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FMI at Ten Mile Crossing Water Main Easement No. 1 (2021-020706) ADA COUNTY RECORDER Phil McGrane 2021-020706 Proiect Name(Subdivision): BOISE IDAHO Pgs=8 BONNIE OBERBILLIG 02/08/2021 10:12 AM FMI at Ten Mile Crossing CITY OF MERIDIAN, IDAHO NO FEE Water Main Easement Number: 1 Identify this Easement by sequential number if Project contains more than one Water Main easement. (See Instructions for additional information). WATER MAIN EASEMENT THIS Easement Agreement, made this 26th day of January 20 21 between BVASB Ten Mile Central Commercial No. 1,LLC, DWT Investments LLC,and SCS Investments LLC,collectively ("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 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 Water Main Easement Version 01/01/2020 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 page50 Item#3. GRANTOR: BVASB Ten Mile Central Commercial No. 1, LLC, an Idaho limited liability company by its Executive Managers BV Management Services, Inc., an Idaho corporation By; Co ney Liddia President STATE OF IDAHO ) )ss. County ofeNA J On this J day of t,4"A, �D, 2020, before me, the undersigned, a Notary Public in and for said State, personally appeared Cortney Liddiard, known or identified to me to be the President of BV Management Services, Inc., the corporation that is an Executive Manager of BVASB Ten Mile Central Commercial No. 1, LLC, the limited liability company that executed the witnin instrument or the person who executed the instrument on behalf of said limited liability company, and acknowledged to me that such limited liablity 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. BRANDI LOVE Notary Public for Idaho COMMISSION NO. 37925 NOTARY PUBLIC Residing at STATE OF IDAHO My commission expires k of_ [MY COMMISSION EXPIRES 04112n Water Main Easement Version 01/01/2020 Page 51 s Item#3. 1 i BVASB Ten Mile Central Commercial No. 1, LLC, an Idaho limited liability company by its Executive Managers i Brighton Co ration, an Idaho corporation i By: Robert Phillips, President STATE OF IDAHO ) County of a -hr On this �� day of �J� ky- , 2020, before me, the undersigned, a Notary Public in and for said State, personally appeared Robert L. Phillips, known or identified to g me to be the President of Brighton Corporation, the corporation that is an Executive Manager, of BVASB Ten Mile Central Commercial No. 1, LLC, the limited liability company that executed the ivitnin instrument or the person who executed the instrument on behalf of said limited liability company, and acknowledged to me that such limited liablity 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. FNOTARY MCCURRY COMMISSION 9528 Not Public for`Idaho PUt R 1 Y€� ICrAt€(PIRES 04116/2023 My commission expires 5 . Water Main Easement Version 01/01/2020 Page5z Item#3. DWT INVESTMENTS LLC an Idaho limited liability company By: Brighton Corporation, an Idaho corporation, Manager By: Robert L. Phillips, President STATE OF IDAHO ) : Ss. County of Ada ) This record was acknowledged before me on 2020, by Robert L. Phillips, as the President of Brighton Corporation, an Idaho corporation, manager of DWT Investments LLC, an Idaho limited liability company. 4#NDA MCCURRY COMMISSION r2959 -WYK NOTAF?Y PUBLIC, No ary Public for W ho STATE OF IDAHO My Commission expires MY COMMISSION EXPIHEC,W15 M t SCS INVESTMENTS LLC an Idaho limited liability company By: a,/ _AQ _ is a(il A. Hall Presid nt STATE OF IDAHO ) ) ss. County of Ada ) This record was acknowledged before me on N 10 2020, by Michael A. Hall as the President of SCS Investments LLC, an Idaho limited liability company. AMANDAM CGURRY COMMISSION lotaV�yPublic for lq5kW NOTARN, UBLIC, My Commission Expires: STATE Om Ii3�HO a PIRES 04a'Mj," MY COMMISSION EX � Water Main Easement Version 01/01/2020 page 53 Item#3. GRANTEE: CITY OF MERIDIAN Robert E. Simis yor 1-26-2021 r AN Att y Chris JA�son, C�` , er1 . LL -26-2021 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 1-26-2021 (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 CHARLENE WAY My Commission Expires: 3-28-2022 COMMISSION#t 67390 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 3128122 Water Main Easement Version 01/01/2020 Page 54 Item#3. 2775 W.Navagator Drive,Suite 210 Idaho Office Meridian,Idaho 83642 H O RRO C K Tel: 208.895.2520 www.horrocks.ocks.com 11111 E N G I N E E R S Date: October 21,2020 Project: ID-1865-1908 Page: I of 1 EXHIBIT A FMI DOMESTIC WATER EASEMENT This easement is in a portion of Parcel A and Parcel C of Record of Survey No. 12109, instrument No. 2019-121734, records of Ada county and is situated in a portion of the S.W. '/ of Section 14,Township 3 North, Range I West of the Boise Meridian,City of Meridian, Ada County,Idaho,more particularly described as follows: COMMENCING at the southwest corner of Parcel C of said Record of Survey No. 12109; thence along the west boundary of said Parcel C, 1) N.00°4826"E., 53.29 feet to the POINT OF BEGINNING; thence continuing along said west boundary, 2) N.00°48'26"E.,44.46 feet; thence leaving said west boundary, 3) N.89°113411W., 20.93 feet; thence, L 4) N.00°48'26"E., 20.00 feet; thence, ENSEQ 5) S.89°11'34"E., 39.98 feet; thence, W 196 0 6) S.00°48'26"W., 36.35 feet; thence, 10-21-20�0 7) S.89°11'34"E., 24.72 feet; thence, 'ftaN WR 8) S.00048'26"W., 28.11 feet; thence, 9) N.89°11'34"W., 43.76 feet to the POINT OF BEGINNING. H:/1D-1865-1908 BVA-FMI/Project data/Survey/Legal Descriptions/Parcel A FM1 082019 Page 55 Item#3. EXHIBIT B DOMESTIC WATER EASEMENT FMI AT TM CROSSING W.EXCURSION LN. (PRIVATE) — — L __589�1�4� __.,/.� 1 9 6 0 '° w� 39.98 'T 10-21-20. ,0 N b qrF OFCO It 6 Z _20.93'_ c�� �89°11'34"W co0 S89.11'34"E PARCEL A w I _.,,,,.,�,,. -./_\ ' R.O.S. #12109 io co 24.72' iT' INST#2019-121734 co I l Eg+ 3 z l r N 5 C N r � 1� io __43.76' _ w —' -- N89.11'34"W w W wl 00 N � to PARCEL C 3 z R.0.S. #12109 .5 INST#2019-121734 2 P.O.C. NOT TO SCALE Q PARCEL A ® FOUND 5/8 REBAR & PLASTIC CAP R.O.S. #12109 PARCEL B 12109 P.O.C. POINT OF COMMENCEMENT R.O.S. 9-121 � INST#2019-121734 INST#2019-121734 a P.O.B. POINT OF BEGINNING R CALCULATED POINT DRAWING INFO ATE 10/21/20 7 xv EXHIBIT B SCALE N.T.S. 2775 Navigator Dr.,Suito 210 K REV 0 DATE Meridian,10 8W2 SECTION 14 T3N R1 W S E T OR LtSTtNG {208�p96- � � PROD.NO: fu'°ogs4`ss'.= ehe�` Page 56