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HomeMy WebLinkAboutHabit Grill ESMT-2026-0005 (2026-007569) Ada County Recorder Trent Tripple 2026-007569 Boise,Idaho Pgs=6 dryalls 02/04/2026 08:19:05 AM CITY OF MERIDIAN IDAHO$0.00 Electronically Recorded Project Name or Subdivision Name: Habit Burger&Grill Meridian Water Main Easement Number: Identify this Easement by sequential number Ifthe project contalna more than one easement of this type.5oe Instruationsfebooklist far addilonat Information. For Internal Use Only Record Number: ESMT-2026-0005 WATER MAIN EASEMENT THIS Easement Agreement made this 3rd day of February 20 26 between BVB Ten Mile Crossing Annex, LLC ("Grantor")and the City ofMeridian,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 ofthe 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 casement 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 ofthis easement. i 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 Water Main Easement: Page 1 Version 01/01/2024 II Instrument # 2026-007569 02/04/2026 08:19:05 AM Page 2 of 6 public street, then, to such extent, such right-of-way and casement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and ofno 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 thereofagainst 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: BVB TEN MILE CROSSING ANNEX,LLC By: BV Executive Management,Inc.,an Idaho corporation,the Manager B ristj Taylor,Vic OeQent i<;'it, t of Real state STATE OF IDAHO ss County of Bonneville This record was acknowledged before me on (date)by f t f-isba-k) lo-alor (name of individual), [complete thefollowing I signing in a representative capacity, o�strike the following if signing in an individual capacity] on behalf of�V Fwcuh be,MULL-w?,e]* (name of enti"n behalf of Oom record was executed), in the following represeritati-J,� capacity: V) t`i'r-S'ide- 1La U�type of authority such as officer or trustee) Notary Stamp Below GINA AFRANCOM Notary Signature NOTARY PUBLIC-STATE OF IDAHO My Commission Expires: COMMISSION NUMBER 20226743 MY COMMISSION EXPIRES 1242-2028 Water Main Easement Page 2 Version 01/01/2024 Instrument # 2026-007569 02/04/2026 08:19:05 AM Page 3 of 6 GRANTEE: CITY OF MERIDIAN Robert . Simi on, ayor -3-2026 � SEAL�q Attest by Ch Johnson," W°`y Clerk 2-3-2026 STATE OF IDAHO, } ss. County of Ada ) This record was acknowledged before me on 2-3-2026 (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 Stamp Below CHARLENE WAY Notary Signature COMMISSION No. 67390 My Commission Expires- NOTARY PUBLIC STATE OF IDAHO Water Main Easement Page 3 Version 01/01/2024 Instrument # 2026-007569 02/04/202608:19:05AM Page 4ofO lum January 14,2O28 Project No.:2S-033 TM Center Subdivision No.1 City of Meridian Water Easement bega|Description ExhJbhA A parcel of land for a City of Meridian water easement being a portion of Parcel B of Record of Survey No. 13825(Parcel B being a portion of Lot 5, Block 1 of TM Center Subdivision No. 1, Book 124ofPlats, Pages 198S1'19O63, records of Ada County, |6aho),situated |n the Southwest 1/4of the Northwest 1/4 of Section 14,Township 3 North, Range 1 West, B.M.,City of Meridian,Ada County, Idaho being more particularly described asfollows: Commencing at a 5/8-inch rebar marking the southwest corner of said Parcel B,which bears 5O0^33'33"VVa distance of14O.D2 feet from aq/B'inchrebarmarking the northwest corner of said Parcel B(also being the northwest corner