Ten Mile Creek Subdivision No. 1 correction amendment to declaration and grant of easement (2019-021638) ADA COUNTY RECORDER Phil McGrane 2019-021638
BOISE IDAHO Pgs=11 VICTORIA BAILEY 03/19/2019 03:48 PM
After recording return to: TITLEONE BOISE $40.00
c/o SCS Brighton Inc.
12601 W. Explorer Drive,Suite 200
Boise, Idaho 83713
CORRECTION AMENDMENT TO DECLARATION AND GRANT OF EASEMENT
(Ten Mile Creek Subdivision No. 1)
THIS CORRECTION AMENDMENT TO DECLARATION AND GRANT OF EASEMENT
("Easement") is given to correct, replace and supersede, in its entirety, that certain
Amendment to Declaration and Grant of Easement made by Grantor, dated November 1,
2018, and recorded on November 6, 2018, as Ada County Recorder's Instrument No. 2018-
106049. The effective date of this Correction Amendment to Declaration and Grant of
Easement is as of the date of deliver of the amendment it replaces which is November 1,
2018. The purpose of this Correction Amendment to Declaration and Grant of Easement is to
list all of the Grantors
This Correction Amendment to Declaration and Grant of Easement is effective this 1st
day of November, 2018, ("Effective Date") by SCS BRIGHTON LLC, an Idaho limited liability
company; BRIGHTON LAND HOLDINGS LLC, an Idaho limited liability company; SCS TM
Creek LLC, an Idaho limited liability company; BRIGHTON TM APTS LLC, an Idaho limited
liability company; SCS TM Apt LLC, an Idaho limited liability company, SCSH TM Apt LLC, an
Idaho limited liability company; BRIGHTON VENTURES LLC, an Idaho limited liability
company; MAK LLC, an Idaho limited liability company and BLAKE R. ALDER, an individual
(collectively"Grantor")
RECITALS:
A. On November 10, 2015, SCS Brighton LLC executed a Declaration and Grant of
Easement for Ten Mile Creek Subdivision No. 1 ("Subdivision") for a non-exclusive
access and public utility easement, which was recorded on November 12, 2015, as
Instrument No. 2015-104241, records of Ada County, Idaho (the "Easement").
B. Development of the Subdivision has caused certain portions of the Easement to be
unnecessary. Grantor desires to amend a portion of the Easement Area (as depicted
on Exhibit A) to release a portion of the Easement Area for access and modify the
Easement Area for public utilities, all as provided further herein;
DECLARATION:
NOW, THEREFORE, for good and valuable consideration and in consideration of the
Recitals above, which are incorporated herein as if set forth in full, Grantor grants and declares
as follows:
1. Partial Release of Easement for Access. Grantor hereby releases and
reconveys a portion of the Easement Area used for ingress and egress of vehicular travel as
described on Exhibit B and shown on Exhibit C attached hereto and made a part hereof. The
remainder of the Easement not depicted on Exhibit C shall remain in full force and effect for
ingress and egress of vehicular travel, including emergency vehicles.
2. Partial Release of Easement for Public Utilities. Grantor hereby releases and
reconveys a portion of the Easement Area used for public utilities in the Easement. The
Correction Amendment to Declaration and Grant of Easement—Page 1
portion of the Easement Area shown on Exhibit B is modified to the area depicted on Exhibit
D and described on Exhibit E attached hereto and made a part hereof. The remainder of the
Easement not depicted on Exhibit D shall remain in full force and effect for the installation and
operation of public utilities.
3. Bindinq on Successors; Runs with Land. This Easement shall be recorded in
the official records of Ada County, State of Idaho, and shall be binding on the successors and
assigns of Grantor and shall run with the land.
4. Recitals and Exhibits. The recitals and exhibits to this Easement are hereby
incorporated herein by reference and made a part hereof.
EFFECTIVE as of the Effective Date.
