S. Benchmark Way and W. Cobalt Dr. Sanitary Sewer and Water Main Easement No. 2 ESMT-2023-0082 (2023-032540) ADA COUNTY RECORDER Trent Tripple 2023-032540
BOISE IDAHO Pgs=7 HEATHER LUTHER 06/07/2023 10:38 AM
CITY OF MERIDIAN, IDAHO NO FEE
Proiect Name(Subdivision):
S Benchmark Wav and W.Cobalt Dr.
Sanitary Sewer&Water Main Easement Number:
2
Identify this Easement by sequential number if Project contains
more than one easement of this type.
(See Instructions for additional information).
ESMT-2023-0082
SANITARY SEWER AND WATER MAIN EASEMENT
THIS Easement Agreement, made this6th day of June 20 23 between
SCS Brighton 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 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, 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.
Sanitary Sewer and Water Main Easement Page 1 Version 04/17/2023
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
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 Page 2 Version 04/17/2023
GRANTOR: SCS BRIGHTON LLC
an Idaho limited liability company
By: Brighton Corporation, an Idaho corporation
Manager��
B I//
Robert L. Phillips, President
STATE OF IDAHO j
:SS.
County of Ada )
�b
On this — day of May, in the year of 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 of 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.
SHARI VAUGHAN
Notary Public-State of Idaho
Commission Number 20181002 Notary Public for Idah
My Commission Expires Jun 1, 2024
My Commission Expires: — �
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor 6-6-2023
Attest by Chris Johnson, City Clerk 6-6-2023
STATE OF IDAHO, )
: ss.
County of Ada )
This record was acknowledged before me on 6-6-2023 (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 3-28-2028
My Commission Expires:
Sanitary Sewer and Water Main Easement Page 3 Version 04/17/2023
km
E N G I N E E R I N G
May 10,2023
Project Nos.22-144&22-221
City of Meridian Sewer and Water Easement
Legal Description
Exhibit A
A parcel of land for a City of Meridian Sewer and Water easement situated in a portion of the Northeast 1/4 of
the Northwest 1/4 and the Northwest 1/4 of the Northeast 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 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 cornerof 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
250.45 feet;
Thence leaving said northerly line,S00°46'48"W a distance of 1,109.51 feet to a point hereinafter referred to
as POINT"A"and being POINT OF BEGINNING 1.
Thence S60°53'22"E a distance of 34.50 feet;
Thence S29°06'38"W a distance of 31.00 feet;
Thence N60°53'22"W a distance of 34.50 feet;
Thence N29°06'38"E a distance of 31.00 feet to POINT OF BEGINNING 1.
Said parcel contains 1,070 square feet,more or less.
TOGETHER WITH:
Commencing at the point previously referred to as POINT"A".
Thence N60°53'22"W a distance of 75.50 feet to POINT OF BEGINNING 2.
Thence S29°06'38"W a distance of 31.00 feet;
Thence N60°53'22"W a distance of 45.00 feet to a point hereinafter referred to as POINT"B";
Thence N29°06'38"E a distance of 31.00 feet;
Thence S60°53'22"E a distance of 45.00 feet to POINT OF BEGINNING 2.
Said parcel contains 1,395 square feet,more or less.
5725 North Discovery Way• Boise,Idaho 83713 • 208.639.6939 • kmengllp.com
TOGETHER WITH:
Commencing at the point previously referred to as POINT"B".
Thence S61°52'40"W a distance of 438.62 feet to POINT OF BEGINNING 3.
Thence 36.00 feet along the arc of a curve to the left,said curve having a radius of 1,038.50 feet,a delta angle
of 01°59'11",a chord bearing of N86°37'17"W,and a chord distance of 36.00 feet;
Thence NO3°17'45"E a distance of 44.15 feet;
Thence S86°42'15"E a distance of 36.00 feet;
Thence S03°17'45"W a distance of 44.20 feet to POINT OF BEGINNING 3.
Said parcel contains 1,587 square feet,more or less.
Said description contains a total of 4,052 square feet,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.
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PAGE 2
LINE TABLE W. Franklin Road
BASIS OF BEARING LINE BEARING DISTANCE 1�— — N_89'13'12"W 2657.79' 11 12
L1 S60'53'22"E 34.50 14 250.45' 2407.34' 14 13
POINT OF COMMENCEMENT NORTHEAST CORNER
L2 S29'06'38"W 31.00 NORTH 1/4 CORNER SECTION 14 SECTION 14 0
L3 N60'53'22"W 34.50 I I
L4 N29'06'38"E 31.00
L5 S29'06'38"W 31.00
IJ
L6 N60'53'22"W 45.00 POINT OF BEGINNING 2 o I o N
L7 N29'06'38"E 31.00 v p-
POINT "B" I
L8 S60'53'22"E 45.00 POINT OF BEGINNING 1\
L9 N3'17'45"E 44.15 46 " I 47 POINT "A"
i N60'53'22"W� a
L10 S86'42'15"E 36.00 75.50' (TIE) v
X L11 SY17'45"W 44.20
Q0�0
0 0 SCS Brighton,LLC
L10 SCS Brighton, LLC Q� c'c, S1214121135
S1214121135
N r
IJi POINT OF BEGINNING 3
s
C1
s Proposed
W. Cobalt Dr.
0
ry DWT Investments, LLC. Treasure Valley
N S1214244500 Investments, LLC.
Z
S1214233680
m
LEGEND
W CURVE TABLE ® FOUND ALUMINUM CAP
CURVE RADIUS LENGTH DELTA CHORD BRG CHORD CALCULATED POINT
3 C1 1038.50' 36.00' 1-59-11" S86'37'17"E 36.00' SECTION LINE
a LOT LINE
fn
3 ———————— PROPOSED EASEMENT LINE
W
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Q
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W
0
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0 0 100 200 300
Ion
m
E N G I N E E R I N G Plan Scale: 1"= 100'
m 5725 NORTH DISCOVERY WAY
W BOISE,IDAHO"T'
PHONE(208)639-6131 Exhibit B
kmengllp.com
City of Meridian Sewer and Water Easement
1 DATE: May,2023
PROJECT: 22-221
N SHEET: Situated in the NE 1/4 of the NW 1/4 and the NW 1/4 of the NE 1/4 of
d `
1 OF 1 Section 14, T.3N., R.1W., B.M., City of Meridian, Ada County, ID