
on Expires Jun 1, 2024
GRANTEE: CITY OF MERIDIAN
Robert E. Simison,Mayor 4-4-2023
Attest by Chris Johnson, City Clerk 4-4-2023
STATE OF IDAHO, )
: ss.
County of Ada )
This record was acknowledged before me on 4-4-2023 (date) by
Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in
their capacities as Mayor and City Clerk, respectively.
(stamp)
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 0003341" East, 15.90
feet;
thence leaving said West boundary line South 89028'24" East, 187.12 feet;
thence North 62058'40" East, 25.12 feet;
thence North 2700120"West, 3.64 feet;
thence North 62°58'40" 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 89'26'19" East, 15.26 feet;
thence South 00°33'41" 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 89026'19" 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 8902619" 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 00033'41" East, 24.10 feet to the
REAL POINT OF BEGINNING.
NS
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7729
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Page 2 of 2
i
S89'26'19"E
15.26'
N00'33'41"E L8 L11
N00'33'41"E
O L5 21.36'� L7 �L9 L10� L12
7.79'
L4 L6 L13
L1 L3 _ S89'_26'19"E 213.92'_ _ -1 S89'26'i9"E 179.56_' S89'26'19"E 175.94'
RPOB S89'28'24"E 187.12' L2- v
SW CORNER - - - - - - - i _ _ T r
OBLLOT 2,OCK 3 d �L19 - L18 I/�500'54'53"W N89'26'19'W 351.64' / L15
I
N00-54'S3"E 34.96' !J
L23 �> i 34.84' N00'54'53"E
(2 i N89'05'07"W L77
34.94'
�S62'58'40"W 20.00'
LJ
77.03' I
Q � I
L21 Line Table Line Table
Li
O Line Bearing Length Line Bearing Length t
z_
t` L1 N00'33'41"E 15.90' L13 S89'26'19"E 20.67'
I TM CREEK SUBDIVISION NO 4
3 I L2 N62-58.40"E 25.12' L14 S00'33'41"W 31.00'
t
t/1 O L3 N27'01'20"W 3.64' L15 N89'26'19"W 78.91' I
I L4 N62'58'40"E 10.00' L16 I S00'54'53"W 35.07' I
BLOCK 3
I L5 I S27'01'20"E 3.64' L17 N89'05'07"W 20.00' I
L6 I N6258'40"E 22.49' L18 N89'26'19"W 132.02'
p S,G L7 S00'33'41"W 21.36' L19 N89'28'24"W 57.83'
\C L8 S89'26'19"E 10.00' L20 S46'51'21"E 82.72'
� L9 S00'33'41"W 7.79' L21 S43'08'39"W 20.00'
a 7729
N ?>\Z'�,�,�Z0 L10 N00'33'41"E 21.60' L22 N46'51'21"W 104.45'
L11 S89'26'19"E 14.27' L23 N89'28'24"W 109.58'
C�1'G.CP� L12 SOO'33'41"W 21.60' L24 NOO-33.41"E 24.10'
_4 P:\I.MI"CUM Ap-21-.H1\d"\-MY I-AW SMMIa MM"2 E-d9 3/28/2523 It 39 57 PM
Scale: 1"=100' IDAHO Exhibit .�_ Drawing for Jon No.
21-341
9e551N.EMEMM0er. TEN MILE CREEK APARTMENTS Sheet No.
o zs so 100 zoo SURVEY PM, °0T06 CITY OF MERIDIAN SEWER AND WATER EASEMENT
GROUP, LLC Located In The NW/4 of Section 14, Dwg. Dote
T.3N., RAW., B.M., Ado County, Idaho 3/25/2-3