GRANTOR: SCS BRIGHTON LLC
an Idaho limited liability company
By: Brighton Corporation, Manager
By:
Blake R. Alder, President
BRIGHTON LAND HOLDINGS LLC,
an Idaho limited liability company;
By: Brighton Corporation, Manager
By: m
Blake R. Alder, President
SCS TM CREEK LLC,
an Idaho limited liability company;
By: SCS Investments LLC, Manager
By: "e 4�1
Michael A. Hall, President
BRIGHTON TM APTS LLC,
an Idaho limited liability company
By: Brighton Corporation, Manager
11
B
Y
Blake R. Alder, President
Correction Amendment to Declaration and Grant of Easement—Page 2
SCS TM APT LLC,
an Idaho limited liability company,
By: SCS Investments LLC, Manager
By: kl'a'w ztlj
Michael A. Hall, President
SCSH TM APT LLC,
an Idaho limited liability company
By: SCS Management LLC,
an Idaho limited liability company
By:
Michael A. Hall
Its: President
BRIGHTON VENTURES LLC,
an Idaho limited liability company
Name: -c- )gq4tUL-
Title: Mho*-- 0-
MAK LLC, an Idaho limited liability company
By:
icha l A. Hall, Manager
Blake R. Alder
Correction Amendment to Declaration and Grant of Easement—Page 3
STATE OF IDAHO )
.Ss.
COUNTY OF ADA )On this I � ' day of -f 2019,before me,a Notary in and for said State,personally
appeared Blake R.Alder,known or identified to me,to be the President of Brighton Corporation,an Idaho
corporation,the Manager of SCS Brighton 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, 1 have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
E
RI YAUGHANlic-State of Idaho Number 20181002 Notary Public for Idah __ � //n Expires Jun 1,2024 My commission expires �'o1oa4
STATE OF IDAHO )
.Ss.
COUNTY OF ADA )
On this f $ day of A.s C G, 2019,before me,a Notary in and for said State,personally
appeared Blake R.Alder,known or identified to me,to be the President of Brighton Corporation,an Idaho
corporation,the Manager of Brighton Land Holdings 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, 1 have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
r
SHARI YAUGHAN
Notary Public-State of Idaho
Commission Number 20181002 Notary Public for IdahoQj
,� /
My commission Expires Jun 1,2024 My commission expires (Q—(^a-0d`f'
STATE OF IDAHO )
.Ss.
COUNTY OF ADA )
On this &day of / 2019,before me,a Notary in and for said State,personally
appeared Michael A. Hall,known or identified to me,to be the President of SCS Investments LLC,an Idaho limited
liability company,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
•en "aseal the day and�+w t { LVificate first above written.
Dew®may®®®®♦•♦♦♦♦�® � °�
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Comm.63192 Not ry Public for Idaho
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Correction Amendment to Declaration and Grant of Easement—Page 4
STATE OF IDAHO )
.SS.
COUNTY OF ADA )
On this day of-M&A-c 2019,before me,a Notary in and for said State,personally
appeared Blake R.Alder,known or identified to me,to be the President of Brighton Corporation,an Idaho
corporation,the Manager of Brighton TM Apts 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 above written.
——— — - —
SHARI VAUGHAN Notary Public for Idaho
Notary Public-State of Idaho M commission
Commission Number 20181002 Y expires /Q e 6' c30a�
My Commission Expires Jun 1,2024
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STATE OF IDAHO )
.SS.
COUNTY OF ADA )
On this day of &A 2019,before me,a Notary in and for said State,personally
appeared Michael A. Hall, known or identified to me,to be the President of SCS Investments LLC,an Idaho limited
liability company,the Manager of SCS TM Apt 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 WHER�pF•• h�v/j•P1srpunto set my hand and affixed my official
seal the day and year in kV stove written.
®®Q�®®• ®T.4�a�•®1''i
COMM.63192
N a Public for Idaho
®°&BLIC®.••�`�`;` My commission expires
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OF
STATE OF IDAHO )
ss.
COUNTY OF ADA )
On this day of 2019,before me,a Notary in and for said State,personally
appeared Michael A. Hall,known or identified to me,to be the President of SCS Management LLC,an Idaho limited
liability company,the Manager of SCSH TM Apt 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 e first above written.
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Qq®•'®�'®TA�,�®,r�iOat;j L
�® Comm, ®Y= Notar Public for Idaho
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My c&nmission expires ZdQz�
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OF
Correction Amendment to Declaration and Grant of Easement—Page 5
STATE OF IDAHO )
:ss.
COUNTY OF ADA )
On this_19 q-t, day of —7no—X-k 2019,before me,a Notary in and for said State,personally
appeared DkP y.;P( !la.rNbwt( known or identified to me,to be the Manager of Brighton Ventures 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 above written.
SHARIVAUGHAN
Notary Public-State of Idaho Notary Public for Idaho
Commission Number 20181002 My commission expires (0— I`—to
My Commission Expires Jun 1,2024
STATE OF IDAHO )
:ss.
