Records Apartments Sanitary Sewer and Water Main Easment No. 2 ESMT-2023-0170 (2023-067996) ADA COUNTY RECORDER Trent Tripple 2023-067996
BOISE IDAHO Pgs=7 ANGIE STEELE 12/06/2023 08:22 AM
CITY OF MERIDIAN, IDAHO NO FEE
Proiect Name(Subdivision):
Records Apartments
Sanitary Sewer&Water Main Easement Number:
IdEgif�L-gB FasemenLbv sequential number if Project contains
more than one easement of this type.
(See Instructions for additional information).
ESMT-2023-0170
SANITARY SEWER AND WATER MAIN EASEMENT
THIS Easement Agreement, made this 5th day of December 20 23 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 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: DWT INVESTMENTS, LLC
an Idaho limited liability company
By: Brighton Corporation, an Idaho
Corporation, Manager
B : -- 9��
Robert L. Phillips, President
STATE OF IDAHO }
:SS.
County of Ada }
On this 16 day of November, in the year 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 DWT Investments, 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 ty
Notary Public-State of Idaho
Commission Number 20181002 Notary Public for Idaho
My Commission Expires Jun 1,2024 My Commission Expires: (e— ^����
GRANTOR: BVZ RECORDS VILLAGE,LLC
an Idaho limited liability company
By: BV Management Services, Inc., an Idaho
Corporation, Manager
1
By:
Cortney Liddiard, 76*i'dent
STATE OF IDAHO j
:ss.
County of Bonneville )
. AA1-
On this day of November,in the year 2023, before me a notary Public of said State, personally
appeared Cortney Liddiard, known or identified to me to be the President of BV Management Services,
Inc.,the Manager of BVZ Records Village, 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.
BRANDILOVE
F
OMMISSION NO. 37925 ��;.
NOTARY PUBLIC Notary Public for Idaho
p STATE OP IDAHO 1 My Commission Expires:
MISSION EXPIRES W12r26
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor 12-5-2023
Attest by Chris Johnson, City Clerk 12-5-2023
STATE OF IDAHO, )
. ss.
County of Ada )
This record was acknowledged before me on 12-5-2023 (date) by
Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in
their capacities as Mayor and City Clerk,respectively.
(stamp)
Notary Signature 3.28-2028
My Commission Expires:
Sanitary Sewer and Water Main Easement Page 3 Version 04/17/2023
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E N G I N E E R I N G
October 17,2022
Project No.21-225
Brighton Corporation
Sewer and Water Easement
Legal Description
Exhibit A
A parcel of land 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 589*22'45"E
a distance of 2659.59 feet from a found aluminum cap marking the Southwest corner of said Section 4,thence
following the easterly line of the Southeast 1/4 of the Southwest 1/4 of said Section 4,N00.32'11"E a distance
of 55.26 feet to a found 5/8-inch rebar on the northerly right-of-way line of E. Fairview Avenue;
Thence leaving said northerly right-of-way line and following said easterly line,N00.32'11"E a distance of 241.97
feet to the POINT OF BEGINNING.
Thence leaving said easterly line, N89.27'49"W a distance of 14.50 feet;
Thence N00.32'11"E a distance of 494.97 feet to a point on the southerly right-of-way line of E. Eldon Gray
Street;
Thence following said southerly right-of-way line,S89.35'58"E a distance of 14.50 feet to a found brass plug on
the easterly line of the Southeast 1/4 of the Southwest 1/4 of said Section 4;
Thence leaving said southerly right-of-way line and following said easterly line, S00.32'11"W a distance of
495.00 feet to the POINT OF BEGINNING.
Said parcel contains 7,177 square feet, more or less, and is subject to all existing easements and/or rights-of-
way of record.
All subdivisions, deeds, record of surveys, and other instruments of record referenced herein are recorded
documents of the county in which these described lands are situated in.
Attached hereto is Exhibit B and by this reference is made a part hereof.
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PHONE{208)639-6939 Exhibit B - Sewer and Water Easement
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Records Apartments
v=, DATE: October 20 P
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SHEET: A parcel of land situated in a portion of the SE 1/4 of the SW 1/4 of Sec. 4,
1 OF 1 T3N, R1E, B.M., City of Meridian, Ada County, Idaho