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Scentsy Warehouse No. 4 Water Main Easement No. 1 ESMT-2022-0172 (2022-048298) ADA COUNTY RECORDER Phil McGrane 2022-048298 BOISE IDAHO Pgs=5 ANGIE STEELE 05/19/2022 09:46 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0172 Scentsy Warehouse No. 4 Water Main Easement No. 1 WATER MAIN EASEMENT THIS Easement Agreement, made this 18th day of May , 2022 between H_O.TA,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 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 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 STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on 5-10 (date) by_Sam (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 ;A• o •T_ 4, L U L P_ (name of entity on behalf of whom record was executed), in the following representative capacity: (type of authority such as officer or trustee) (stamp) ary Signature My Commission Expires:,2!!o—2.i--32-b CHANTAL RODR1GUEZ NOTARY PUBLIC-STATE OF IDAHO COMMISSION NUMBER 20220617 PAY 001W SSION EXPIRES 2-10-2028 Water Main Easement Version 01/01/2020 GRANTEE: CITY OF MERIDIAN RobereE. Simi on, Iayor 5-18-2022 C'6. 'oaN . s yr ohnso ��Al 5-18-2022 STATE OF IDAHO, ) ss. County of Ada ) This record was acknowledged before me on 5-18-2022 (date) by Brad Hoaglun and Chris Johnson on behalf of the City of Meridian, in their capacities as Council President and City Clerk, respectively. CHARLENE WAY 0A COMMISSION No. 67390 Notary Signature 3-28-2028 NOTARY PUBLIC My Commission Expires: STATE OF IDAHO Water Main Easement Version 01/01/2020 Item#4. LEGAL DESCRIPTION -�: THE LAND Page 1 OF 1 - GROUP April 20, 2022 Project No.: 120154 EXHIBIT"A" CITY OF MERIDIAN SCENTSY WAREHOUSE#4 WATER 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, 595.06 feet;thence leaving said mid-section line, South 00°05'10"West, 243.97 feet,to the POINT OF BEGINNING: Thence South 89'30' 11" East, 17.14 feet,to a point on the west line of an existing City of Meridian water main easement,recorded under Inst.#2014-075849, records of Ada County; Thence on said west line, South 00°29'49"West, 20.00 feet; Thence leaving said west line, North 89'30' 11"West, 17.14 feet; Thence North 00°29'49" East,20.00 feet,to the POINT OF BEGINNING. The above-described easement contains 343 Ft', more or less. PREPARED BY: The Land Group,Inc. Michael Femenia, PLS �� t 5ti4 VVGE .rry+Y-1 6 Q FwY T OF 0+12012022 462 East Shore Drive, Suite 100, Eagle, Idaho 83616 208.939.4041 hekandgrat,pinc.son Page 88 Item#4. EXHIBIT B I water Easement �����;�N for City of BAeridian Situate in a Portion of the NW 1/4 of the SE 1/4 of Section 8 Township 3 North,Range 1 East,Boise Meridian City of Meridian,Ada County,Idaho C T�OF 2022 A OV2012022 E 1/4 SEC.8 E. PANE IVY � CP&F#2020-052069 S89°54'50"E 2615.03' { 595.06' 2019.98' C 1/4 SEC.8 J CP&F#2019-055315 I EXISTING CITY OF MERIDIAN f WATER MAIN EASEMENT INST#2014-075849 ! y , 2499 E PINE AVE I HOT 1 LLLP APN:R7724570700 a f I t o � P0B S89°30'11"E 17.14' f ��y CITY OF MERIDIAN _ I F WATER EASEMENT 1 343 Ftz± S00°29'49"W 20.00' N00°29'49"E 20.00' ` m — v — , N89°30'11"W 17.14' Exhibit "B„ Q 30 60 a tt Horizontal Scale:1 = 30' Project No.:120154 Date of Issuance.Apri!20,2022 r s THE eater Easement e; LAND City of Meridian ova GROUP Scents Sicentsy Warehouse Page 89