Modern Craftsman at Franklin Colorado Ridge ESMT-2023-0115 (2023-055113) ADA COUNTY RECORDER Trent Tripple 2023-055113
BOISE IDAHO Pgs=5 ANGIE STEELE 09/26/2023 09:43 AM
CITY OF MERIDIAN, IDAHO NO FEE
Modern Craftsman at Franklin Colorado Ridge
ESMT-2023-0115
SANITARY SEWER AND WATER MAIN EASEMENT No.l
THIS Easement Agreement, made this 12tlday of September 20 23 between
BPS Franklin Rd. 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.
GRANTOR: BPS Franklin Road,LLC,a Colorado Limited Liability Company
By:1RMR Baron Manager,LLC,a Colorado Limited Liability Company
UQ
STATE OF L°v�cyaodd)
) ss
County of hp_n yt f- )
The record was acknowledged before me on -ie�u l�er�l5, �oa-3(date) by
3effr� �� S (Name of Individual), {complete the following if signing in
an individual capacity} on behalf of JRMR Baron Manager, LLC as Manager of BPS
Franklin Rd., LLC. {name of entity on behalf of whom record was executed}, in the
following representative capacity: A& {type
of authority such as officer/trustee}.
MELISSA JOY
NOTARY PUBLIC
U
ATE OF COLORADO Notary SignatARY ID 20194031189 My Commissd E fires:A '� 15,0a7
SION EXPIRES AUGUST 15,2027
Sanitary Sewer and Water Main Easement Page 2 Version 04/17/2023
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor 9-12-2023
Attest by Chris Johnson, City Clerk 9-12-2023
STATE OF IDAHO, )
: ss.
County of Ada )
This record was acknowledged before me on 9-12-2023 (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
Sanitary Sewer and Water Main Easement Page 3 Version 04/17/2023
Exhibit A
Colorado Ridge Subdivision
July 13, 2023
A portion of the Southwest 1/4 of the Southwest 114 of Section 10 Township 3
North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described
as follows:
Commencing at the Southwest corner of said Section 10 from which the South
1/4 corner of said Section 10 bears South 89°15'34" East, 2,640.54 feet; thence on the
south line of said Section 10, South 89'15'34" East, 908.44 feet, thence leaving said
south line North 00'35'14" East, 1,087 86 feet, thence South 89'15,50" East, 130.48
feet to the POINT OF BEGINNING;
thence continuing South 89015'50" East, 46.83 feet;
thence South 35°01'37" East, 13.25 feet;
thence South 54058'23" West, 38.00 feet,
thence North 35°01'37" West, 40.62 feet to the POINT OF BEGINNING.
Containing 1,023 square feet or 0.023 acres, more or less
End of Description.
GENS
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Page 1 of 1
Point of 46,83' S35'01'37"E
Beginning S89'15'50"E 13.25'
S89'15'50"E 130.48'
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W. Franklin Rd. 5.15
S89'15'34"E 2640.54'
Basis of Bearings NScaie: 1"=30'
0 15 30 60
a\Colwodo rbdge(,149O Frorum) 22-045\d.g\CO6i Sewer—H20 E.d.g 7/$3/2023 5 55 28 p4
IDAHO Exhibit B 22-045
SURVEY 9955W EMERALD 74T Colorado Ridge Subdivision 9015E,IOAHO 83704 Sheet No.
1208)846-8570 1
GROUP, LLC A portion of the SW1/4 of the SW1/4 of Section 10. Owg. Date
T.3N., UK, B.M., Ada County, Idaho. 7/13/2023