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Water Main Easement with H.O.T. 1 LLLP for Scentsy CommericalADA COUNTY RECORDER Christopher D. Rich 2014-075848 BOISE IDAHO Pgs=5 LISA BATT 09/1712014 10:57 AM MERIDIAN CITY NO FEE 1111111111111111111111111111111111 11111111111111111111111111 00022114201400758480050050 WATER MAIN EASEMENT (lo r± Stv.k w, W-.✓ U+15 THIS INDENTURE, made this ay of4tiiw, 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.R. Orvil�s ,`eneraleneral Partner STATE OF IDAHO ) ) ss County of Ada ) L a N1} - On this day of , 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared R. Orville Thompson, known or identified to me 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. ���N�Hwe�ioi� (SEAL) �A��.st��'���iy NOTARY P R IDAHO Residing at ' , ZD �QYY Commission Explfes: t2/ 8 /ear Of Water Main Easement Easement for HOT 1 LLLP GRANTEE: CITY OF MERIDIAN — (� � �'/ Q- �-7 7 7 �-- Tammy� erd Mayor T E.D AU , City of -Aqf est ayeee iJjt! o man, City dark I -A DA O SEAL FyT� v Approved By City Council On: F TP, F77.R STATE OF IDAHO W County of Ada On this day of1 , M , 201 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. .j QAr 0 . NiTARY PU IC FOR inkm SAL) : Residing at: K4cktdl wn Commission Expires: Water Main Easement Easement for HOT 1 LLLP Legal Description Scentsy Water Easement An easement being located in the SE Y4 of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a brass cap monument marking the southeast corner of said SE'/, from which a brass cap monument marking the northeast corner of said SE '/4 bears N 1°02'07" E a distance of 2650.24 feet; Thence N 1°02'07" E along the easterly boundary of said SE'/o a distance of 1748.28 feet to a point; Thence leaving said easterly boundary N 88°55'28" W a distance of 127.02 feet to a point on the westerly right-of-way of N. Eagle Road; Thence leaving said westerly right-of-way N 88°55'27" W a distance of 691.39 feet to the POINT OF BEGINNING; Thence S 2°29'30" W a distance of 170.04 feet to a point; Thence S 87010'18" E a distance of 59.90 feet to a point; Thence S 2°49'42" W a distance of 20.00 feet to a point; Thence N 87°10'18" W a distance of 59.79 feet to a point; Thence S 2°29'30" W a distance of 30.35 feet to a point; Thence S 90"00'00" E a distance of 118.06 feet to a point; Thence N 0000'00" E a distance of 10.00 feet to a point; Thence N 90°00'00" E a distance of 10.21 feet to a point; Thence S 1 "11'29" W a distance of 30.01 feet to a point; Thence N 90°00'00" W a distance of 148.54 feet to a point; Thence N 2°29'30" E a distance of 240.78 feet to a point; Thence S 88055'27" E a distance of 19.99 feet to the POINT OF BEGINNING; This parcel contains 8674 square feet and is subject to any other easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC October 28, 2013 Lan�dS�olutlons -u d S.rv,T lg and C.I.Iing L L A NO aUOW ary Scantsy Commons Job No. 13-39 Page 1 of 1 W� o u °' o" N ,® 'o n p c^ dZOS9Z 2❑OVO&37OV3 ' ,ru 96'!06 -N _ JNIYV39 30 SISVO b c 3 „LOZO.! N °� �m d a IK 0G�2 2 0 �nG'Qory W ' w� IK W' o W r � b m � 2 W y 3 � z � � CW ��» Z Wog vwi �h2 U 067 Lij L7 Iw— �nJ��J J�(OR Nis — — 0/,/ 16. /17'� Q Q, 00 a jV) Q �a � i yo `— P Z d XS W d V V) O 0 W 3 3 W W O O h 0.1 O O O O g p O n 7 O p ;. �ry000 ry^ y � pNyi O O 2 h 0 0 y U^ 2 0 g 2 2 0 N O Z W O M!nzn"—� O