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S. Wayfinder Avenue Extenstion Sanitary Sewer Easement No. 1 ESMT-2023-0070 (2023-029582) ADA COUNTY RECORDER Trent Tripple 2023-029582 Project Name(Subdivision):, BOISE IDAHO Pgs=13 CHE FOWLER 05/24/2023 08:07 AM S.Waytinder Avenue ExtensionSanitary CITY OF MERIDIAN, IDAHO NO FEE Sewer Easement Number: 1 ESMT-2023-0070 SANITARY SEWER 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 sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer 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 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 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. Sanitary Sewer Easement REV.01/01/2020 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 Easement REV.01/01/2020 GRANTOR: DWT INVESTMENTS LLC an Idaho limited liability company By: Brighton Corporation, Manager By: _/�� Robert L. Phillips, President STATE OF IDAHO ) :ss. County of Ada ) On this thea5' day of Rat, 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 corporation that executed the instrument or the person who executed the instrument on behalf of said corporation, 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 dayand year in this certificate first written above. Seal SHARIVAUGHAN L Notary Public-State of Idaho Notary Public for I o Commission Number 20181002 My Commission Expires Jun 1, 2024 My Commission Expires: GRANTOR: BVB Ten Mile Crossing Annex, LLC an Idaho limited liability company By: BV Management Services, Inc., an Idaho corporation, the Manager t By: Cortr ey Liddi d, President STATE OF IDAHO ) :ss. County of Bonneville ) On this the 06�day of April,in the year 2023,before me a Notary Public of said State,personally appeared Cortney Liddiard,known or identified to me to be the President of BV Management Services,Inc.,which corporation is the Manager of BVB Ten Mile Crossing Annex,LLC,and the Manager who subscribed said limited liability company name to the foregoing instrument,and acknowledged to me that such corporation as the Manager executed the same in said limited liability company name. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first written above. Seal BRAN LOVE COMMISSION NO. 37925 NOTARY PUBLIC STATE OF IDAHO Notary Public for Idaho MY COMMISSION EXPIRES"12r26 My Commission Expires: GRANTOR: SCS Investments LLC an Idaho limited liability company B �t Michael A. Hall, President STATE OF IDAHO ) :ss. County of Ada ) On this.11—day of 1 in the year 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 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 this certificate first written above. 1 Seal ctAA ju,,. SHARI VAUGHAN Notary Public for ho Notary Public-State of Idaho My Commission Expires: Commission Number 20181002 My Commission Expires Jun 1, 2024 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 3-28-02028 My Commission Expires: Sanitary Sewer Easement REV.01/01/2020 km E N G I N E E R I N G May 1,2023 Project No. 19-172 S.Wayfinder Avenue Extension City of Meridian Sewer Easement Legal Description Exhibit A A parcel of land for a City of Meridian sewer easement situated in a portion of the Southwest 1/4 of the Northwest 1/4 of Section 14,Township 3 North, Range 1 West, B.M., City of Meridian,Ada County, Idaho and being more particularly described as follows: Commencing at an aluminum cap marking the Northwest corner of said Southwest 1/4 of the Northwest 1/4 (North 1/16 corner), which bears N89°10'27"W a distance of 1,328.61 feet from an aluminum cap marking