COUNTY OF ADA )
On this day of 2019,before me,a Notary in and for said State,personally
appeared Michael A. Hall,known or identified to me,to be the Manager of MAK 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.
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IN WITNESS WHEN I eunto set my hand and affixed my official
seal the day and year irtscs fsat i�t'9�iove written.
♦ .
�QTlIJI?�•i®
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Comm.63192
• Nota Public for Idaho
'• J',J°•�;'UgLIG.••®O.•®® My ommission expires
STATE OF IDAHO ) •, ®®F
SS.
COUNTY OF ADA ) I
On this_10" day ofA,tiGh 2019,before me,a Notary in and for said State,personally
appeared Blake R.Alder,known or identified to me,to be the person who executed the instrument and acknowledged
to me that such he 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.
SHARI VAUGHAN ttil�
Notary Public-State of Idaho
Commission Number 20181002 Notary Public for Idaho
My Commission Expires Jun 1,2024 My commission expires (D— (—e7 D a—
Correction Amendment to Declaration and Grant of Easement—Page 6
EXHIBIT A
Depiction of Easement Area
S.10 S.11 , W..FRAMKUN RD. — Curve Table
S.15 S.14 CURVE tf M RAM OMTA CHORD 8PJIRDHG CHOPS LENGTH
C1 26.1r 525.7r 251'Or SM31'02'E 26.17
�) In 48A0 C2 6147' 4715W r4('46' N7835 51'W 61427
Ll C3 25.5r 526.50 746W NH83.51'45'W 25.56'
_-- 'E 378.85--_
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Line Table
tH89'2650'W 28236'
rL2
BEARS IENGAH
M4476WW 35.36' ( I MXrM 33 E 25LW
S75�52BE 273Z
m ....... S14"5432'W 5101Y
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I ( � t6 S31'2iYO" 37.0r
N45331o'E 5.36' I ! ( 344'265o'E 27.58' L7 N0033'33'E aLw
�) ! S89'26'50'E 27.5t) L8 5433531'E &GY
soculirW 51.00 L9 S2932'41'W 42.V
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1
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N44Z6'50'W 35.36•—/) 1 N697ft'W 27.50'
S4MIO W 27.56'
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Easement Plan
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46:Emt 9a.EI.w S.t•10
Ingress/Egress Easement
Exhibit i of 1
EXHIBIT A to DECLARATION OF EASEMENT
EXHIBIT B
Legal Description of Released Access Easement
October 30,2018
Brighton Development,LLC
Project No.16-189
Legal Description
An easement release of a portion of lands described in the easement recorded per Inst. No.2015-
104241(records of Ada County, Idaho)situated in a portion of the Northwest 1/4 of the Northwest 1/4
of Section 14,Township 3 North,Range 1 West, Boise Meridian,City of Meridian,Ada County, Idaho
being more particularly described as follows:
Commencing at a found brass cap monument marking the Northwest corner of said Section 14,which
bears N00°33'33"E a distance of 2,658.39 feet from a found aluminum cap monument marking the West
1/4 corner of said Section 14,thence following the westerly line of said Northwest 1/4,S00"33'33"E a
distance of 745.59 feet;
Thence leaving said westerly line,S89°2627"E a distance of 426.89 feet to the easterly boundary of said
easement and being the POINT OF BEGINNING.
Thence following said easterly easement boundary line,544*26'50"E a distance of 27.58 feet;
Thence S89'26'50"E a distance of 27.50 feet;
Thence S00"33'10"W a distance of 51.00 feet,
Thence N89"26'50"W a distance of 27.50 feet;
Thence S45"33'10"W a distance of 27.58 feet,
Thence leaving said easterly easement boundary line,N00`33'10"E a distance of 90.00 feet to the POINT
OF BEGINNING.
Said parcel contains a total of 2,777 square feet(0.064acres),more or less,and is subjectto all existing
easements and/or rights of way of record or implied.
