Adler Industrial Site 32 Water Main Easement No. 2 ESMT-2021-0145 (2022-001211) ADA COUNTY RECORDER Phil McGrane 2022-001211
BOISE IDAHO Pgs=5 CHE FOWLER 01/05/2022 08:09 AM
CITY OF MERIDIAN, IDAHO NO FEE
ESMT-2021-0145
Adler Industrial. Site 32
Water Main Easement No. 2 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#7.
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 1211 Z ( (date) by Mlchael 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
capa\ �,(rf►��t (type of authority such as officer or trustee)
,%Wy PI/ ;
stamp)
i MY COMMISSICN •t _
s EXPIRES&42027
Notary Signature
My Commission Expires: 2 D 2 7
Water Main Easement Version 01/01/202 page 211
Item#7.
GRANTEE: CITY OF MERIDIAN
Robert E. Sim ,Mayo"_,,,,,-2022
,Attest by Chr' Johnson, erk 1-4-2022
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.
..... ......... ......... ........
������ � WAY
Notary Signature
COMMISSION#67390 My Commission Expires: 3-28-2022
NOTARY PUBLIC Residing in Meridian, Idaho
STATE OF IDAHO Notary for Idaho
MY r-bMMISSION EXPIRES 3128122
Water Main Easement Version 01/01/202 Page 2�0
Item#7.
EXHIBIT A
ADLER INDUSTRIAL
MERIDIAN BUSINESS CENTER SITE 32
WATER MAIN-EASEMENT NUMBER 2
SITUATED IN THE SW I/4 OF THE SW 1/4 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 2.80 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 1,Block I as shown on the plat of Seyam East Subdivision,a recorded subdivision on file in Book
116 of Plats at Pages 17443 through 17447,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 I East,Boise Meridian,City Of
Meridian,Ada County,Idaho,and more particularly described as follows:
Commencing at the northeasterly corner of said Lot 1,Block I of Seyam East Subdivision from which the
southeasterly comer of said Lot 1,Block 1 of Seyam East Subdivision bears South 1'3 F51"West 279.27
feet;
thence along the westerly right-of-way of North Truckee Avenue South 1°31'51" West 29.40 feet to the
POINT OF BEGINNING;
thence leaving said westerly right-of-way North 88°28'09"West 47.00 feet;
thence South 1°31'51"West 84.00 feet;
thence South 88°28'09"East 14.00 feet to the POINT OF TERMINUS, comprising 2900 square feet,more
or less.
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®�ENSt
_ 3
538-02.doc Page 1 of I
Page 213
Item#7. EXHIBIT p
N. MAP TOACCOMPANYLEGAL DESCRIPTION
ADLER INDUSTRIAL
MERIDIAN BUSINESS CENTER SITE 32
M WATER MAIN- EASEMENT NUMBER 2
SITUATED IN SEYAM EAST SUBDIVISION
fN THE SW 1/4 OF THE SW 1/4 OF SECTION 9
T3N R1 E BM
CITY OF MERIDIAN, ADA COUNTY, IDAHC
NOT TO SCALE
LOT 2 BLOCK 1
SEYAM EAST SUBDIVISION
6.12 ACRE PARCEL E
OF��GI1gN11VG
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j
cifl
N
2.80 ACRE PARCEL N
p�pA- LANES I W
15TER G�CoLl
LOT 1 BLOCK 1
Q— 788 dl SEYAM EAST SUBDIVISION
un
iN
W ��'\� i
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E. FRAWLIN ROAD
LEGEND
EASEMENT CENTERLINE
EASEMENT LINE SABLE
— — PLATTED LOT LINE LINE LENGTH BEARING
— — PARCEL LINE L1 47.CO' N 88-28'09" W
RECORD OF SURVEY INST. NO. 2020-071 51 3 L2 84.00' S 1'31'51" W
AND QUITCLAIM DEED INST. NO_ 2020-152713
STREET CENTERLINE L3 14.00' S 88'28'09" E
— — — — — EXISTING EASEMENT
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PAGE 1 OF 1 538 EASEMENT EX