the Northeast corner of said Southwest 1/4 of the Northwest 1/4(Northwest 1/16 corner), thence following the northerly line of said Southwest 1/4 of the Northwest 1/4,S89°10'27"E a distance of 1,164.92 feet; Thence leaving said northerly line,S01°48'11"W a distance of 381.11 feet to POINT OF BEGINNING 1. Thence S89°26'00"E a distance of 43.00 feet to the westerly right-of-way line of S. Wayfinder Ave. and being a point herein after referred to as POINT"A"; Thence following said westerly right-of-way line,S00°33'41"W a distance of 20.00 feet; Thence leaving said westerly right-of-way line, N89°26'00"W a distance of 43.00 feet; Thence N00°34'00"E a distance of 20.00 feet to POINT OF BEGINNING 1. Said parcel contains 860 square feet, more or less. TOGETHER WITH: Commencing at a point previously referred to as POINT"A",thence S89°26'00"E a distance of 77.00 feet to POINT 0F BEGINNING 2. Thence S89°26'00"E a distance of 40.00 feet; Thence S00°34'00"W a distance of 20.00 feet; Thence N89°26'00"W a distance of 40.00 feet to the easterly right-of-way line of S. Wayfinder Ave.and being a point herein after referred to as POINT"B"; Thence following said easterly right-of-way line, N00°33'41"E a distance of 20.00 feet to POINT OF BEGINNING 2. Said parcel contains 800 square feet, more or less. TOGETHER WITH: Commencing at a point previously referred to as POINT"B",thence S15°00'20"W a distance of 333.26 feet to POINT OF BEGINNING 3. Thence S37°52'03"E a distance of 29.42 feet; Thence S52°07'57"W a distance of 20.00 feet; 9233 West State Street • Boise,Idaho 83714 • 208,639.6939 • kmengllp.com Thence N37°52'03"W a distance of 29.42 feet to the southeasterly right-of-way line of S.Wayfinder Ave. and being a point herein after referred to as POINT"C"; Thence following said southeasterly right-of-way line, 20.01 feet along the arc of a curve to the left,said curve having a radius of 240.00 feet, a delta angle of 04°46'34",a chord bearing of N52°07'57"E and a chord distance of 20.00 feet to POINT OF BEGINNING 3. Said parcel contains 586 square feet, more or less. TOGETHER WITH: Commencing at a point previously referred to as POINT"C",thence S69°20'10"W a distance of 220.53 feet to POINT OF BEGINNING 4. Thence S26°03'34"E a distance of 46.19 feet; Thence S63°56'26"W a distance of 20.00 feet; Thence N26°03'34"W a distance of 44.52 feet to the southeasterly right-of-way line of S.Wayfinder Ave. and being a point herein after referred to as POINT"D"; Thence following said southeasterly right-of-way line, 20.07 feet along the arc of a curve to the right,said curve having a radius of 260.00 feet, a delta angle of 04°25'26", a chord bearing of N59°10'18"E and a chord distance of 20.07 feet to POINT OF BEGINNING 4. Said parcel contains 910 square feet, more or less. TOGETHER WITH: Commencing at a point previously referred to as POINT"D",thence N13°43'08"W a distance of 83.82 feet to the northwesterly right-of-way line of S. Wayfinder Ave. and being POINT OF BEGINNING S. Thence following said northwesterly right-of-way line,S67°52'34"W a distance of 18.36 feet; Thence following said northwesterly right-of-way line, 1.83 feet along the arc of a curve to the left,said curve having a radius of 213.50 feet,a delta angle of 00°29'32",a chord bearing of S67°37'48"W and a chord distance of 1.83 feet to a point herein after referred to as POINT"E"; Thence leaving said northwesterly right-of-way line, N30°01'42"W a distance of 33.16 feet; Thence N59°58'18"E a distance of 20.00 feet; Thence S30°01'42"E a distance