of said Lot 5, Block 1),thence following the southerly line of said Parcel B,S89^26'27°Ea distance ofZ91.7S feet to the POINT OF BEGINNING. Thence leaving said southerly line, NDQ"33'33''Ea distance of18.32feet; Thence N09^26"27°VVm distance of2O.93feet; Thence 5OO^B3`33°VVa distance of8.87feet; Thence N89^2G'Z7,VVa distance of2O.O0feet; Thence NO0^33'33°Ea distance of38.8Ofeet; Thence S8926'27"E a distance of 62.18 feet to the westerly line of an existing ingress/egress, public utilities and emergency access easement per Inst. No.I022-0GW336 and Inst. No. ZU22-O7O286; Thence following said westerly line,SOO'33'33"W a distance of 18.96 feet to the northerly line of an existing City of Meridian sewer and water easement per Inst. No.2022-072452; Thence leaving said westerly line and following said northerly line, N89*26'27"W a distance of 18.50 feet to the westerly line of said existing City ofMeridian sewer and water easement; Thence leaving said northerly line and following said westerly line,SOO'33'33"W a distance of 19.36 feet too5/8-inchrebaron the southerly line of said Parcel B; Thence following said southerly line, N89'26'27"W a distance of 2.75 feet to the POINT OF BEGINNING, Said parcel contains total uf1,453 square feet, more orless, and ix subject tu all existing easements and/or rights-of-*/ayof record orimplied, Attached hereto is Exhibit B and by this reference|s made a part hereof. IS 12459 of 5725Nmnh 0scmye,yxway ° Boise, Idaho 83713 ~ 208.639.6939° kmemg0p.conn Instrument # 2026-007569 02/04/2026 08:19:05 AM Page 5 of 6 P:\25-033VURVEY\CAD\EXFIIBITS\25-033CRT OF MERIDIAN WATER EA.SENIENT.DWO,AARON BALIARD,12/19/2025,DWG TO P13F,K9,09,5X31 L IPDF] vaicw,.ffsssn..~ne.a 'x»av�as sw,ers,�m�'.:�a.araaa�+�:r..�>�.r �ri�aYn xneaaies :�-asra�w:•or {samtran. cw+r:ma -: - BASIS OF BEARING �r r - z ._ SOO'33'33"W 148.82' �t tss P c.� m �Y _ / W � Cr 0 U)-C ( w rn cc,�4 m w o��, w 2 m o8 O v C+t vim! (LAW zM T fl o f00J �rz�r}} ID 00 00 O po Q Cb 1 CD . ro W N Eo f T a Q C W IV M C3 LT m fffl NOO'33'33 E 28.88'y i � + CA,.k .�'a z 00 o Oo aw `�. ' — to O DD `•-� ` allo {� rn �g t \ � wpm �cc ` `ti i Iv N > 04 0`n {va rif t-A0 � Lr1 `< l L1 �\ � ��' !1 3C r i atx',zu�i a L5 to V1 o qD _U� 4 a • a z S. Innovation Lane (Private) M, S4tY4.•W M^ •^^� "aVN:tMilWlrt+��NtlwolalYa" °l�iNti'�t m�i6�e^afkk.21A5Y�R4�M•R:'.RY.uN115iNW.R'AAtiY.fnams��•,w�!�'w•.Ys�nisema.-ASS.w.SAi'S`9'�k'siWtiw.�L^ro�w'.x8aq�'AetWGRti ti,'nA�:."1M� zRC2Y 3asR'YJ/axL;NNiLYAiA':1`ls. o m Exhibit B - City of Meridian Water Easement -- TM Center Subdivision No. 1 'p ;;M ° Situated In Parcel 8 of ROBS No. 13825 of the 5W 1/4 of NW 1/4 of W o Section 14,T3N.,R1W., B.M., City of Meridian,Ada County, Idaho KSYOFCxM �.. �64'k'YK��LE•6.a-�a.S�t 4SR;WF.Y W � •:LR 'A*�%%.M ii A9i'�St19A2i.'Aq �XRY.Y3V,u'YB�Y6k�1.0.�.An+CF'a.+tiiN:'ndua+�.yet+'•92`1V� wPitiYe"RLt'FSMC�-.liQ9'"�`u ��k'Nifn.VX.:a'�Ali:."tM4��tt•YY`9Y1r: Instrument # 2026-007569 02/04/2026 08:19:05 AM Page 6 of 6 W'26'27"e 3 N n890262711w n8902627w a T 20,93 fS.SD n89026127"w_ M 20.00 O0 LD Title: City of Meridian Water Easement Data 12 19 2025 Scale: 1 inch=20 feet File. Tract 1: 0.033 Aeres: 1452 Sq Feet.Closure=s00.3333w 0.01.Feet: Precision-1/21875: Petbleter=219 Feet 001=n00,3333c 18.32 005=n00.3333e 28,88 009=00.3333w 19.36 002=n89.2627w 20,93 006=s89.2627e 62.19 010=n89.2627w 2.75 003=00.3333w 8.87 007=00.3333w 18.96 004=n89.2627w 20.00 008=n89.2627w 18.50 {