Records Apartments Water Main Easement No. 1 ESMT-2023-0087 (2023-035318) Proiect Name(Subdivision): ADA COUNTY RECORDER Trent Tripple 2023-035318
Records Apartments BOISE IDAHO Pgs=10 VICTORIA BAILEY 06/21/2023 09:12 AM
Water Main Easement Number: 1 CITY OF MERIDIAN, IDAHO NO FEE
Identify this Easement by sequential number if Project contains
more than one Water Main easement.
(See Instructions for additional information).
ESMT-2023-0087
WATER MAIN EASEMENT
THIS Easement Agreement, made this 20th day of June , 2023 between DWT Investments LLC
and BVZ Records Village,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 1 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 Page 2 Version 04/17/2023
GRANTOR: DWT Investments LLC, an Idaho limited
liability company
By: Brighton Corporation, Manager
By:
Robe L. Phillips, President
STATE OF IDAHO )
ss.
County of Ada )
�uhe. s✓
On this WX day of1", 2023, before me,the undersigned, a notary public in and for said state,
personally appeared 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
SHARI VAUGHAN
Notary Public-State of Idaho Residing at VAJ.M.*CUa&A
Commission Number 20181002 My Commission Expires: (Q-
My Commission Expires Jun 1, 2024
GRANTOR: BVZ RECORDS VILLAGE, LLC
By: BV Management Services, Inc., an Idaho
corporation, Manager
By: V
Tahri Molifua,Vice President of Real
Estate Capital
STATE OF IDAHO )
)ss.
County of Bonneville )
jn,.. J�v�
On this 1 day of fv4aq•,.2023, before me,the undersigned, a notary public in and for said state,
personally appeared Tahri Molifua, known to me to be the Vice President of Real Estate Capital of BV
Management Services, Inc.,the Manager of BVZ Records Village, 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.
`SEE ..
a
�NDTARY's Notary Public for Idaho
s Residing at:
My Commission Expires: 09 I los I Z0Z(o
2 . 0
''''�y* OF„�, P°�````•
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor 6-20-2023
Attest by Chris Johnson, City Clerk 6-20-2023
STATE OF IDAHO, )
: ss.
County of Ada )
This record was acknowledged before me on 6-20-2023 (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
Water Main Easement Page 3 Version 04/17/2023
km
E N G I N E E R I N G
May 3,2023
Project No.21-225
City of Meridian Water Easement
Legal Description
Exhibit A
Parcels of land for a City of Meridian Water Easement situated in a portion of the Southeast 1/4 of the
Southwest 1/4 of Section 4,Township 3 North, Range 1 East, Boise Meridian,City of Meridian,Ada County,
Idaho and being more particularly described as follows:
Commencing at a found aluminum cap marking the South 1/4 corner of said Section 4,which bears
S89°22'45"E a distance of 2,659.59 feet from a found aluminum cap marking the Southwest corner of said
Section 4;
Thence following the easterly line of said Southeast 1/4 of the Southwest 1/4, N00'32'11"E a distance of
307.22 feet;
Thence leaving said easterly line, N89°27'49"W a distance of 14.50 feet to the westerly line of an existing
Sanitary Sewer and Water Main easement per Instrument No.2022-093568 and being POINT OF BEGINNING
1.
Thence N89'36'49"W a distance of 13.90 feet;
Thence S00°39'07"W a distance of 159.26 feet;
Thence N89°26'44"W a distance of 47.71 feet;
Thence N00'33'16"E a distance of 20.00 feet;
Thence S89°26'44"E a distance of 27.74 feet;
Thence N00*39'07"E a distance of 159.23 feet;
Thence S89°35'28"E a distance of 33.86 feet to a point on said westerly easement line hereinafter referred to
as POINT"A";
Thence following said westerly easement line,S00°32'11"W a distance of 20.01 feet to POINT OF BEGINNING
1.
Said parcel contains 4,418 square feet,more or less.
TOGETHER WITH:
Commencing at the point previously referred to as POINT"A";
Thence following said westerly easement line, N00°32'11"E a distance of 281.67 feet to POINT OF BEGINNING
2.
