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Rackham Subdivision Lot 4 ESMT-2022-0185 (2022-055692) ADA COUNTY RECORDER Phil McGrane 2022-055692 BOISE IDAHO Pgs=5 CHE FOWLER 06/15/2022 08:13 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0185 Rackham Subdivision Cot 4 WATER MAIN EASEMENT THIS Easement Agreement, made this 14th day of June 20 22 between BVABC Eagle View, 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, THERF,1jORE,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: BVABC Eagle View, LLC By: BV Management Services, Inc., an Idaho core ration, the Executive Manager Cortney Liddiard,Presid nt STATE OF IDAHO ) ) ss County of- - This record was acknowledged before me on_S �- a.� (date) by Cortneyl-iddiard (name of individual), [complete the following rfsigning in a representative capacity, or strike the following if signing In an Individual capacity] on behalf of BVABC Eagle View,l_l_C (name of entity on behalf of whom record was executed), in the following representative capacity: Presidentofthe Executive Manager (type of authority such as officer or trustee) LOVE COMMISSION NO, 3792a ?> t�- NOTARY PUBLIC Notary Signature STATE OF IDAHO M Commission Expires-. MY COMMISSION EXPIRES p.� V26 Y p Water Main Easement Version 01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simiso , 6-14-2022 C�W1L1k SFAL Attest by C is Johnson,.. ity Clerk '14-2022 STATE OF 1DAHO, ) . ss. County of Ada ) This record was acknowledged before me on 6-14-2022 (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)p) Na)&W-wo-q CHARLENE WAY Notary Signature COMMISSION No. 67390 My Commission Expires: 3-28-2028 NOTARY PUBLIC STATE OF IDAHO Water Main Easement Version 01/01/2020 Item#2. 2775 W.Navagator Drive,Suite 210 Meridian Idaho Office Meridian, Idaho 83642 Tel: 208.463.4197 wwwhorrocks.com H O R R O C K S Fax: 208.463.7561 1l N (i I N I? L R S Date: February 22,2022 Project: ID-1864-1908 g`O CENS Page: 1 of 1 0 a 1 � EXHIBIT A �02-25-22�° WA TER EASEMENT LOT 4 9TF OF �OQ RACKILAM SUBDIVISION WR1G This easement is situated in a portion of the S.W. '/4 of Section 16, Township 3 North, Range 1 East of the Boise Meridian, City of Meridian, Ada County Idaho, more particularly described as follows: COMMENCING at the northeast corner of Lot 4 of Rackham Subdivision, book 120, pages 18582-18588, records of Ada county, from which the northwest corner of said Lot 4 bears N.89014'57"W., 342.75 feet, 1. 1) Thence along the north boundary of said Lot 4, N.89°14'57"W., 37.41 feet, to the POINT OF BEGINNING; 2. Thence,departing said north boundary line, S.00°45'03"W., 9.99 feet to the northwest corner of Instrument # 2020-117724,records of said Ada county; 3. Thence along the west boundary of said Instrument# 2020-117724, S.00°45'03"W., 16.49 feet; 4. Thence departing said west boundary, N.66°49'01"W., 16.97 feet; 5. Thence, parallel with the north boundary line of said Lot 4, N.89°14'57"W., 68.81 feet; 6. Thence, S.00057'13"W., 56.62 feet; 7. Thence,N.89°02'47"W., 20.00 feet; 8. Thence, N.00°57'l3"E., 76.55 feet, to a point on the north boundary line of Lot 4 of said Rackham Subdivision; 9. Thence, along said north boundary line, N.89°14'57"W., 104.42 feet, to THE POINT OF BEGINNING. Page 14 Item#2. RACKHAM SUBDIVISION ,wA LOT 4, BLOCK 1 DOMESTIC WATER EASEMENT ! (NOT TO SCALE) LOT 5, BLOCK 1 I LOT 9, BLOCK 1 RACKHAM SUBDIVISION BOOK I I RACKHAM SUBDIVISION BOOK 120, PAGES 18582-18588 120,PAGES 18582-18588 I f N69°14'57"W37.41' P.O.C. LEGEND: — n N89°14'57"W 342.75' P.O.B. o — Q CALCULATED POINT l 104.42 N NO°45'03"E 9.99' — ° L — S. Q° — 5/8"IRON PIN,PLS 8960 _ _ EASEMENT BOUNDARY LINE N89°147"'5W66.81'--'L' DSO°45'03"W16.49' — J ——————— EXISTING EASEMENT LINE � N 20' h LOT LINE w N66°49'O1"W 16.97 I P.O.B. POINT OF BEGINNING INSTRUMENT ZI zozo-in724 P.O.C. POINT OF COMMENCEMENT le u 0 to f N89�7"W-40' I r I LOT 10,BLOCK 1 LOT 4, BLOCK 1 Fn RACKHAM SUBDIVISION BOOK RACKHAM SUBDIVISION BOOK I 12Q PAGES 18582-18588 �`ONp,1 �S 120, PAGES 18582-18588 f �y �xcf SF 02-25-22 0 `�agff Of WRI�� HORROCKS 11111 •M WARNING DRAW NG INFO man B N 6 I N B 6 R S 0 72 , EXHIBIT B oAr� O122 2222 SCALE INTS AW0_ DATE o0 2775 N/M nd-,ID'Ol..Suite 210 A THIS BAR 00E5 NOT 00 0o/oolowo MBntlien,ID 97602 lnEAsuRE!-THEN DflANnNG 15 NOT TO SCALE S.W. 1/4, SEC. 16,T3N, R1E (209)995-2520 PROJ.NO 16186C-1900 www.homxiis eom — Page 15