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Northpointe Commercial Subdivision Water Main EasementADA COUNTY RECORDER Christopher D. Rich 2017-086506 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 09/14/2017 11:48 AM CITY OF MERIDIAN, IDAHO NO FEE WATER MAIN EASEMENT BLACKHAWK INVESTMENTS/IDAHO, LLC THIS INDENTURE, made this \rday of 6--; 20 / between (aka BLACKHAWK INVESTMENTS, LLC) 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 purpose 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 malting 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 REV. 08/15/16.doe 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. M"9)1d1"Gf/L_ STATE OF IDAHO ) ss. County of Ada ) On this 0 day ofL- ` 20 l , before me, the undersigned, a Notary Public in and for said State, personally appeared --Yajnez� f V 6 and AJ A , known or identified to me to be the Rfesi -&eeretary, respectively, of the c r-peratieT that executed the within insfr`uum'vtu ecitan ' acknowledged to me that such corporation executecthe same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. �S T�� ®®� NOTA Y P LIC FOR IDAHO �. Residing at. m Commission Expires: i 9,l 1 0- r?10 t W Waterly®®� OF 1108e®N1040% REV. 08/15/16.doe GRANTEE; CITY OF MERIDIAN o�QO�p,1EAALor CL� r Tammy de Weerd, ayor Ec,ItIDIAN�- IDAHO SEAL Atte s , y C'J Coles, City Cleric the TRE Approved By City Council On; STATE OF IDAHO, ) ss County of Ada ) On this 0 day of.S Iy, 20 J1, before file,the undersigned, a Notary Publicini and for said State, personally appeared- Tammyde Weerd and Way Coles, known to me, to be the Mayon 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. NOTARY PTJBL-/ FOI t Ip HO� nn ,,,�� Residing at, .Q1LlG�(_ ), Commission Expires; .3 AA"2 "ID Water Mani 8466 inent REV. OslIS/mdoc STATE OF IDAHO) ss. COUNTY OF ADA) On this 281" day of August, 2017, before me, a Notary Public in and for said State, personally appeared James W Durst, known or identified to me to be the Manama of the Limited Liability Company that executed the instrument or the person who executed the instrument on behalf of said Limited Liability Company, and aelmowledged to me that such Limited Liability Company executed the same. In witness Whereof, I have hereunto set nay hand and affixed lily official seal the day and year in this certificate first above written, Notary Public for t Residing at: Boise, My Commission E State 12-10-2019 Legal Description Northpointe Commercial Subdivision No. 1 City of Meridian Water Easement Exhibit A An easement being over a portion of Lot 3 of Block 1 of Northpointe Commercial Subdivision No. 1 as shown in Book 102 of Plats on Page 13713, records of Ada County, Idaho, being located in the SE % of Section 26, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at an Brass Cap monument marking the southeast corner of said SE %, from which a Brass Cap monument marking the southwest corner of said SE % bears N 89028'32" W a distance of 2625.52 feet; Thence N 89°2832" W along the southerly boundary of said SE % a distance of 300.97 feet to a point; Thence leaving said southerly boundary N 0031'28" E a distance of 35.00 feet to a point marking the southeast corner of said Lot 3; Thence N 0°25'00" E along the easterly boundary of said Lot 3 a distance of 242.54 feet to a point marking the northeast corner of said Lot 3; Thence N 89°34'57" W along the northerly boundary of said Lot 3 a distance of 38.23 feet to the POINT OF BEGINNING; Thence leaving said northerly boundary S 0°25'03" W a distance of 25.50 feet to a point; Thence N 89°34'57" W a distance of 28.00 feet to a point; Thence N 0026'37" E a distance of 25.50 feet to a point on the northerly boundary of said Lot 3; Thence S 8903457" E along said northerly boundary a distance of 27.99 feet to the POINT OF BEGINNING. This easement contains 714 square feet (0.016 acres) and is subject to any other easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC August 24, 2017 L' bl l ; i�Land Surwying and Consulling `o%yp,L LA Np s a 11118 C�, JTT 0 F \O �NW.�P Northpointe Commercial Job No. 17-21 Page 1 of 1 NORTHPOINTE COMMERCIAL SUBDIVISION NO. 1 CITY OF MERIDIAN WATER EASEMENT - EXHIBIT B m 26 1/4 3 - LOT 2 PARCEL # R6120660300 NORTHPOINTE COMMERCIAL SUBDIVISION NO.1 LOT 3 W. MCMILLAN RD. — 2625,52' POINT OF BEGINNING LOT 1 L4 N8934'57"W LINE TABLE LINE # LENGTH DIRECTION Li 25.50' SO'25'03"W L2 28.00' N89'34'57"W L3 25,50' NO'26'37"E L4 27.99' 589'34'57"E PARCEL # R6120660300 NORTHPOINTE COMMERCIAL SUBDIVISION NO.1 LOT 3 W. MCMILLAN RD. — 2625,52' POINT OF BEGINNING LOT 1 L4 N8934'57"W 38.23' J( IJ 72 AREA=714 SP N 0 z z 0 in 7 m r � w e o <t m w o u� w N O cq z N Z WW F -- z 0 a. t� 0 z z I 0 a' o` w w; Z N:0 I _.O p LO Z O•" Z: » 300.97' 26 25 -- v N89'28'32"W BASIS OF BEARING 35 36 futions Land Surveying and Consulting 231 E. STH ST., STE. A MERIDIAN, ID 83642 (208) 288-2040 (208) 280.2557 fax ww WJa n dsol utlons. biz