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Scentsy Warehouse No. 2 Water Main Easement No. 1 ESMT-2021-0143 (2021-179327) ADA COUNTY RECORDER Phil McGrane 2021-179327 BOISE IDAHO Pgs=5 ANGIE STEELE 12/22/2021 12:00 PM CITY OF MERIDIAN, IDAHO NO FEE Scentsy Warehouse No. 2 Water Main Easement No. 1 ESMT-2021-0143 WATER MAIN EASEMENT THIS Easement Agreement, made this 21st day of December 20 21 between H.O.T. 1 LLLP ("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 malting 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. GRANTOR: H.O.T. 1 LLLP Chase Weaver STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on b} c,�& 2ri(date) by Chase Weaver (name of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of H.O.T. 1 LLLP (name of entity on behalf of whom record was executed), in the following representative capacity: Agent (type of authority such as officer or trustee) t (stamp) FJAYME DANNER Notary Sig ature NOTARYPUBLIC-STATE OF IDAHO My Pommission Expires:,-Q1oISSION NUMBER 56229ISSION EXPIRES 7-26-2023 Water Main Easement Version 01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 12-21-21 Attest by Chris Johnson, City Clerk21-21-21 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me 0112-21-2021 (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 Commission Expires: 3-28-2022 Residing in Meridian, Idaho Notary for Idaho Water Main Easement Version 0 1/0 1/2020 Item#5. LEGAL DESCRIPTION THE Page 1 OF 1 LAN D GROUP November 1, 2021 EXHIBIT"A" CITY OF MERIDIAN SCENTSY WAREHOUSE#2 UTILITY EASEMENT An easement,situate in a portion of Northwest Quarter of the Southeast Quarter of Section 8,Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: COMMENCING at the Center One Quarter corner of said Section 8 (from which the East One Quarter corner of said Section 8 bears South 89°54'50" East, 2615.03 feet distant);thence on the east-west mid- section line of said Section 8,South 89°54'50" East, 1195.80 feet;thence leaving said mid-section line, South 00°05'10"West,863.59 feet,to the POINT OF BEGINNING: Thence South 02°34'47" West, 22.00 feet; Thence South 46°40' 22" West,42.89 feet; Thence North 88'29'06"West,49.73 feet; Thence South 01'30' 54" West, 17.50 feet; Thence North 88'29'06" West, 10.00 feet; Thence North 01°30' 54" East, 17.50 feet; Thence North 88'29'06" West, 12.90 feet; Thence South 46°30' 54"West,45.25 feet; Thence North 88°29'06"West, 17.83 feet; Thence South 01°30' 54" West,33.05 feet; Thence North 88°29'06"West, 15.00 feet; Thence North 01'30' 54" East,43.05 feet; Thence South 88°29' 06" East, 28.69 feet; Thence North 46°30' 54" East,45.25 feet; Thence South 88'29'06" East, 22.04 feet; Thence South 88°29'06" East, 50.60 feet; Thence North 46°40' 22" East, 34.72 feet; Thence North 02°34'47" East, 18.00 feet; Thence South 87°08'08" East, 10.00 feet to the POINT OF BEGINNING. The above-described easement contains 2,745 Ft2(0.06 Acres), more or less. PREPARED BY: 1,LAl� The Land Group, Inc. $\GENS slr Michael Femenia, PLS a 04 1 0 OF\9 4 S. 11/01/2021 462 East Shore Drive, Suite 100, Eagle, Idaho 83616 208.939.4041 thelandgroupinc.com Page 131 Item#5. E 1/4 SEC.8 Utility Easement CP&F#2020-052069 for E. PINE AVE. City of Meridian _ _ S89°54'50"E 2615.03' Situate in a Portion of the NW 1/4 of the SE 1/4 of Section 8 1195.80' 1419.23' Township 3 North,Range 1 East,Boise Meridian C 1/4 SEC.8 City of Meridian,Ada County,Idaho CP&F#2019-055315 h1vv R/W 2021 R/W R/W R/W R/W CIS r o E. COMMERCIAL ST. g 00 POB 'L6 NO2°34'47"E 18.00' J CITY OF MERIDIAN UTILITY EASEMENT �p. 2,745 Ft2(0.06 Acres)± 2751 E COMMERCIAL ST ono HOT 1 LLLP _ S88°29'06"E 50.60' 6`L APN:S1108428200 phi N88029'06"W 49.73' S88029'06"E 28.69' 10. L3 Line Table 5� LINE BEARING LENGTH Lu M p,L LA L1 S02°34'47"W 22.00' o ' N88°29'06"W 17.83' �GENS `r�� L2 S01°30'54"W 17.50' ch W G r L3 N88°29'06"W 10.00, 0 0 co z o a 13 L4 N01°30'54"E 17.50' 0 L5 CO L5 N88°29'06"W 15.00' `�l T OF 0 L6 S87°08'08"E 10.00, S. 9 11/U1/2U21 3 Exhibit "B„ 0 30' 60' Horizontal Scale:1" = 30' Project No.:120154 s Date of Issuance:November 1,2021 S E = =THE Utility Easement ry.ET LAND City of Meridian r PT� _ GROUP Scentsy Warehouse #2 ass LL J� Page 132