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Bayside Taylor Commerce Park Subdivision Lot 3, Blk 1 Water Main EasementADA COUNTY RECORDER Christopher D. Rich 2018-074615 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 08/08/2018 10:03 AM CITY OF MERIDIAN, IDAHO NO FEE this Easement by sequential number if Project contains more than one Water Main casement. See Instructions for additional THIS Easement Agreement, made this'] day of 5 2016 between Bayside Idaho LLC, a Nevada limited liability company ("Grantor"), and the City of Meridian an Idaho Municipal Corporation ("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, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties 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 casement. 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 apart thereof, shall cease and become null and void and of no finther 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 141,AN (date) by John Schubin, as President of the Managing Member, on behalf of BaysiW ldilo7 LLC, in the following representative capacity: Manger. LIG GRANTEE: CITY OF MERIDIAN STATE OF IDAHO, ) * ss. County of Ada ) , k-ity tic BRIDIAN*-- IDAHO SEAL This record was acknowledged before me on 2 - Q -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. Notary Signature My Commission Expires: 3 -.a,? -,P. 60,^). Water Main Easement Version 03 26 18 L -C+ 9 BW1 I TEALEY'S LAND 12594 W. Explorer Drive, Suite 160 - Boise, Idaho 837i3 SURVEYING (208) 385-0636 Fax (208) 985-0696 Project. No.: 4331 EXHIBIT "A" Date: July 3, 2018 DESCRIPTION OF CITY OF MERIDIAN WATER EASEMENT 1130 WEST TAYLOR AVENUE FOR BAYSIDE IDAHO, LLC A parcel of land situated in Lot 3, Block 1 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.SN., RAW., B.M., Meridian, Ada County, Idaho and more particularly described'as:follows: COMMENCING at the South 1/4 corner of said Section 12 marked by a brass cap; thence along the -South line of said Section 12 North 89049'00" West 884.64 feet to a point on the extended East line of said Lot 3; thence along said extended East line North 00*1100" East 864,99 feet to the Southeast corner of said Lot 3, marked by an iron pin; -thence along said East line of Lot 3 North 00011'00" 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. 110 120567 in the Office of the Recorder for Ada County; thence leaving said East line and along said South line North 90000'00" West 16.00 feet to the POINT OF BEGINNING; thence leaving said South line at right angles South 00000'00" West 1.2.00 feet to a point; thence at right angles North 90"00'00" West 20.00 feet to a: point; thence at right angles North 00000'00" East 12.00 feet to a point on said South line; thence along said South line South 90000'00" East 20.00 feet to the POINT OF BEGINNING, Said Parcel of Land Contains 240 Square Feet, more or less. 4331-1130-Taylor-Water-Ease-Dese.docx dnm Page 1 of 1 -------------- -fllw-81w-all CITY OF MERIDIAN WATER AND SANITARY SEWER FASEAENT. 'NSTR,JAENY Na, 110120567 $ r— — — — — — — — — 001001000 E I 12.06, N 1130 111. TA YLORI LOT 3, BLOCK If jv J) L L — -- 11/0 W. TAYLOR LOT /;?, BLOCK If EXHIBIT 5"B") CITY OF MERIDIAN WATER EASEMENTS FOR DAYSIDE IDAHO, LLC SITUATED IN LOT 3, BLOCK 1, BAYSID5 TAYLOR COAASRC5 PARK SUB. A PORTION OF THE SW 1/4, SECTION 12, T.3N., RAW., B.A. 14FRIDIAN, ADA COUNTY, IDAHO ------------i L-_ CORNER LOT 3 N 90'00'00' W F s 00*00,00, 12.00, '19 w Ll —j VAS5A5NT 240 S.F. L 0 0 0 ti 1120 W, TA Yl- OR LOT 9, BLOCK I LOT CORNER 312 0 10 20 40 SCALE IN FEET III = 20' o z 114 CORNER 11 12 1766,69' 684.54' 12 j 14 13! N 89*49'00" W 2651,23' y F 13 BASIS OF OARING WEST FRANKLIN ROAD 433I—Ease—Woter,tg 07-03-18 16:12:54 dnarks