Sanitary Sewer and Water Main Easement with SCS Brighton, LLC for Parcel 16 for Franklin Ten Mile to Linder ProjectADA COUNTY RECORDER Christopher D. Rich AMOUNT .00
BOISE IDAHO 04!25!13 11:51 AM
DEPUTY Bonnie Oherbillig III IIIIIIII'I'lll'll"IIIIIIII'lIlIll
RECORDED-REQUEST OF 11 ~ki~~7•~1
Meridian Ciiy
SANITARY SEWER AND WATER MAIN EASEMENT
PARCEL 16 -SCS BRIGHTON, LLC
EASEMENT NO.1
THIS INDENTURE, made this ~ day of {~~- ~r~~ ~ , 2013 between
SCS Brighton, LLC, the party of the first part, and hereinafter called the GRANTOR, and the
City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the
GRANTEE;
WITNESSETH:
WHEREAS, the GRANTOR desires to provide a sanitary sewer and water mainright-of--way
across the premises and property hereinafter particularly bounded and described; and
WHEREAS, the sanitary sewer and water main is to be provided for through underground
pipelines to be constructed by others; and
WHEREAS, it will be necessary to maintain, service and subsequently connect to 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 EXHIBIT A and B)
The easement hereby granted is for the purpose of construction and operation of sanitary
sewer and water lines and their allied facilities, together with their maintenance, additional
connection thereto, 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,
it's successors and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,
that after construction, making repairs, performing other maintenance or making subsequent
connection to the sanitary sewer and water lines, GRANTEE shall restore the area of the
easement and adjacent property to that existent prior to undertaking such construction,
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 of 3
SCS Brighton, LLC - Easement No. 1
THE GRANTOR hereby covenants and agrees that they will not place or allow to be placed
any permanent structures, trees, brush, or perennial shrubs or flowers within the area
described for this easement, which would interfere with the use of said easement, for the
purposes stated herein.
THE GRANTOR hereby covenants and agrees with the GRANTEE that should any part of
the right-of--way and easement hereby granted 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 they are lawfully seized
and possessed of the aforementioned and described tract of land, and that they have a good
and lawful right to convey said easement, and that they will warrant and forever defend the
title and quiet possession thereof against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their
signatures the day and year first herein above written.
GRANTOR:
SCS Brighton LLC, an Idaho limited liability company
By: Brig on Corporation, an Idaho corporation, Manager
David W. Turnbull
President, Brighton Corporation
STATE OF IDAHO )
ss
County of Ada )
2013, before me, the undersigned, a Notary
On this ~ day of ~~
Public in and for said State, pers nally appeared David W. Turnbull known or identified to me to be
the President of the corporation that executed the within instrument, and acknowledged to me that
such corporation executed the same.
1N WITNESS WHEREOF, I have hereunto set my hand
fist above written.
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Commission
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my official seal the day and year
Page 2 of 3
SCS Brighton, LLC -Easement No. 1
GRANTEE: CITY OF MERIDIAN
Tammy de Weer.; ayor ~~;~
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Cit of
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Attest Jaycee L. Holman, City Clerk E II~IAN~-
IDAN~
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Approved By City Council On: ~`~~ J~'~ -~ °~
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STATE OF IDAHO
County of Ada
ss
O
On this~_ day of Y-~ , 2013, before me, the undersigned, a
Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE L.
HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian,
Idaho, and who executed the within instrument, and acknowledged to me that the City of
Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
first above written.
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Sanitary Sewer And Water Main Easement Page 3 of 3
SCS Brighton, LLC -Easement No. 1
EXHIBIT A
UTILITY EASEMENT DESCRIPTION
FOR THE
CITY OF MERIDIAN, IDAHO
PARCEL 16 - SCS BRIGHTON, LLC
EASEMENT NO. 1
An easement for utility purposes located in the NW `/a of Section 14, Township 3 North, Range 1
West, Boise Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at a 5/8 inch diameter iron pin marking the northwesterly corner of said NW `/a
from which a 5/8 inch diameter iron pin marking the northeasterly corner of said NW `/4 bears
S 89°09'35" E a distance of 2658.24 feet;
Thence S 89°09'35" E along the northerly boundary of said NW `/a a distance of 682.38 feet to a
point;
Thence leaving said northerly boundary S 0°50'25" W a distance of 70.87 feet to the POINT OF
BEGINNING;
Thence S 0°25'58" E a distance of 52.65 feet to a point;
Thence S 89°01'51" E a distance of 39.37 feet to a point;
Thence N 0°50'25" E a distance of 53.63 feet to a point;
Thence S 89°34'02" W a distance of 40.55 feet to the POINT OF BEGINNING.
This parcel contains 2,123 square feet (0.049 acres) and is subject to any other easements
existing or in use.
Prepared by: Glenn K. Bennett, PLS
Civil Survey Consultants, Incorporated
March 5, 2013
EXHIBIT B
SKETCH TO ACCOMPANY EASEMENT DESCRIPTION
LOCATED IN THE NW 1 /4 OF SECTION 14,
TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN,
ADA COUNTY, IDAHO.
10.11 S 89'09'35" E ,. 2658.24' ^ 1 /4
15v14 ~ 682.38' 1975.86' ~"
I
I
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of FRANKLIN ROAD
~I
I SCALE: 1 "=20'
31
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of
N)
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I
POINT OF I
BEGINNING I
S 89'34'02" W
40.55'
wl Iw
~~~ EASEMENT ~~N
N~~ N0. 1 ~~°
o• o
NI IZ
1 s ~ 39.37'
S1214223250 S 89'01'51" E
2905
SCS BRIGHTON, LLC