Thence leaving said westerly easement line, N89°27'48"W a distance of 17.58 feet;
Thence N00'32'12"E a distance of 20.00 feet to a point hereinafter referred to as POINT"B";
Thence S89°27'48"E a distance of 17.58 feet to said westerly easement line;
Thence following said westerly easement line,S00°32'11"W a distance of 20.00 feet to POINT OF BEGINNING
2.
Said parcel contains 352 square feet,more or less.
TOGETHER WITH:
5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939• kmengllp.com
Commencing at the point previously referred to as POINT"B";
Thence N73°45'32"W a distance of 324.47 feet to POINT OF BEGINNING 3.
Thence N89°49'30"W a distance of 20.00 feet;
Thence N00°10'30"E a distance of 19.47 feet;
Thence N89°49'28"W a distance of 55.83 feet to a point hereinafter referred to as POINT"C";
Thence N00°35'37"E a distance of 52.42 feet to the southerly right-of-way line of E.Elden Gray Street;
Thence following said southerly right-of-way line the following two(2)courses:
1. 10.93 feet along the arc of a curve to the right,said curve having a radius of 595.00 feet,a delta angle
of 01'03'08",a chord bearing of N89°52'20"E,and a chord distance of 10.93 feet to a found 5/8-inch
rebar;
2. S89'35'58"E a distance of 9.07 feet;
Thence leaving said southerly right-of-way line,SOO°35'37"W a distance of 32.44 feet;
Thence S89°49'28"E a distance of 55.68 feet;
Thence S00°10'32"W a distance of 39.47 feet to POINT OF BEGINNING 3.
Said parcel contains 2,554 square feet,more or less.
TOGETHER WITH:
Commencing at the point previously referred to as POINT"C";
Thence S39°09'16"W a distance of 238.35 feet to POINT OF BEGINNING 4.
Thence S00°24'09"W a distance of 77.91 feet;
Thence 589'53'09"W a distance of 28.20 feet to a point on the easterly right-of-way line of N. Records Avenue
hereinafter referred to as POINT"D";
Thence following said easterly right-of-way line the following three(3)courses:
1. N00°24'14"E a distance of 41.95 feet to a found 5/8-inch rebar;
2. S89°35'51"E a distance of 11.00 feet to a found 5/8-inch rebar;
3. 36.24 feet along the arc of a curve to the left,said curve having a radius of 535.50 feet,a delta angle
of 03°52'40",a chord bearing of N01°32'11"W,and a chord distance of 36.24 feet;
Thence leaving said easterly right-of-way line,S89°35'51"E a distance of 18.43 feet to POINT OF BEGINNING 4.
Said parcel contains 1,817 square feet,more or less.
PAGE 12
TOGETHER WITH:
Commencing at the point previously referred to as POINT"D";
Thence following said easterly right-of-way line,S00°24'04"W a distance of 34.10 feet to POINT OF
BEGINNING 5.
Thence leaving said easterly right-of-way line,S89°07'54"E a distance of 20.87 feet;
Thence N00°21'08"E a distance of 15.91 feet;
Thence S89°38'53"E a distance of 29.00 feet;
Thence 500'15'58"W a distance of 16.00 feet;
Thence S89°38'50"E a distance of 22.65 feet;
Thence S00°21'10"W a distance of 20.00 feet;
Thence N89°38'50"W a distance of 17.02 feet;
Thence 500*21'10"W a distance of 16.01 feet to a point hereinafter referred to as POINT"E';
Thence N89°36'50"W a distance of 29.00 feet;
Thence N00°21'10"E a distance of 16.02 feet;
Thence N89°03'57"W a distance of 26.55 feet to said easterly right-of-way line;
Thence following said easterly right-of-way line, N00°24'09"E a distance of 19.98 feet to POINT OF BEGINNING
5.
Said parcel contains 2,379 square feet,more or less.
TOGETHER WITH:
Commencing at the point previously referred to as POINT"E";
Thence S10°20'18"W a distance of 245.37 feet to POINT OF BEGINNING 6.
