Brightstar Care Overland Water Main Easement No. 1 ESMT-2023-0113 (2023-051337) Project Name iubivisio®):
rlghtStar Care Overland ADA COUNTY RECORDER Trent Tripple 2023-051337
BOISE IDAHO Pgs=5 VICTORIA BAILEY 09/06/2023 11:44 AM
Water Main Easement Number: CITY OF MERIDIAN, IDAHO NO FEE
Identify this Easement by sequential number if Project contains
more than one Water Main easement.
{Sae Instructions for additional information):
ESMT-2023-0113
WATERA W
THIS Easement Agreement, made this 5th day of Se teber20 23 between Brigntstar Overland Road,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
e 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 )
The easement hereby granted is for the purpose of construction 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 HAVEAND 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, Grantees all 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 GRANTORcovenants 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 withthe Grantee that should any part of the right-of-
way and easement hereby granted shall become part o , 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.
GRANTOR: Brightstar Overland Road , LLC
1>,-XA
STATE OF IDAHO )
) ss
County of Ada )
This record was acknowledged before me on bate) by_ U(h I 1 VOV r�
(name of individual), [complete the following if si ping in a representative capac�{ty, or strike
the following if signing in an individual capacity] on behalf of UYe ,(6
(name of entity n behalf of whom record was executed), in the fol owing representative
capacity: (type of authority such as officer or trustee)
(stamp)
Notary Signature Z�My Co _
RACHAEL A.MARTIN
COMMISSION 0 58252
NOTARY PUBLIC
STATE OF IDAHO
MY COMMISSION EXPIRES OS/O1/2029
Water Main Easement Page 2 Version 04/17/2023
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor 9-5-2023
Attest by Chris Johnson, City Clerk 9-5-2023
STATE OF IDAHO, )
. ss.
County of Ada )
This record was acknowledged before me on 9-5-2023 (date) by Robert E. Simison
and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City
Clerk, respectively.
Notary Signature
My Commission Expires: 3-28-2028
Water Main Easement Page 3 Version 04/17/2023
ACCURATE
SURVEYING & MAPPING
srg V 11619, Job No. 23-123
EXHIBIT A
Water Easement Description
An easement being a portion of Lot 1,Block 1 of Dorado Subdivision as recorded in Book 95 of Plats at
Page 11647,Records of Ada County, said parcel is located in the southeast quarter of the southeast
quarter of Section 17, Township 3 North,Range 1 East of the Boise Meridian,City of Meridian, Ada
County, Idaho being more particularly described as follows:
Commencing at the found brass cap monument at the corner common to Sections 16, 17,20 and 21,
T3N,R1E, from which the found brass cap monument at the quarter corner common to Sections 17 and
20, T3N, RI E bears S 89'46' 18"W a distance of 2656.87 feet;thence S 89'46' 18"W along the
section line for a distance of 827.48 feet;thence N 00'04' 03"W for a distance of 62.00 feet;thence N
00'04' 03"W along the parcel line common to Lots 1 and 2,Block 2,Dorado Subdivision,Book 95,
Page 11647, Ada County Records, for a distance of 101.42 feet to the POINT OF BEGINNING;
Thence S 89' 55' 57"W for a distance of 27.00 feet;
Thence N 00'04' 03" W for a distance of 13.64 feet;
Thence N 44' 55' 57"E for a distance of 38.18 feet to the parcel line common to said Lots 1 and 2;
Thence S 00'04' 03"E for a distance of 40.64 feet to the POINT OF BEGINNING.
Parcel contains 733 square feet and 0.017 acres,more or less.
S
114 3
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1520 W. Washington St., Boise, ID 83702 ■ Phone:208-488-4227 ■
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EXHIBIT B
EXHIBI T MAP
WA TER EASEMENT
A PORTION OF LOT 1, BLOCK 1, DORADO SUBDIVISION,
BOOK 95 OF PLATS, PAGE 11647, ADA COUNTY RECORDS
L nNG WI THIN THE SE 114 OF THE SE 114 OF SECTION 17, T.3N., R.1 E., B.M.
CITY OF MERIDIAN COUNTY OF ADA STATE OF IDAHO
OVERLAND WAY
SUBDIVISION
LINE TABLE �� SCALE: 1"=50'
-I
LINE BEARING DISTANCE
L1 S 89'55'57" W 27.00' L�
L2 N 00'04'03" W 13.64'
L3 N 44'55'57 E 38.18 `S f�
L4 [ S 00-04'03- E 1 40.64'
a11463CD
nk
OF
{� 2Y40 F_ OHM-AA0 RD. o N J.DPI
0
A DORADO SUBOIWSION O
LOT 1, BLOCK 1 Z -
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i
E. OVEM 4ND RD. o N
i
O ?-"I SECTION
1G00e(R 2I CORNER
17 _ 1829.39' __827.48_' 6
20 S 89'46'18" W 2656.87 242 l
BASIS OF BEARING
1
LEGEND
FOUND 2 1/2- BRASS CAP MONUMENT, 1N ASPHALT
CALCULATED POINT 1Y 1 Eodf ACCURATE
[ O1 ORIGINAL PLATTED LOT NUMBER � 4pSURVEYING & MAPPING
r
— — s 1520 W.Washington St.
SECAON LINE
i Boise,Idaho 83702
PARCEL LINE (208)488-4227
[ EASEMENT LINE '��'R Y l CE www.accuratesurveyors.com
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DATE AUGUST,2023 JOB 23-123
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