Hathaway Warehouse Water Main Easement (2021-078847) ADA COUNTY RECORDER Phil McGrane 2021-078847
BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 05/19/2021 11:02 AM
CITY OF MERIDIAN, IDAHO NO FEE
Project Name(Subdivision):
Hathaway Warehouse
Water Main Easement Number:
WATER MAIN EASEMENT
THIS Easement Agreement, made this 18 th day of M ay , 2021 between 2168 E. Franklin, 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
Water Main Easement Version 0 1/0 1/2020
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.
GRANTOR: 2168 E Franklin LLC
a o bnett,Manager w
ATE OF IDAHO )
ss
County of Ada )
This record was acknowledged before me on date) by Shannon Robnett
(name of individual), [complete the following if*signin?g-jCing'a representative capacity, or strike
the following if signing in an individual capacity] on behalf of 2198 E Franklin LLc
(name of entity on behalf of whom record was executed), in the following representative
capacity: Manager (type of authority such as officer or trustee)
too.N-
-1btary Signature
My Commission Expires:
�' :� PUBLIC tip:
o.
--Q-1 ff)q[X,4-
Water Main Easement Version 01/01/2020
GRANTEE: CITY OF MERIDIAN
Robert L Simi on, ayor 5-18-2021
C - IL7IAN*
Attest by Chri ohnson, °'t. �_=��`'rk 5-18-2021
STATE OF IDAHO, )
: ss.
County of Ada )
This record was acknowledged before me on 5-18-2021 (date) by Robert E. Simison
and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City
Clerk, respectively.
Cha&wW"
CHARLENE WAY Notary Signature
COMMISSION#67390 3-28-202
NOTARY PUBLIC My Commission Expires:
STATE Of IDAHO
MY COMMISSION EXPIRES 3128122
Page 83
Water Main Easement Version 01/01/202
Item#4.
I DAH O 9955 W Emerald St
SURVEY Boise, ID 83704
GROUP Phone: (208) 846-8570
Fax: (208) 884-5399
Exhibit"A"
Legal Description for
Hathaway Warehouse
Water Main Easement
April 20, 2021
A portion of Lot 2, Block 1 of Whitehawk Subdivision, according to the official plat
thereof, as filed in Book 105 of Plats at Page 14247, Ada County Records, situated in the
SE 1/4 of the SW 1/4 of Section 8, T.3N., R.IE., B.M., located in the City of Meridian,
Ada County, Idaho, being more particularly described as follows:
COMMENCING at the southwest corner of said Lot 2; thence on the south boundary line
of said Lot 2, North 89°37'18" East, 11.00 feet, to the west boundary line of that City of
Meridian water main easement recorded as Instrument No. 112117351, Ada County
Records; thence on said west boundary line, North 00°23'00" West, 24.00 feet, to the
REAL POINT OF BEGINNING;
thence continuing North 00°23'00" West, 35.42 feet;
thence North 89°37'18" East, 20.00 feet;
thence South 00°23'00" East, 35.42 feet to the north boundary line of said City of
Meridian water main easement recorded as Instrument No. 12117351;
thence on said north boundary line, South 89°37'18" West, 20.00 feet to the REAL
POINT OF BEGINNING.
Containing 708 square feet more or less.
End of Description. Alt/y
Page 84
Item#4.
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INST. NO. 112117352 SUBDIVISION
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Hothowa Warehouse 21-195 dw water line Exhibit.dw 4 22 2021 11:24:30 AM
IDAHO LEGAL HEBXIHIBITT FOR JOB NO.
21-195
SURVEY B955 OISW.EMERALD 3704 HATHAWAY WAREHOUSE SHEET NO.
BOISE4-8570AHO 704 WATER MAIN EASEMENT
t ('� (206)646-6570
GROUP, PLC A PORTION OF LOT 2, BLOCK 1, WHITEHAWK SUBDIVISION SITUATED IN THE SE 1/4 OF THE SW Page85
1/4 OF SECTION 8, T.3N., R.1E., B.M., LOCATED IN THE CITY OF MERIDIAN, ADA COUNTY, IDAHO