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Victory Commons Phase 2 Water Main Easement No. 1 (2021-030018) ADA COUNTY RECORDER Phil McGrane 2021-030018 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 02/24/2021 01:43 PM CITY OF MERIDIAN, IDAHO NO FEE Project Name(Subdivision) Victory Commons Phase 2 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 23rd Day of February , 2021 between Kuna Victory, LLC ("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 Project Name(Subdivision) Victory Commons Phase 2 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 23rd Day of February , 2021 between Kuna Victory, LLC ("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 Item#4. public street, then, to such extent, such right-of-way and casement 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: Kuna Victory, LLC, an Idaho limited liability company By: BV Management Services, Inc., an Idaho core ation, the Manager By: Cortney Liddi , President STATE OF IDAHO ) )ss. County of fX,n nQu i\�e— ) This record was acknowledged before me on this a day of Qlpr-,,&,r 20 ak , by Cortney Liddiard, as President of BV Management Services, Inc., the Manager of Kuna Victory, LLC. BRANCILOVE — COMMISSION NO. 37525 Notary Public for Idaho NOTARY PUBLIC Residing at 7K44.� SD STATE OF IDAHOEXPIRES M commission expires �{-�a -;.o ff [MY COMMISSION EXPIRES O4/t212fi Y p Water Main Easement Version 01/01/2020 Page 72 Item#4. GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 2-23-2021 Attest by Chris Johnson, City Cleric 2-23-2021 STATE OF IDAHO, ) . ss. County of Ada } This record was acknowledged before me on 2-23-2021 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature My Commission Expires: 3-28-2022 Water Main Easement Version 01/01/2020 Page 73 Item#4. 2775 UV.Navigator Drive,Suite 210 Idaho Office Meridian,Idaho 83642 Tel: 208.895.2520 www.horrocks.corn H O R R O C K 5 [['ll 1 N G 1 N 1: I:: k ti Date: December 15, 2020 Project: ID-1402-1810 Page: 1 of 2 EXHIBIT A VICTORY COMMONS-DOMESTIC WATER EASEMENT 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. 12,282, records of Ada county, Idaho, more particularly described as follows: COMMENCING at the southwest corner of said Government Lot 4, from which the northwest corner of said Government Lot 4 bears N.00°38'36"E., 1330.30 feet; thence along the west boundary of said Lot 4, 1) N.00°38'36"E., 490.09 feet, thence leaving said west boundary; 2) N.89°42'17"E., 70.00 feet to the southwest corner of Parcel B of said Record of Survey No. 12,282,thence along the south boundary of said Parcel "B"; 3) N.89°42'17"E., 211.12 feet to the southeast corner of said Parcel "B", thence along the east boundary of said Parcel "B"; 4) N.00°55'07"E., 11.09 feet to the POINT OF BEGINNING, thence continuing along said east boundary; 5) N.00°55'07"E., 30.93 feet, thence leaving said east boundary; 6) N.89°42'17"E., 192.02 feet, thence; 7) N.39°14'22"E., 48.24 feet,thence; 8) S.50°56'20"E., 39.00 feet, thence; 9) N.39°14'22"E., 179.58 feet, thence; 10)S.50°45'37"E., 35.93 feet, thence; 11)S.39°14'22"W., 206.19 feet, thence; 12)S.89°42'17W., 160.50 feet, thence; HAD 1402 Victory Commons/Project Data/04 Survey/4.02 Descriptions and ExhibitslWorkinglExhibit A SHERWIN-WILLIA\4S Water Esmt 081120 Page 74 Item#4. Date: December 15, 2020 Project: ID-1402-1810 Page: 2 of 2 13)S.00°38'28"W., 153.71 feet,thence; 14)N.89°21'32"W., 20.50 feet,thence; 15)N.00°38'28"E., 153.38 feet,thence; 16)S.89°42'17"W., 83.30 feet to the POINT OF BEGINNING. 1 9 6 0 0 01-26-21�o �rF Of ,off WR►G� HAD 1402 Victory Commons/Projcot Data/04 Survey/4.02 Descriptions/Parcel A PBA 012200 Page 75 Item#4. r OR a � a O Q 5 o O � zz ;c N WtiL/ N d `3 90 L 6�S j o -A' O N z W r S�Q 4' o N z z " Hd F- LLI z ❑w # �O LLI z o U w JI ya 1 U C7 � ham% z 2: z U O 2 m ���� I H o � ❑ Lo rLL O O 00 g Div Z z z v m O Ei I • O O O U W� za LL I W I a s E) m Z CN W w Lij M.SME.0S = O r- — N CN2 co U co 4 Q z R,SZ.8€90N z � O O I N C W �co 0 p O . i� z � � H Q Q w 20 d' y0 �• `xc' o o iv ) O � N I00 O> is z� p zLLI `� U Z_ N `j h�Z u-�N � o d LLdNI Q O CO 01-2 fl ILIM � .60'061� T o U w V7 V7 N E XF'0££6 3,.9£.8£o00N o z = N U] � n,a o GH NVIC1lHHlX-VNflX SJo Z 0 'z x � Wtl S4'k S 4ZOZ193lt 14g4M..a B-P 51191HX3 1N3MS'd3 SNOWN00 AMGiOIA Ml;-01%444x3 P..s gd.osaa ZO'P%A.NRS toi.t.O pafmdlsuowwop k0RA M k-OK-OIIOLOZA H Page 76