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Water Main Easement with H.O.T. 1 LLLP for Scenty Pine StreetADA COUNTY RECORDER Christopher D. Rich 2014-075849 BOISE IDAHO Pgs=5 LISA BATT 09117/2014 10:5No 7 AM MERIDIAN CITY IIIIIIIIIIIIillllllllllll Ilillllll IIIIIIII III I III WATER MAIN EASEMENT t b Se.�ev THIS INDENTURE, made this ZAay of4tme, 2014 between H.O.T. 1 LLLP, 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 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 an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline 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 construction, operation, maintenance, repair, replacement of a water main 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 a water line 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 water line, 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. 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 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 Water Main Easement Easement for HOT 1 LLLP 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: H.O.T. 1 LLLP R. Orville Thompson, eneral Partner STATE OF IDAHO ) ) ss County of Ada ) f{ usf On this 2Zn0l day of4ti&, 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared R. Orville Thompson, known or identified tome to be a General Partner of the Limited Liability Limited Partnership that executed the within instrument, and acknowledged to me that such Partnership executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. OF NOTARY Residing af_ Commission 7 - IDAHO Water Water Main Easement Easement for HOT I LLLP GRANTEE: CITY OF MERIDIAN Tammy de W by Mayor L. Holman, City Approved By City Council On: STATE OF IDAHO ) ss County of Ada ) u City of t 1V 3"�naro 7 SEAL �f t` On this < (c day of , 201 `1 , 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. *•••&& ••S1C A J01�r'•• •SEAL) • '•`�l'E OF �•• ease••• Water Main Easement NOTARY PUBLIC FOR IDAHO Residing at:ec", n Commission Expires: la u - -k,--).y LLLP Easement for HOT 1 Legal Description Scentsy Water Easement An easement being located in the SE'/ of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at an aluminum cap monument marking the northwest corner of said SE Y4, from which a brass cap monument marking the northeast corner of said SE'/ bears N 89°39'03" E a distance of 2615,04 feet; Thence N 89°39'03" E along the northerly boundary of said SE'/4 a distance of 629.85 feet to a point; Thence leaving said northerly boundary S 0°20'57" E a distance of 51.00 feet to a point on the southerly right-of-way of E. Pine St. and the POINT OF BEGINNING; Thence leaving said southerly right-of-way S 0`20'57" E a distance of 58.00 feet to a point; Thence S 89039'03" W a distance of 6.69 feet to a point; Thence S 0°03'42" W a distance of 148.48 feet to a point; Thence S 89°56'15" E a distance of 33.91 feet to a point; Thence S 0003'42" W a distance of 10.00 feet to a point; Thence N 89°56'15" W a distance of 43.91 feet to a point; Thence N 0°03'42" E a distance of 158.41 feet to a point; Thence S 89°39'03" W a distance of 3.31 feet to a point; Thence N 0°20'57" W a distance of 58.00 feet to a point; Thence N 89°39'03" E a distance of 20.00 feet to the POINT OF BEGINNING; This parcel contains 3084 square feet and is subject to any other easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC October 28, 2013 Lan Solutions (_� "Lina suwa ing and can,wgng p,L LAND 11118 a T�NW.NP Scemsy Commons Job No. 13-39 Page 1 of 1 m yyM1lyyy2=�=2 M zam,,!. lV C1 Y OOb yq prq{ ¢V{y¢O{O M® - ti 4 c JV J V J V V V V J J J I wmn� fnm—o Oo3 � a EQ c V1 who '6 _wry o I o N_ µl U hl ru �` NI CO W OR J 00 A W a 0 3 O �Zsd Q �I s!yy 5� p�h0 W S ad LV W LL1 I Wp2 W WW33W33 33W `Q I �h= y Z 0 O W 97Ul � SV SV "�'iAM Plbn P�{py tqi Jm z Z Z W I I= 2 -- ______4_7_________ JJ 1 J J _________________ ____ LLJ m o W h 2 017 °J 87 0 2 7/V130 335 O I I � m N N I -- O O m O vn U Q m yyM1lyyy2=�=2 lV C1 Y OOb yq prq{ ¢V{y¢O{O JV J V J V V V V J J J