of 35.93 feet to POINT OF BEGINNING S. Said parcel contains 691 square feet, more or less. TOGETHER WITH: Commencingat a point previously referred to as POINT"E",thenceS16°56'13"W a distance of 169.53 feet to POINT OF BEGINNING 6. Thence S20°12'49"E a distance of 10.02 feet; Thence 28.60 feet along the arc of a curve to the right, said curve having a radius of 32.00 feet, a delta angle of 51°12'22",a chord bearing of S05°23'22"W and a chord distance of 27.66 feet; Thence S30°59'33"W a distance of 35.63 feet; Thence S13°41'58"W a distance of 8.41 feet; Thence S08°01'16"W a distance of 175.95 feet; PAGE 12 Thence S43°38'45"E a distance of 213.49 feet; Thence S01°24'53"W a distance of 8.99 feet to the subdivision boundary of TM Crossing Subdivision (Book 112 of Plats at Pages 16,327 through 16,330,records of Ada County,Idaho)and the southerly line of said Southwest 1/4 of the Northwest 1/4; Thence following said subdivision boundary and said southerly line, N89°11'30"W a distance of 23.03 feet; Thence leaving said subdivision boundary and said southerly line,N21°55'29"W a distance of 7.57 feet; Thence N43°38'45"W a distance of 206.36 feet; Thence N08°01'16"E a distance of 177.60 feet; Thence N72°54°28"W a distance of 5.85 feet to the southeasterly right-of-way line of S. Wayfinder Ave. and being a point herein after referred to as POINT"F"; Thence following said southeasterly right-of-way line the following three(3)courses: 1. N27°57'21"E a distance of3.41 feet; 2. 40.50 feet along the arc of a curve to the right,said curve having a radius of 310.50 feet, a delta angle of 07o28'23",a chord bearing of N26°44'16"E and a chord distance of 40.47 feet; 3. 47.78 feet along the arc of a compound curve to the right,said curve having a radius of 491.62 feet,a delta angle of 0594'05",a chord bearing of N33°15'29"E and a chord distance of 47.76 feet to POINT OF BEGINNING 6. Said parcel contains 9,553 square feet, more or less. TOGETHER WITH: Commencing at a point previously referred to as POINT"F", thence N72°54'28"W a distance of 94.17 feet to POINT OF BEGINNING 7. Thence N72°54'28"W a distance of 30.62 feet; Thence N17°05'32"E a distance of 20.00 feet; Thence S72°54'28"E a distance of 32.82 feet to the northwesterly right-of-way line of S.Wayfinder Ave.; Thence following said northwesterly right-of-way line, 20.13 feet along the arc of a curve to the left,said curve having a radius of245.50feet,a delta angle of04°41'49",a chord bearing of S23°21'42"W and a chord distance of 20.12 feet to POINT OF BEGINNING 7. Said parcel contains 632 square feet, more or less. Said description contains a total of 14,032 square feet (0.322 acres),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. off, t s TE��d GAS a CA 12459 0 PAGE 13 POINT OF COMMENCEMENT Qj> t N 1/16 CORNER SECTION 14 & 15 +7116369'/ FOUND ALUMINUM CAP BASIS OF BEARIN C�ba�r pr U mS89'10'27"E 1328.610 ¢ 1164.92' 0 C 2 HNW 1/16 CORNER !✓ �SO 1'48'11 SECTION 14 aa) Ln .381.11' (TIFOUND ALUMINUM CAP `X LU �O SHEET 2 m a) a) Y a- � u ¢ Unplatted E j N o Unplatted DWT Investments LLC& L Q 00 DWT Investments LLC& BVB Ten Mile Crossing Annex,LLC XLU i (a BVB Ten Mile Crossing Annex,LLC m APN:51214244500 = cc APN:S1214233700 C: N z v C m a SEE SHEET 3 4- ~ 0 > U O }J n 6 N 3 U SEE SHEET 4 z s N> 3 1z S. Va ngUard Unplatted DATE: May 2023 way DWT Investments LLC PROJEO: 19-172 &BVB Ten Mile SHEET: Crossing Annex,LLC 1 OF 4 APN:S1214233678 km 0 250 500 750 ENGINEERING TM Crossing 9233 WEST STATE STREET Plan Scale: 1"=250' BOISE,IDAHO 83714 