Thence S00°25'38"W a distance of 20.00 feet;
Thence N89°34'22"W a distance of 8.45 feet to said easterly right-of-way line;
Thence following said easterly right-of-way line,N08'42'07"W a distance of 20.26 feet;
Thence leaving said easterly right-of-way line,S89°34'22"E a distance of 11.66 feet to POINT OF BEGINNING 6.
Said parcel contains 201 square feet,more or less.
Said description contains a total 11,721 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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PAGE13
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LDo IN POINT OF BEGINNING 4 5 2o23 INST. No. 2022-093568 �I
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Il POINT "E" Plan Scale: 1" = 100'
J LEGEND POINT "A"
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ADJACENT BOUNDARY LINE
PROPOSED EASEMENT LINE I I
EXISTING EASEMENT LINE I I r�
3 I DETAIL
L43 1 POINT OF L30 Scale 1" = 60' I I r
1 POINT OF —
BEGINNING 6 BEGINNING 5� L28 N JAL32 L64 I o
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w ECTION 4 SOUTH 1/4 CORNER
3 5 J�S
Fairview Ave. _ SECTION 4 4
g g S89'22'45"E 2659.59' 9
ENGINEERING BASIS OF BEARING
F. 5725 NORTH DISCOVERY WAY
X BOISE,IDAHO 83713 Exhibit B
} PHONE(208)639-6939
kmengl Ip.com
City of Meridian Water Easement
DATE: May 2023
PROJECT: 21-225
SHEET: A portion of the SE 1/4 of the SW 1/4 of Section 4,
1 OF 2 T3N., R1E., B.M., City of Meridian, Ada County, Idaho
CURVE TABLE
CURVE RADIUS LENGTH DELTA CHORD BRG CHORD
Cl 595.00' 10.93' 1'03'08" N89'52'20"E 10.93'
C2 535.50' 36.24' 3'52'40" N1'32'11"W 36.24'
LINE TABLE LINE TABLE
LINE BEARING DISTANCE LINE BEARING DISTANCE
L1 N89'27'49"W 14.50 L23 S89'53'09"W 28.20
L2 N89'36'49"W 13.90 L24 NO'24'14"E 41.95
L3 SO'39'07"W 159.26 L25 S89'35'51"E 11.00
L4 N89'26'44"W 47.71 L26 S89'35'51"E 18.43
L5 NO'33'16"E 20.00 L27 SO'24'04"W 34.10
L6 S89"26'44"E 27.74 L28 S89'07'54"E 20.87
L7 NO'39'07"E 159.23 L29 NO'21'08"E 15.91
L8 S89'35'28"E 33.86 L30 S89'38'53"E 29.00
L9 SO'32'1 1"W 20.01 L31 SO'15'58"W 16.00
L10 N89'27'48"W 17.58 L32 S89'38'50"E 22.65
0
L11 NO'32'12"E 20.00 L33 SO'21'10"W 20.00
a
L12 S89'27'48"E 17.58 L34 N89'38'50"W 17.02
0
L13 SO'32'11"W 20.00 L35 SO'21'10"W 16.01
a
L14 N89'49'30"W 20.00 L36 N89'36'50"W 29.00
0
3 L15 NO'10'30"E 19.47 L37 NO'21'10"E 16.02
0
L16 N89'49'28"W 55.83 L38 N89'03'57"W 26.55
C
Z
L17 NO'35'37"E 52.42 L39 NO'24'09"E 19.9B
Z L18 S89'35'58"E 9.07 L40 SO'25'38"W 20.00
L19 SO'35'37"W 32.44 L41 N89'34'22"W 8.45
o L20 S89'49'28"E 55.68 L42 N8'42'07"W 20.26
Z
w
L21 SO'10'32"W 39.47 L43 S89'34'22"E 11,66
L22 SO'24'09"W 77.91
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3
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E N G I N E E R I N G
m 5-NORTH DISCOVERY WAY
W BOISE,IDAHO 83713
PHONE(208)639-6939 Exhibit B
kmengllp.com
City of Meridian Water Easement
DATE: May 2023
q PROJECT: 21-Z25
sHEET: A portion of the SE 1/4 of the SW 1/4 of Section 4,
2 OF 2 T3N., R1E., B.M., City of Meridian, Ada County, Idaho
a