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HomeMy WebLinkAboutLaSalle Building at Ten Mile Crossing Water Main Easement (2020-138116) ADA COUNTY RECORDER Phil McGrane 2020-1381 1 6 BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 10/15/2020 11:49 AM Pruiect Name(Subdivision: CITY OF MERIDIAN, IDAHO NO FEE LaSalle Building at Ten Mile Crossing water TV[Mn Easement Number: Identify this Easement by sequential number if Project contains more than one Water Main easement. (See Lnstructions for additional information). WATER MAIN EASEMENT THIS Easement Agreement, made this 13th day of October , 20 20 between BVASB lien Mile LaSalle Building 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 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 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 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 a]I tithes. 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 AGREE, 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. THE GRANTOR covenants and agrees that Grantor 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 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 Water Main Easement 'Version 01/01/2020 Item#13. 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: BVASB TEN MILE LASALLE BUILDING. LLC. an Idaho limited liability company By: BV MANAGEMENT SERVICES, INC., an Idaho corp ratio�1, the Executive Manager By: Thel W.rasper, Vice President STATE OF IDAHO ) ) ss County of bMD&AN On this W'�day of ✓ , 2020, before me, the undersigned, a Notary Public in and for said State, personally appeared Thel W. Casper, known or identified to me to be the Vice President of BV Management Services, Inc., the corporation that is an Executive Manager of BVASB Ten Mile LaSalle Building, LLC, the limited liability company that executed the within instrument or the person who executed the instrument on behalf of said limited liability company. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal the day and year in this certificate first above written BRANDI LOVE L� COMMISSION NO. 37925 Notary Public for Idaho NOTARY PUBLIC Residing ine ra ` STATE OF IDAHO MY COMMISSION EXPIRES O4M226 My commission expires 1-k - 12,-Za ZCA [Grantor's signatures continue on following page] Water Main Easement Version 01/01/2020 page 129 Item#13. BVASB TEN MILE LASALLE BUILDING, LLC, an Idaho limited liability company By: BRIGHTON CORPORATION, an Idaho corporate e Executive Manager By: Robert L. P fillips,President STATE OF IDAHO ) ss County of ) On this day of , 2020,before me, the undersigned, a Notary Public in and for said State, personally appeared Robert L. Phillips, known or identified to me to be the President of Brighton Corporation, the corporation that is an Executive Manager of BVASB Ten Mile LaSalle Building, LLC, the limited liability company that executed the within instrument or the person who executed the instrument on behalf of said limited liability company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written lam- l.�Oc. Notary Public for Idaho Residing in 4 le— SHARI VAUGHAN My commission expires fa - Notary Public-state of Idaho Commission Number 201 si002 My Commission Expires.fun 1, 2024 Page130 Water Main Easement Version 01/01/2020 Item#13. GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor Attest by Chris Johnson, City Clerk STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 10-13-2020 (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: 3-28-2022 Water Main Easement Version 01/01/2020 Page 131 Item#13. 2775 W.Navigator Drive,Suite 210 Merid'an,Idaho Moe lVeridian,Idaho 83642 TO: 208.895.2602 www,horror,ks.com H O RR O C K S Fax: 2 6 561 E N G I N E E R S Date: September 3, 2020 r �" Project: ID-1573-1901 8 60 Page: 1 of 2 91- EXHIBIT A ZOF4 LA SALLE WATER SERVICE EASEMENT This easement is located in a portion of the N.E. '1 of the S.W. '/ of Section 14,Township 3 North, Range 1 West of the Boise Meridian and is situated within a parcel identified as Assessors Parcel No. S 1214315353, City of Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at the northeast comer of said N.E. 1/ of the S.W. '/ , from which the northwest comer of the of the S.W. 11 of said Section 14 bears N.89°11'34"W.,2656.39 feet; thence along the east boundary of said N.E. % of the S.W. '/, 1) S,00°35'28"W., 857.94 feet to the southwest corner of Lot 7, Block 3 of Primrose Subdivision, on file in Book 25,Page 1,576 through 1,577,records of Ada County, also being the northeast corner of said Assessors Parcel; thence along the north boundary of said Assessors Parcel, 2) N,89°12'02"W., 59.31 feet, thence continuing along said north boundary; 3) N.44°25'58"W., 78,72 feet to a point of curvature on the southerly boundary of a parcel described as Parcel 3 in Correction General Warranty Deed, on file as Instrument No. 2017-003266, records of Ada County, thence along said southerly boundary and a curve to the right, 4) Having an are length of 187.56 feet, a radius of 237.50 feet, through a central angle of 45114'55"and a long chord which bears 5.68°11'31"W., 182.73 feet; thence continuing along said southerly boundary, 5) S-89-11'04"E., 15.80 feet to the POINT OF BEGINNING;thence leaving said southerly boundary, 6) 5.00048'57"W., 70.32 feet, thence; 7) N.89°11-04"W., 30.00 feet, thence; HAD-1573-1901 LaSalle Building TM Crossing/Project Data/04 Survey/Descriptions/Water Easement 090320 Page 132 Item#13. Date: September 3, 2020 Project: ID-1573-1901 Page: 2 of 2 8) N.00048157"E., 70.32 feet to said southerly boundary: thence along said southerly boundary, 9) &89°11'04"E., 30.00 feet to the POINT OF BEGINNING. f � o � HAD-1573-1901 LaSalle Building TM Crossing/Project Data/04 Survey/Descriptions/Water Easement 090320 Page 133 Item#13. o �e° ,°� b o � z 2 0 I, — M r ma's�tr* CO � �p�s z f-- fY � m Lu w � r a w a 'j U 1 •� N W Ll! IZ LLJ U) ' L W ro o U Z rM �0 z U c to CN o M U> d.`�'.r P. LU Z Z ' —itLQ U U Olpp �02 a o- U M W LJ o o g z z v z Od O �4 � cow V im �- z p p Q M M„1�,8t�oflS 'Moz w G LU w va � � ���L9�St+•flN ul ,