TM Center Subdivision No. 1 Cafe Zupas Water Main Easement No. 1 ESMT-2023-0076 (2023-029581) Project Name(Subdivision); ADA COUNTY RECORDER Trent Tripple 2023-029581
TM Center Subdivision No. 1 BOISE IDAHO Pgs=8 CHE FOWLER 05/24/2023 08:07 AM
Cafe Zupas Water Main Easement No. 1 CITY OF MERIDIAN, IDAHO NO FEE
ESMT-2023-0076
WATER MAIN EASEMENT
THIS Easement Agreement, made this 23rd day of May , 20 23 between DWT Investments LLC,
SCS Investments LLC and BVB Ten Mile Crossing Annex,LLC,("Grantor"),and the City of Meridian,an Idaho
Municipal Corporation("Grantee");
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, its
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 shall not place or allow to be placed any
permanent structures or obstructions within the easement area that would interfere with
Grantee's use of said easement, including, but not limited to, buildings, trash enclosures,
carports, sheds, fences, trees, or deep-rooted shrubs.
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 Page l Version 04/17/2023
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]
Water Main Easement Version 01/01/2020
GRANTORS:
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 )
On this 6- day of �t , 2023, before me, the undersigned, a notary
public in and for said state,personally a geared Robert L. Phillips known to me to be the
President of Brighton Corporation,the Manager of DWT INVESTMENTS, LLC, the entity that
executed the foregoing instrument, and acknowledged to me that said entity 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.
Notary Public for Idaho
Residing at 'daJAD
SHARI VAUGHAN My Commission Expires: — I aDa
Notary Public-State of Idaho
Commission Number 20181002
My Commission Expires Jun 1, 2024
SCS INVESTMENTS, LLC,an Idaho limited
liabili ,company
A .� k�dliu
y: c ael A. H ll, Its resident
STATE OF 1DAHO )
)ss.
County of )
On this_S_ day of j-qm , 2023,before me,the undersigned, a notary
public in and four said state,personal ly-dpp cared Michael A. Hall known to me to be the President
of SCS INVESTMENTS, LLC, the entity that executed the foregoing instrument, and
acknowledged to me that said entity executed the same.
IN WITNESS WHEREOF,I have hereunto set my bandjandT-alffimed my official seal, the
day and year in this certificate first above written. `
Notary Public for Idaho
Residing at ,
My Commission Expires:
DONNA WILSON
COMMISSION#67674
NOTARY PUBLIC
STATE OF IDAHO
BVB TEN MILE CROSSING ANNEX,LLC, an
Idaho limited liability company,
By: BV Management Services,Inc., an Idaho
Corporation, Its Manager
B �---�
Eric Isom, Vice President of
Real Estate Development
STATE OF IDAHO )
)ss.
County of Bonneville )
On this� day of , 2023, before me, the undersigned, a notary public in
and for said state, personally appeared Eric Isom known to me to be the Vice President of Real Estate
Development for BV Management Services,Inc.,the Manager of BVB TEN MILE CROSSING ANNEX,
LLC, the entity that executed the foregoing instrument,and acknowledged to me that said entity executed
the same.
IN WITNESS WHEREOF,I have hereunto set my hand and affi d my official seal,the day and
year in this certificate first above written.
Notary blic for I aho
Resid fig at p° '
MIKYLA HEAPS My Commission Expires:n-7— —11 -Zo?-'INotary Public- State of Idaho
Commission Number 20210650
My Commission Expires02-17-2027
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor 5-23-2023
Attest by Chris Johnson, City Clerk 5-23-2023
STATE OF IDAHO, )
: ss.
County of Ada )
This record was acknowledged before me on 5-23-2023 (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
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kiln
E N G I N E E R I N G
April 28,2023
Project No.22-237
City of Meridian Water Easement
Legal Description
Exhibit A
A parcel of land for a City of Meridian Water Easement being a portion of Lot 4,Block 1 of TM Center Subdivision No.1
(Book 124 of Plats,Pages 19861-19863),situated in the Southwest 1/4 of the Northwest 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 1/2-inch rebar marking the Southwest corner of said Lot 4,which bears N89°26'27"W a distance
of 338.00 feet from a found 1/2-inch rebar marking the Southeast corner of said Lot 4,thence following the southerly
boundary line of said Lot 4,S89°26'27"E a distance of 150.19 feet to the POINT OF BEGINNING.
Thence leaving said southerly boundary line,N00°35'05"E a distance of 14.99 feet;
Thence S89°33'46"E a distance of 2.00 feet;
Thence N00"33'33"E a distance of 26.40 feet;
Thence S89°26'27"E a distance of 20.00 feet,-
Thence S00°33'33"W a distance of 16.40 feet;
Thence S89°26'36"E a distance of 140.82 feet to the boundary of an existing City of Meridian Sewer and Water Easement
as described per Instrument No.2022-072452;
Thence following said existing easement boundary the followingthree(3)courses:
1. S00°33'33"W a distance of 9.00 feet;
2. N89°26'27"W a distance of 18.50 feet;
3. S00°33'33"W a distance of 16.00 feet to the southerly boundary line of said Lot 4;
Thence leaving said existing easement boundary and followingsaid southerly boundary line,N89°26'27"W a distance of
9.47 feet;
Thence leaving said southerly boundary line, N00°33'33"E a distance of 5.00 feet;
Thence N89°26'36"W a distance of 114.84 feet;
Thence S00°32'05"W a distance of 5.00 feet to said southerly boundary line;
Thence following said southerly boundary line,N89°26'27"W a distance of 20.00 feet to the POINT OF BEGINNING.
Said parcel contains 3,508 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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LINE TABLE U o z
Y N \p�pL LApO s LINE BEARING DISTANCE 0
w S �tGENSF� G¢+` L1 S89'26'27"E 150.19 C d
0 30 60 90 c
CIC bL, L2 N00'32'05"E 14.99
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o s� o L3 S89'33'46"E 2.00
`Z` DATE: April 2023
o B�Tf OF t� L4 N00'33'33"E 26.40 PROJECT: 22-237
LEGEND LL HY14 L5 S00'33'33"W 9.00 SHEET:
O FOUND 1/2" REBAR, PLS 12459 2%/2023 L6 N89'26'27"W 18.50 1 OF 1
CALCULATED POINT L7 S00'33'33"W 16.00
x SUBJECT PROPERTY BOUNDARY LINE L8 N89'26'27"W 9.47
— — ADJACENT LOT LINE
y ——————— EASEMENT LINE L9 N00'3333"E 5.00
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---- EN G I N E E R I N G
EXISTING EASEMENT I .
5725 NORTH DISCOVERY WAY
3713
P.O.B. POINT OF BEGINNING L11 N89'26'27"W 20.00 HONE,208 63-693
PHONE(20 81 6 39-69 39
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