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Water Main Easement for Scentsy No. 3ADA COUNTY RECORDER Christopher D. Rich BOISE IDAHO Pgs=7 VICTORIA BAILEY 2015-061372 MERIDIAN CITY 07/09/2015 09:37 AM 1111111III11111I1111111111 II II NO FEE ����� ����� ���� �� ��� 00119446201600613720070074 WATER MAIN EASEMENT THIS INDENTURE, made this t,? da `' 4_. y of -', 20`t�t between H.O.T. 1, LLLP, the parties of the first part, and hereinafter called the GRANTORS, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTORS desire 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 GRANTORS, and other good and valuable consideration, the GRANTORS do hereby give, grant and convey unto the GRANTEE the right-of-way for an easement over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the put -pose of construction and operation of a water line and their allied facilities, together with their maintenance, repair, replacement and subsequent connection 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 making repairs, performing maintenance, replacements or subsequent connections to the water mains, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such procedures. 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. Water Main Easement EASMT WAT 11-15-13.doc THE GRANTORS hereby covenant and agree 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 GRANTORS hereby covenant and agree 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 effect and shall be completely relinquished. THE GRANTORS do 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. -SIGNATURE PAGES TO FOLLOW - Water Main Easement EASMT WAT 11-15-13.doc I al L1101 2701 E. Pine Ave.. Meridian ID 83642 Address STATE OF IDAHO ) : ss. County of Ada ) On this )�y -4 day of ; 1 tA_y'1 e_ 20 (J , before me, the undersigned, a Notary Public in and for said State, personally appeared Z. (}ryi Ike, T( io> ne,5cn and r 73hnrrt� ; by , known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) amps X14 —' NO'CARY PUBLIC FOR IDAHO 1"4�� Residing at: r1 re mT (x nynh ,4 Commission Expires: -11201-7 € IC ®._ OF 110 Water Main Easement EASMT WAT 11-15-13.doc GRANTEE: CITY OF MERIDIAN L G --- /l . (--L--- n C by Saee L. Approved By City Council OnXL STATE OF IDAHO, ) : ss County of Ada ) Cory of ?A6;dZv%T On this -A-- day of , �j I I sI , 20��, before me, the undersigned, a Notary Public in and for said State, personally appeared nd Jaycee L. Holman, known to me to be the �I#teg r adC,it�C�lerk, respec rve y, of t e iC ty of Meridian, Idaho, and who executed the w'Y iin"m2umen-wand 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. tQ 1. 0gea0 n� NOTAAh'PUB�LICp �T�ORJIDAH0 Residing at: l� �n 0.1-1 Qb Commission Expires: 0V V) y , �1p'�O Water Main Easement EASMT WAT I1-15-13.doc J Q J = � J 3 q 3 W 3 W O� W W m W O 3 N N 3 0 W 2 h N W 0 q OIVI&F39 JO S/SY9 l� N h v M ,LO,za[ s _ OVON 379V3 N,bZasaz °' `O O) v Z6 los _ Q 'K 3 N p R LUV ZZ 2 ® N N M ,00'OSb M «Go SO,O S N S w' M bb 3 � o N0 f J N ry� / X g Ow � lij 4 Z W z p=W 666bb M £O, SO.OS ��OOR Al Cw LU Q amZ5 O W 17 J Ois W LJJ� L7 b 97 C� SSP �\ rilo s GV Q Q z d Q 4 zLO b "2 ZW O h LL ,U v / O N V pzw s 6 0 �m4i m O N m 67 J [[7 J ,66'6bb 3 „Ob, 60.0 N O - Ln n O J Q J = � J 3 q 3 W 3 W O� W W m W O 3 N N 3 0 W 2 h N W 0 l� N h v h b v Legal Description Scentsy Warehouse No. 3 - City of Meridian Water Easement — Exhibit A Easements located in the SE %4 of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Easement No, 1 Commencing at a brass cap monument marking the northeast corner of said SE %, from which a brass cap monument marking the southeast corner of said SE'/4 bears S 1002'07" W a distance of 2650.24 feet; Thence S 1002'07" W along the easterly boundary of said SE '/4 a distance of 901.97 feet to a point; Thence leaving said easterly boundary N 88°55'27" W a distance of 1764.51 feet to the POINT OF BEGINNING; Thence S 1 °04'47" W a distance of 109.39 feet to a point; Thence N 88055'29" W a distance of 20.00 feet to a point; Thence N 1004'47" E a distance of 29.55 feet to a point; Thence N 89031'53" W a distance of 8.13 feet to a point; Thence N 0028'07" E a distance of 20.00 feet to a point; Thence S 89031'53" E a distance of 8.34 feet to a point; Thence N 1004'47" E a distance of 59.84 feet to a point; Thence S 88055'27" E a distance of 20.00 feet to the POINT OF BEGINNING; This parcel contains 2,353 square feet and is subject to any other easements existing or in use. Easement No. 2 Commencing at a brass cap monument marking the northeast corner of said SE %, from which a brass cap monument marking the southeast corner of said SE '/4 bears S 1002'07" W a distance of 2650.24 feet; Thence S 1'02'07" W along the easterly boundary of said SE '/4 a distance of 901.97 feet to a point; Thence leaving said easterly boundary N 88°55'27" W a distance of 2297.51 feet to the POINT OF BEGINNING; Thence S 0°04'41" W a distance of 292.22 feet to a point; Thence N 89°55'19" W a distance of 20.00 feet to a point; Lr9�b1LA' 10nZ5 Scentsy Warehouse No. 3 (`,Mena swvey]ng zna consurong Job No. 15-31 Page 1 of 2 Thence N 0°04'41" E a distance of 292.57 feet to a point; Thence S 88055'27" E a distance of 20.00 feet to the POINT OF BEGINNING. This parcel contains 5,847 square feet and is subject to any other easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC \oNPt tAN6 May 18, 2015 sT� tis m. 11 ov -' 1 �b IU pUons Scentsy Warehouse No. 3 tantl Surveying and ConsWting Job No. 15-31Page 2 of 2