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Bayside Taylor Commerce Park Subdivision Water Main EasementADA COUNTY RECORDER Christopher D. Rich 2018-074563 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 08/08/2018 09:35 AM CITY OF MERIDIAN, IDAHO NO FEE Project Name (Subdivision): Bayside Ta for Commerce Park Subdivision -1120 W. Ta lor Water Main Easement Number: Identify this Easement by sequential number if roject contains more than one Water Main easement, ( See instructions for additional information). WATER MAIN EASEMENT THIS Easement Agreement, made this 'I— day of'2" between Bayside Capital Co., Inc, a b r at an Idaho Municipal Corporation a Nevada corporation ("Grantor"), and the City ole id ("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 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, Ws successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the patties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement 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 of this easement. THE GRANTOR covenants and agrees that Grantor 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 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 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 thereof against 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: STATE OF IDAHO ss County of Ada This record was acknowledged before me on ILIZ6date) by John Schubin, on behalf of Bayside Capital Co., in the following representative capacity: President. %tic Meridian City Council Meeting Agenda August 7, 2018 — Page 263 of 572 GRANTEE: CITY OF MERIDIAN STATE OF IDAHO, : ss. County of Ada Cily of SEAL This record was acknowledged before me on -'2 - � - 18 (date) by Tammy de Weerd and C.Jay Coles on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. L40+21 BIX ( Notary Signature My Commission Expires: Qk- TEALEYS LAND 12594 W. Explorer Drive, Suite 150 - Boise, Idaho 83713 SURVEYING (208) 385-0636 Fax (208) 386-0696 Project. No.: 4331 EXHIBIT "A" Date: July, 3, 2018 DESCRIPTION OF CITY OF MERIDIAN WATER EASEMENT 1420 WEST TAYLOR AVENUE FOR BAYSIDE CAPITAL CO., INC A parcel of land situated in Lot 2, Block I of Bayside Taylor Commerce Park Subdivision as on file in Book 103 of Plats at Page 13855 in the Office of the Recorder for Ada County, Idaho, said parcel being located in the SW 1/4 of Section 12, T. N., RAW., B.M., Meridian, Ada County, Idaho and more particularly described as follows: COMMENCING at the South 114 corner of said Section 12, marked by a brass cap; thence along the South line of said Section 12 North 89'49'00" West 884.54 feet to a point on the extended West line of said Lot 2- thence along said extended West line North 00'11'00" East 864.99 feet to the Southwest corner of said Lott, marked by an iron pin; thence, along said West lineof Lot 2 North 0001100" East 97.20 feet to a point on the South line of the City of Meridian Water and Sanitary Sewer Easement recorded under Instrument No. 110120567 in the Office of the Recorder for Ada, County; thence leaving said West line and along said South line South 90'00'00" East 19.00 feet to the POINT OF BEGINNING; thence continuing South 90*00'00" East 20.00 feet; thence leaving said South line at right angles South 00'00'00" West 20.00 feet to a point; thence at right angles North 90'00'00" West 20.00 feet to a point; thence at right angles North 00'00'00" East 20.00 feet to the POINT OF BEGINNING, Said Parcel of Land Contains 400 Square Feet, more or less. 4331-1120-:raylot-Witer-Easc-Dese,doex di m Meridian City Council Meeting Agenda August 7, 2018 — Page 265 of 572 Page I of I ------------------- CITY OF MERIDIAN WATER AND ,SANITARY SEWER EASEMENT. INSTRUMENT No. 00120567 r..._--_ .„..__^T_ L 160 ly. TA YL OR LOT 3, BLOCK I EXHIBIT Y513111 CITY OF MERIDIAN WATER EASEMENTS FOR BAYSIDE CAPITAL CO., INC SITUATED IN LOT 2, BLOCK 1, 1110 W, TA YL OR BAYSIDE TAYLOR COAAERCE PARK SUB, LOT 12, BLOCK A PORTION OF THE SW 1/4, SECTION 12,, T.3N., R.M., B.A. MERIDIAN, ADA COUNTY, IDAHO NW CORNER LOT Z w = I,- Kjal 0 LOT CORNER 1 31� r w I III I 11 11 1/90 W. TAYLOR LOT Z BLOCK 0 to 20 40 m w SCALE IN FEE!' ::. w I' = 20' z 114 CORNER 11 12 17� 884,54' 12 6 69' 14 T13 N 89'49'00" W 2651123' 13 BASIS OF REARING WEST FRANKLIN ROAD 31—Earse—Water,dwg 07-03-18 16-11:50 dmarks Meridian City Council Meeting Agenda August 7, 2018 — Page 266 of 572