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EXHIBIT B to DECLARATION OF EASEMENT
EXHIBIT C
Depiction of Released Access Easement
LINE TABLE
10 11 FRANKLIN ROAD UNE# LENGTH DIRECTION
15 14"-�POINT OF COMMENCEMENT Lt 27.58 S44'26'50"E
NORTHWEST CORNER L2 27.50 S69'26'50"E
SECTION 14
L3 51.00 SO'33'10"W
LEGEND L4 27.50 N8926'50'W
FOUND
BRASS C CAP
L5 27.58 S45'33'1O'W
FOUND BRASS CAP
0 CALCULATED POINT L6 90.00 NO'33'10"E
— — — — SECTION LINE
— — PARCEL BOUNDARY LINE I J
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———————— EXISTING EASEMENT LINE I I z Ln
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Ww• — — - - - - - - —I— gcc
1 za�o� I
Lu c PORTION OF EASEMENT
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EXISTING EASEMENT PER INST. I J
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ENGINEERS.SURVEYORS.PLAMNERS I I
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BOISE,IDAM MI4
PMONE 12M 639-ES39
EAX`2W" O Exhibit C
DATE: October,20n
PROJECT: 16.1ffi
SHEET: SITUATED IN A PORTION OF THE NW 1/4 OF THE NW 1/4 OF SECTION 14,
1 OF 1 TOWNSHIP 3 NORTH,RANGE 1 WEST,B.M.,Cr Y OF MERIDIAN,ADA COUNTY,IDAHO.
EXHIBIT C to DECLARATION OF EASEMENT
EXHIBIT D
Depiction of Reconfigured Utility Easement
LINE TABLE
10 11 FRANKLIN ROAD LINE It LENGTH DIRECTION
�_POINT OF COMMENCEMENT L1 7.46 N89'50'21'E
15 14
NORTHWEST CORNER
SECTION 14 L2 5.58 Na06'32 W
I LEGEND L3 10.00 N89.53'28E
I FOUND ALUMINUM CAP L4 5.44 SO'06'32"E
— — — — FOUND BRASS CAP L5 11.08 N88'37'59*E
Q CALCULATED POINT
SECTION LINE L6 18.37 N45'29'15"E
PARCEL BOUNDARY LINE L7 20.00 S44'30'45E
SURVEY TIE LINE
———————— EXISTING EASEMENT LINE L8 51.14 S45'29'15"W
NEW EASEMENT LIME L9 19.55 N89'29'38W
I co EXISTING EASEMENT PER
O �I N �INST. No. 2015-104241 L10 36.62 NO'33'10'E
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ENGINEERS.SURVEYORS.PLANNERS I p 31 �$
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BOISE.IOAHO 93714
PHONE 1200)639-6939
FAX
`2W)639-M30 Exhibit D
OATS NktoEer,2018
PRONECT: 16.189
SHEET: SITUATED IN A PORTION OF THE NW 1/4 OF THE NW 1/4 OF SECTION 14,
1 OF 1 TOWNSHIP 3 NORTH,RANGE 1 WEST,B.M.,CITY OF MERIDIAN,ADA COUNTY,IDAHO.
EXHIBIT D to DECLARATION OF EASEMENT
EXHIBIT E
Legal Description of Reconfigured Utility Easement
October 31,2018
Brighton Development, LLC
Project No. 16-189
Legal Description
A parcel of land for a Public Utility Easement situated in a portion of the Northwest 1/4 of the Northwest
1/4 of Section 14,Township 3 North, Range 1 West,Boise Meridian,City of Meridian,Ada County,Idaho
being more particularly described as follows:
Commencing at a found brass cap monument marking the Northwest corner of said Section 14,which
bears N00"3333"E a distance of 2,658.39 feet from a found aluminum cap monument marking the West
1/4 corner of said Section 14,thence following the westerly line of said Northwest 1/4,S00`33'33"E a
distance of 772.98 feet,
Thence leaving said westerly line,S89'26'27"E a distance of 426.89 feet to the easterly boundary of an
existing easement(per Inst. No.2015-104241, records of Ada County,Idaho)and being the POINT OF
BEGINNING.
Thence leaving said easterly easement boundary line,N89'50'21"E a distance of 7.46 feet;
Thence N00°06'32"W a distance of 5.58 feet;
Thence N89"53'28"E a distance of 10.00 feet;
Thence S00"06'32"E a distance of 5.44 feet;
Thence N88°37'59"E a distance of 11.08 feet;
Thence N45°29'15"E a distance of 18.37 feet,
Thence S44°30'45"E a distance of 20.00 feet;
Thence S45'29'15"W a distance of 51.14 feet;
Thence N89"29'38"W a distance of 19.55 feet to said easterly easement boundary line;
Thence N00`33'10"E a distance of 36.62 feet to the POINT OF BEGINNING.
Said parcel contains a total of 1,636 square feet(0.038 acres),more or less,and is subject to all existing
easements and/or rights of way of record or implied.
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EXHIBIT E to DECLARATION OF EASEMENT