Adler Industrial Site 32 Water Main Easement No. 1 ESMT-2021-0144 (2022-001210) ADA COUNTY RECORDER Phil McGrane 2022-001210
BOISE IDAHO Pgs=5 CHE FOWLER 01/05/2022 08:09 AM
CITY OF MERIDIAN, IDAHO NO FEE
ESMT-2021-0144
Adler Industrial Site 32
Water Main Easement No. 1 WATER MAIN EASEMENT
THIS Easement Agreement, made this 4th day of January, 2022 between Adler AB Owner XIII, 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#6.
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:
Michael S.Adler, Manager
STATE OF IDAHO )
ss
County of Ada )
This record was acknowledged before me on Z J lQ ( (date) by Michael S.Adler
(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 Adler AB Owner XIII, 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)
KIfoIIb���i
MY COMMISS, Notary Signature
• EXPIRES g q.�027 — My Commission Expires:
r
NUMB
111111411�r���
Water Main Easement Version 01/01/2020 Page 205
GRANTEE: CITY OF MERIDIAN
Robert E. Simi'so ayor _ 22
�.f,Y
Att t"y Chris J son, Ci�`�,, 4-2022
STATE OF IDAHO, )
. SS.
County of Ada )
This record was acknowledged before me on 1-4-2022 (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) Na&ycWM
Notary Signature
-CHARLENE WAY-- My Commission Expires: 3-28-2022
COMMISSION##67390 Residing in Meridian, Idaho
NOTARY PUBLIC Notary for Idaho
STATE OF IDAHO
MY COMMISSION EXPIRES 3128122
Lf
Water Main Easement Version 01/01/202 page 204
Item#6.
EXHIBIT A
ADLER INDUSTRIAL
MERIDIAN BUSINESS CENTER SITE 32
WATER MAIN-EASEMENT NUMBER 1
SITUATED IN THE SW 1/4 OF THE SW 114 OF SECTION 9
T.3 N.,R. i E.,B.M.
CITY OF MERIDIAN,ADA COUNTY,IDAHO
A 20 foot wide easement situated in the 6.12 acre parcel and the 2.82 acre parcel as shown.on Record Of
Survey Instrument Number 2020-071513 and described in Quitclaim Deed Instrument Number 2020-152713,said
easement also being situated in Lot 2,Block 1 as shown on the plat of Seyam Subdivision,a recorded subdivision on
file in Book 108 of Plats at Pages 15074 through 15076,records of Ada County,Idaho,and further described as
situated in the Southwest 1/4 of the Southwest 1/4 of Section 9,Township 3 North,Range 1 East,Boise Meridian,
City Of Meridian,Ada County,Idaho,and more particularly described as follows:
Commencing at the northwesterly corner of said Lot 2,Block I of Seyam Subdivision from which the
northwesterly corner of said 2.82 acre parcel bears South 10°39'56"West 55.10 feet;
thence along the westerly right-of-way of North Toucbmark Way South 10°39'56"West 20.30 feet to the
POINT OF BEGINNING;
thence leaving said westerly right-of-way South 79°20'04"East 29.00 feet;
thence South 10°39'56"West 18.00 feet;
thence South 0035'58"West 105.00 feet;
thence North 89°24'02"West 12.00 feet to the POINT OF TERMINUS,comprising 3280 square feet,more
or less.
LAND
538-01.doc Page 1 of 1
Page 207
Item#6. PL LAIVO EXHIBIT B
s MAP TO ACCOMPANY LEGAL DESCRIPTION
�G15T~R� �' ADLER INDUSTRIAL
o MERIDIAN BUSINESS CENTER SITE 32 N.
0- g g WATER MAIN-EASEMENT NUMBER 9
,A Z SITUATED IN SEYAM SUBDIVISION
IN THE SW 1/4 OF THE SW 1/4 OF SECTION 9
T3N R1 F BM
WF�-�'\� Z,'�J CfTY OF MERIDIAN, ADA COUNTY, IDAHO
1`
LOT 1 BLOCK 1
{ SEYAM SUBDIVISION NOT TO SCALE
I � 7 401NZ 0� 6�GrNN4NG
o r _ 6.12 ACRE PARCEL
N 0 7
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2.82 ACRE PARCEL
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LOT 2 BLOCK 1 i
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SEYAM SUBDIVISION
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E. FRAWLIN ROAD
LEGEND
LINE TABLE
— EASEMENT CENTERLINE
EASEMENT LINE LENGTH BEARING
— — PLATTED LOT LINE L1 29.00' S 79'20'04" E
PARCEL LINE L2 1&00' S 10'39'56" W
RECORD OF SURVEY INST. NO. 2020-071513 L3 105.00' S 0`35'S8" W
AND QUITCLAIM DEED INST. NO. 2020-152713
STREET CENTERLINE L4 12.00' N 89-24'02" W
— — EXISTING EASEMENT
Page 208
PAGE 1 OF 1 538 EASEMENT EX