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Victory Commons Lot 2 Water Main Easement No. 2 (2020-162601) ADA COUNTY RECORDER Phil McGrane 2020-162601 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 11/25/2020 12:13 PM CITY OF MERIDIAN, IDAHO NO FEE Pr2j,ect Name JSubdivision): Victory Commons Water Nlain Easement Number: 2 Idenfil-v this Easement by sequential number if Project contains more than one Water Mahi easement- (See InstmCtions for additional ill 1,611lation), WATER MAIN EASEMENT THIS Easement Agreement, made this 24th day of November20 20between Luna Victory, ILLC ("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 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 casement, 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 Water Main Easement Version 01/0 1/2 02 0 Item#2. 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. [END OF TEXT; SIGNATURES TO FOLLOW] Water Main Easement Version 01/01/2020 Page 13 GRANTOR: Kuna Victory, LLC, an Idaho limited liability company By: BV Management Services, Inc., an Idaho corporation, the Manager �-71�By: C (rtney Lid rd, President STATE OF IDAHO ) )ss. County of On this '5y"day of NoVe,-n, , 2020, before, me the undersigned a Notary Public in and for said State, peronally appeared Cortney Liddiard, known or identified to me to be the President of BV Management Services, Inc., the corporation that is the Manager of Kuna Victory, LLC, the limited liability company that executed the within instrument or the person who executed the instrument on behalf of said limited liability company, and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho BRANCI LOVE COMMISSION NO. 37925 Residing at Zd,41tx C=-�l5 1� NOTARY PUBLIC My commission expiresSTATE OF IDAH MY COMMISSION EXPIRES o4/12/26 Water Main Easement Version 01/01/2020 Item#2. GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor Attest by Chris Johnson, City Clerk STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 11-24-2020 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) Notary Signature My Commission Expires: 3-28-2022 Water Main Easement Version 01/0 1/2020 Page 15 Item#2. 2775 W.Navigator Drive,Suite 210 Idaho Office Meridian,Idaho 83642 Tel: 208.895.2520 www.horrocks.com H O RRO C K S E N G I N E E R S Date: July 23, 2020 Project: ID-1402-1810 Page: i of 1 EXHIBIT A This easement is situated in Government Lot 4 of Section 19,Township 3 north, Range I East, Boise Meridian, City of Meridian,Ada County, Idaho, being a portion of Parcel A of Record of Survey Property Boundary Adjustment No. 8699, records of Ada county, Idaho, more particularly described as follows: COMMENCING at the southwest corner of said Government Lot 4; thence along the west boundary of said Government Lot 4, 1) N.00°38'36"E., 1330.30 feet to the northwest corner of said Lot 4; thence along the north boundary of said Lot 4, 2) N.89°41'44"E., 70.00 feet to the northwest corner of said Parcel "A" and a point on the easterly right of way of south Kuna-Meridian road as it now exists, thence along said right of way; 3) S.00°38'36"W., 289.98 feet to the POINT OF BEGINNING, thence leaving said right-of-way; 4) S.89°28'I0"E., 137.91 feet, thence; 5) S.00°3l'50"W., 15.00 feet, thence; 6) N.89°28'10"W., 137.93 feet to the said right of way, thence along said right of way; 7) N.00°38'36"E., 15.00 feet to the POINT OF BEGINNING. Containing 2,068,80 square feet,more or Iess. ��Ss XrENS o �G 196 0 d, 9-24-20�o 9p� Of ,gyp 9pN WR1G� HAD 1402 Victory Coinmons/Project Data/04 Survey/4.02 Descriptions/Parcel A PBA 012200 Page 16 Item#2. LU — __ r C7 w J merle O w OR Cam LU p oy o z w Q u, 6 4 oyo oo� z„ CflN o ~ U- LL. m a CD a 4 U z w U �=Cc U0 C,z 2 4 4 W Cc w w a oJ J r a m w Wa N M O I4� m U W a o 0 N I w LU O m co �- rn M I� p z m IL W � 00 Z `� ❑ X o Oq � W LU 0 CV00 J O� cc) ON ON LLJ N CC) O UN O F I w ^ U Nuj ¢ a ° Lu ao z � > � a caLLJ q U U v) i9 w � M � ° pp � � � ° I � � P °"� 0 4 ° Z p o 4ri z [� za� m a z Q a=a z r` 186'68Z ` ,99'00£ `, z w A Z LLN „9EL8£o0S EI19E1MON p o b t� a P --� 8£G 3„98,86o00N Q s M[2� o �o CIN I Vl(lIHHW-VNflx 'S _ N 0 � z VJd 1 GS OZ6Zi4Zl6 iII6W4l uo 6mp S1191HX3 1N3V43SV3 SNOVJA03 1.HOL31A tat L-ansoq duasa - Aaem y �ye3 pue sung OZ645 5401eieO loafo,dlsuowwoO A�o1�I�Ok81206LOp840�GH Page 17