Subdivision PHONE(208)131.1139 kmengllp.mm POINT OF COMMENCEMENT N 1/16 CORNER SECTION 14 & 15 NW 1/16 CORNER FOUND ALUMINUM CAP SECTION 14 FOUND ALUMINUM CAP BASIS OF BEARING _ S89'10'27"E 1328_61' 1164.92' 163.69'CU — — — — I- � vi U J J oZS v S'I W C J Q O^ > L m 00 l' Q coE o N C/)I oo Unplatted c v �' DWT Investments LLC& O > an aBVB Ten Mile Crossing Annex, LLC Q APN: S1214244500 ca~ I S89'26'00"E P.O.B. 2 > 43.00 S89'26'00"E ' m P.O.B. 1 I POINT "A" �40.00' _ / S89'26'00"E 77.00' N00'34'00"E ¢ —— — — ——— — S00'34'00"W 20.00' (TIE) S00'33'41"W — �20.00' s [� —--- 20.00' -- - s N00'33'41"E���. } W N89'26'00"W 20.00 LN89'26'00"W 0 43.00' 40.00' CVPOINT "B" a � a m a .N o O z _ _ _L _ _ 3 MATCH LINE — SEE SHEET 3 Z 0 a 0 0 40 80 120 Plan Scale: 1" =40' lam E N G I N E E R I N G m 9233 WEST STATE STREET W BOISE,IDAHO83714 i PHONE(208)639-6939 Exhibit B kmengllp.com S. Wayfinder Avenue Extension z DATE: May 2023 a rPROIECT. 19-172 I SHEET: I City of Meridian Sewer Easement 2 OF 4 SW 1/4 NW 1/4 Sec. 14,T3N., R1W., B.M., City of Meridian, Ada County, Idaho a � MATCH LINE — SEE SHEET 2 e — ® ® ® ® ® ® o ® - ® ® ® ZO Unplatted N DWT Investments LLC& / BVB Ten Mile Crossing Annex, LLC M APN: S1214233700 o / O N59'58'18"E v� / 20.00' S30'01'42"E P.O.B. 3 / 35.93' N30'01'42"W �� P.O.B. 5 / S37'52'03"E 33.16'� flay{index Ave POINT "C"_� G� •\/-29.42' POINT "E„ ,. 5 `�\E)// \ N 13'43'08"W 2 5 j / C3 \ 83.82' (TIE) 2- , / \� P.0.6. 4 .20 1��� N37'52'03"W 20.00'S52*0 57"W S69 29.42 Unplatted o•/ POINT "D" \ DWT Investments LLC& BVB Ten Mile Crossing Annex, LLC / S26'03'34"E APN: S1214233678 / 46.19' / \ LINE TABLE LINE BEARING DISTANCE N26'03'34"W S63'56'26"W ti1,gTc` 44.52' 20.00' L1 S67'52'34"W 18.36 s y C/NFL� m � � o SFE CURVE TABLE < 4 CURVE RADIUS LENGTH DELTA CHORD BRG CHORD 3 C1 240.00' 20.01' 4'46'34" N52'07'57"E 20,00' 5 C2 260.00' 20.07' 4'25'26" N59'10'18"E 20.07' a W 3 C3 213.50' 1.83' 0'29'32" S67'37'48"W 1.83' Z a 0 z 0 60 120 180 0 Plan Scale: 1"= 60' N n E N G I N E E R I N G m 9233 WEST STATE STREET W BOISE,IDAHOB3714 W PHONE(2081)139.1939 I Exhibit B kmenglip.com c S. Wayfinder Avenue Extension 5) t DATE: May 2023 11—P—I®JECT: 19-172 SHEET: City of Meridian Sewer Easement 3 OF 4 1 SW 1/4 NW 1/4 Sec. 14, T3N., R1W., B.M., City of Meridian, Ada County, Idaho MATCH LINE — SEE SHEET 3 0 S16'56'13"W v -0 Unplatted ? 169.53' (TIE) cv y DWT Investments LLC& a� P.O.B. 6 BVB Ten Mile Crossing Annex,LLC S72-54'28"E —_S20'12'49"E u APN:S1214233700 32,82'� �D 10.02' N17*05321.E (� 7 V� O c 20.00'_' C7 p(v � b in a �i P.O.B. 7 Y 00 aj � o 11 N72'54'28"W LS L4 G fu v 30.62' (r/ — �S30'59'33"W ix ul 35.63' — i 0 03 POINT "F" I y I S13'41'58"W 00 u N72'54'28"W I I u) 8.41' O M +_ a 5.85' ( I� 00 a aj Ln Q � w x " `� s I I LL' a c \ a"let, Unplatted alvay N08'01'16"E I I ' DWT Investments LLC 5 177.60' I I o &BVB Ten Mile O ~ I IEo Crossing Annex,LLC > O � o I I APN:S1214233678 v N 4' LINE TABLE U i LINE BEARING DISTANCE \\\\ s Z L3 N21'55'29"W 7.57 \\\���, 3 L4 N27'48'21"E 3.41 N < L5 N72'54'28"W 94.17 \ \ e \2 DATE: May 2023 N43'38'45"W \\ \,\R91 PROJECT: 19-172 CURVE TABLE 206.36' \\ \ SHEET: \ \\ S01'24'53"W 4 OF 4 CURVE RADIUS LENGTH DELTA CHORD BRG CHORD \ $99' C4 32.00' 28.60' 51'12'22" S5'23'22"W 27.66' L3 N89*1 1'30"W C5 310.50' 40.50' 7-28'23" N26-44'16"E 40.47' 23.0 23.03' C6 491.62' 47.78' 5-34'05" N33-15'29"E 47.76' \ \ TM Crossing lam gEN G I N E E R I N GSUbdlvisioC7 245.50' 20.13' 4-41'49' 9233WESTSTATESTREET' ' ' ' BOISE,IDAHO 83714 PHONE(2081 639-6939 kmengllp.cam