Topgolf Water Main Easement ESMT-2022-0119 (2022-033996) CITY OF MERIDIAN, IDAHO NO FEE
E5MT-2022-0119TopgoU
WATER MAIN EASEMENT
THIS Easement Agreement, made this 5dh day of April 2022 between BVA8C Eagle Vi LLC
("Grantor"), and the City of Meridian, nn Idaho Municipal Corpo rat ion T(]runtee");
YVREDE/\S, the Grantor desires to provide uv/atrr main right-of-way across the premises and property
hereinafter pudicu|adybnundcd and described;and
WHEREAS, the water ouuiu is to be provided for thnouch underground pipelines to be
consbuctodby others; and
WHEREAS, it will be necessary to maintain and service said pipelines fronu time to time by the
Grantee;
NOW, THEREFORE, in consideration of the hcncfitx to be received by the Grantor, and other good
and vu|uoh|t consideration, the Grantor duco hereby give, grant and convey unto the Grantee the
right-of-way for an cuxcoucnt for the operation and nnaintcnuuoc of water mains over and across the
following described property:
(SEE ATTACHED EXHIBITS A and B)
The easement hereby granted is for the purpose ofonnmbuotionand operation of water mains and
their allied facilities, together with their maintenance, repair and rcp|aucrncnt at the
convenience of the Grantee,with the free right of access to SLICII facilities at any and all times.
TO HAVE AND TO y{0LD` the said tuscmeoi and right-of-way unto the said Grantee, it's
suuucosors and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after
making repairs or performing other maintenance, (]runtcc shall restore thc area of the easement
and adjacent property to that existent prior to undcduking such repairs and maintenance.
Rovvcvc,, Grantee shall not be responsible for repairing, replacing or restoring anything placed
within the area described in this easement that was p}urod there in violation oy this easement.
THE GR/\Y4T{)K covenants and agrees that Grantor will not place or allow to be placed any
permanent structures, io:es` brush, o, perennial shrubs or Oov/co within the area described for this
eaocmtnt, which vvou|d interfere with the usc of said cuuenocut, for the purposes stated herein.
THE GRANTOR covenants and agrees with the Grantee that ohould any pad of the right-of-way
and easement hereby granted shall hccomc part of, or lie within tile boundu,icsofany
\/crsionOl/Ol/2O20
Water Main Easement
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:
Thel W. sper, Vice President of BV Management Services, Inc., an
Idaho corporation,the Executive Manager of BVABC Eagle View, LLC
STATE OF IDAHO )
) ss
County of Bonneville )
This record was acknowledged before me on /�� �� (date) by Thel W.Casper
(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 BVABC Eagle View, LLC
(name of entity on behalf of whom record was executed), in the following representative
capacity: Vice President of the Executive Manager of BVA.BC Eagle View, LLC (type of authority
such as officer or trustee)
(stamp)
LNOTARYPUBLIC
RANDI LOVE
Notary Signature
ISSION NO. 37925 My Commission Expires:
TE OF IDAHO
SION EXPIRES 04/12126
Water Main Easement Version 0I/01/2020
I
GRANTEE: CITY OF MERIDIAN
Robert E. Simison,Mayor 4-5-2022
Attest by Chris Johnson, City Cleric 4-5-2022
STATE OF IDAHO, )
: SS.
County of Ada )
This record was acknowledged before me on 4-5-2022 (date) by Robert E. Simison
and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City
Cleric, respectively.
Notary Signature
My Commission Expires: 3-28-2028
Water Main Easement Version OI/01/2020
Item#14.
2775 W.Navagator Drive,Suite 210 Idaho Office
Meridian,Idaho 83642 Tel: 208.463.4197
www.horrocks.com I IO R R O C K S Fax: 208.463.7561
I: N G I N E E R S
1, LAN
Date: February 1, 2022 kHS��s
Project: ID-1755-I905 .I
Page: 1 of 1 �
4,02-01-22 p
EXHIBIT A rF o pop
ON WRIT'
This Easement is situated in a portion of the N.E. ''A of the S.W. '/4 of Section 16, Township 3
North, Range 1 East of the Boise Meridian, City of Meridian, Ada County Idaho, also being in
Lot 20, Block 1 of Rackham Subdivision, Book 120,pages 18,582 to 18,588, records of Ada
County and more particularly described as follows:
1) COMMENCING at the northwest corner of said Lot 20; thence along the north
boundary of said Lot 20, also being along the southerly right-of-way of Interstate 84 as
shown on the Plan and Profile plan set of Interstate Highway No. 84, F.A.P. No. IR-84-
1(12)45 on file in the office of the Idaho Transportation Department,
2) N.82°19'49"E., 87.76 feet to the northeast corner of Utility Easement, instrument#2020-
117724, records of Ada county, thence leaving the north boundary of said Lot 20 and
following along the east boundary of said instrument#2020-117724,
3) S.06°50'41"E., 102.29 feet; thence continuing,
4) N.75°17'31"E., 12.18 feet; thence continuing,
5) S.14°42'29"E., 20.00 feet to the POINT OF BEGINNING; thence,
6) S.14°42'29"E., 19.00 feet; thence,
7) S.75°17'31"W., 11.83 feet to a point on the east boundary of said instrument# 2020-
117724; thence along said east boundary,
8) N.14°42'29"W., 19.00 feet; thence continuing,
9) N.75°17'31"E., 11.83 feet to the POINT OF BEGINNING.
Page 178
Item#14.
EXHIBIT B
DOMESTIC WATER EASEMENT
RACKHAM SUBDIVISION 11
0
N82°19'49"E 87.76' 4 I
1 Q P� � �
O � I C k
P.O.C. 4 ~
o N 4 i ht � R:
y rr F�_
� 4
Y co co l (NOT TO SCALE)
m U) �I
L
o = Y 1 In
Y O
� m ti ly� �s�4,c�NSF s
a LOT 20, BLOCK 1
RACKHAM SUBDIVISION, 4 N
BOOK 120, PAGE 18582 0�02-01-220
ti 7
EXISITING UTILITY ti
a
EASEMENT, INST4 ti
2020-117724 4
w 4
4
r
4
4 N75°17'31"E
4 12.18'
0 4 4
W LEGEND:
1 � S14°42'29"E
CALCULATED POINT ` �20.00'
E OO LOT CORNER N75017'31"E
_ 11.83' P.O.B.
LOT LINE
E — — — — — EXISTING UTILITY EASEMENT S14°42'29"E
P.O.B. POINT OF BEGININNG 19.00,
P.O.C. POINT OF COMMENCEMENT (V14°42'29"W
19.00,
WATER VALVE EASEMENT
0
S75°17'31"W
11.83'
xoRRoc TjDAETE
G INFO 1111�
13 N Q I N E E R 5 EXHIBIT B 0211122N.T.S2775 West NaVlgator Dr.,Suite 210 DATEOMer#dian,ID 93542 -2t722
(208)89&2520 LOT 20 RACKHAM SUBDIVISION, ADA COUNTY -PRE,"NOEETIFORLII' G Pa e 179
vwrr✓.horr"cks.cem PAGE 07 g