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Rackham Subdivison Lot 10 ESTM-2022-0184 (2022-055691) ADA COUNTY RECORDER Phil McGrane 2022-055691 BOISE IDAHO Pgs=5 CHE FOWLER 06/15/2022 08:13 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0184 Rackham Subdivision Lot 10 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, 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: BVABC Eagle View, LLC By: BV Management Services, Inc., an Idaho corp ration, the Executive Manager Cortn y Liddiard,Presi nt STATE OF IDAHO ) ) ss County of ktl`M ) This record was acknowledged before me on (date) by CorheyLiddiad (name of individual), [complete the following if'signing in a representative capacity, or sti-ike the following if'signing in an individzrcrl capacity] on behalf of BVABC Eagle View,LLC (name of entity on behalf of whom record was executed), in the following representative capacity: President of the Executive Manager (type of authority such as officer or trustee) QI LOVE COMMISSION NO. 37925 NOTARY PUBLIC Notary Signature STATE OF I DAHO MY COMMISSION EXPIRES OV12/26 My Commission Expires: -c-4.c>D-cam Water Main Easement Version 01/01/2020 GRANTEE: CITY OF MERIDIAN C Robert E. Simiso 6-14-2022 SFAL ` Attest by CliWis Johnson, ity Clerk 6-14-2022 STATE OF IDAHO, ) : 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) Notary Signature CHARLENE WAY y Commission Expires: 3-28-2028 COMMISSION No. 67390 NOTARY PUBLIC STATE OF IDAHO Water Main Easement Version 01/01/2020 Item#3. 2775 W.Navagator Drive,Suite 210 Meridian Idaho Office Meridian,Idaho 83642 H O R R O C K S Tel: 208.463. www.horrocks.com Fax: 208.463.75617561 `11111 I N G I N 1` E, R S Date: February 22,2022 �p�`� Project: ID-1864-1908S ENS F Page: 1 of 1 � 1 J,02-25-22 0 EXHIBIT A �qrF of �oQ� WATER EASEMENT LOT 10 SON WA'iG� RACKHAM SUBDIVISION 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 northwest corner of Lot 10 of Rackham Subdivision, book 120, pages 18582-18588, records of Ada county, from which the northeast corner of said Lot 10 bears S.89014'57"E., 230.40 feet, 1) Thence, S.89°14'57"E., 43.66 feet, on the north boundary line of lot 10, to the POINT OF BEGINNING; 2) Thence, departing said north boundary line,N.00°45'03"E., 8.44 feet; 3) Thence, parallel with the north boundary line of said lot 10, S.89°14'57 "E., 94.56 feet; 4) Thence, S.00'01'01"E., 8.44 feet to a point on the north boundary of said Lot 10; 5) Thence, S.00'01'01"E., 74.07 feet, 6) Thence, N.90°00'00"W., 20.00 feet; 7) Thence, N.00°01'01"W., 62.78 feet; 8) Thence, parallel with the north boundary of said Lot 10, N.89°14'57"W., 74.83 feet, to a point on the west line of Instrument# 2020-1 1 7724; 9) Thence, along said west boundary, N.00°45'03"E., 11.56 feet, to THE POINT OF BEGINNING. Page 20 RACKHAM SUBDIVISION LOT 10, BLOCK 1 DOMESTIC WATER EASEMENT ' I I (NOT TO SCALE) LOT 5 BLOCK 1 I LOT 9 BLOCK 1 RACKHAM SUBDIVISION I RACKHAM SUBDIVISION BOOK 120, PAGES 18582-18588 1 BOOK 12Q PAGES 18582-18588 I � I I I I —P.O.B. 4 P.O.C.---,I NO°45'03"E8.44' �pNp` Os S89°14'57"E94.56' CENSFQ o I 1 — f ' . I. SO°0101"E 8.44' S89°1457"E 230.40'J o S89°14'57"E4a66'J a�G 0f26 2�5(/-,J\rZZ N89°14'57"W74830 NO°45'03"E 11.56'J 0 r 1�p F SOP 0 I INSTRUMENT# 10 20' Vyg1G� I �2020•1 i 7724 3 w I of 1W 1 z LOT 4 BLOCK 1 t o LEGEND I LOT 10, BLOCK 1 - ' RACKHAM SUBDIVISION can I RACKHAM SUBDIVISION 0 CALCULATED POINT BOOK 120,PAGES 18582-18588 1 BOOK 120,PAGES 18582-18588 N9 00" oo' 5/8"IRON PIN,PLS 8960 ILn EASEMENT BOUNDARY LINE 1 ——————— EXISTING EASEMENT LINE LOT LINE P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT HOP-ROCKS O WARNING RAWINGINFO E N O I N B 6 R S 0 7 t FATE 02/25/22 — — - EXHIBIT B SCALE NTS R V 001 2775 West Naan,ID 36 State 210 A THIS I- BAR-T HOES NOT 00 00/00/00 Meridian,ID 83fi42 MEASURE NOT70 SCALE WING S.W. 1/4, SEC. 16, UN, R1E IS NOT TO SCALE T FOR LISTING (208)8952520 PRO!NO 10.T86L•1908 001 —.h.n00k.,-. Page 21