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Firenze Plaza Sanitary Sewer and Water Mian Easement ESMT-2022-0190 (2022-063227) ADA COUNTY RECORDER Phil McGrane 2022-063227 BOISEIDAHO Pgs=13 VICTORIA BAILEY 07/13/2022 08:44 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0190 Firenze Plaza SANITARY SEWER AND WATER MAIN EASEMENT THIS Non-Exclusive Easement Agreement, made thisl2th day o 2022-between BDC Meridian, LLC and BDC Meridian 11, LLC, each Wyoming limited liability companies ("Grantor") and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water 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 sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The non-exclusive easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, (the"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 non-exclusive 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, replacements or performing other maintenance, Grantee shall restore the area of the non-exclusive easement and adjacent property to that which existed prior to undertaking such repairs,replacements, 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. Sanitary Sewer and Water Main Easement REV.01/01/2020 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 non-exclusive easement, which would interfere with the use of said non-exclusive easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right- of-way and non-exclusive easement hereby granted shall become part of, or lie within the boundaries of any 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 non-exclusive 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. [Signatures on following page.) Sanitary Sewer and Water Main Easement REV.01/01/2020 IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: BDC Meridian, LLC, a Wyoming limited liability company By: National Safe Harbor Exchanges, Inc., a California corporation, its sole member By: C J es Beck, Vice resident STATE OF MISSOURI ) County of . On �J�,e nt '], V ZZ before me, 4#1 n / personally appeared V�,rn.�S -e ck who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Missouri that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: (SEAL) Signature of Notary ublic JENotar N M. RANEY Public, Notary Sealte of Missouri Louis County ssion#18041717ion Expires 05-08-2026 Sanitary Sewer and Water Main Easement REV.01/01/2020 BDC Meridian II, LLC, a Wyoming limited liability company By: National Safe Harbor Exchanges, Inc., a California corporation, its sole member By: es Beck,Vice President STATE OF MISSOURI ) County of S-- .uyis ) On �i�." `I, ZOZZ before me, �t�hn �!.(. ��►� , personally appeared Siam a s ]jg&.k 11 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Missouri that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: (SEAL) ignature of Notary Publ LYNN M. RANEY Notary Public, Notary Seal State of Missouri St.Louis County Commission#18041717 My Commission Expires 05.08-2026 Sanitary Sewer and Water Main Easement REV.01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 7-12-2022 Attest by Chris Johnson, City Clerk 7-12-2022 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 7-12-2022 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature My Commission Expires: 3-28-2028 Sanitary Sewer and Water Main Easement REV.01/01/2020 LEGAL DESCRIPTION ,� .- THE LAND Page 1 of 3 GROUP May 10, 2022 Project No.: 116015 EXHIBIT"A" FIRENZE PLAZA SUBDIVISION CITY OF MERIDIAN SEWER &WATER EASEMENT DESCRIPTIONS EASEMENT 1 An easement located in a portion of Parcel "B" as same is shown on Record of Survey#10860,Ada County Records, located in the Southeast Quarter of the Southeast Quarter of Section 29,Township 3 North, Range 1 East, Boise Meridian,Ada County, Idaho, being more particularly described as follows: Commencing at the Southeast Corner of said Section 29, (from which point the East One Quarter Corner of said Section 29 bears North 00' 37' 07" East, a distance of 2642.58 feet); Thence North 00' 37' 07" East, a distance of 755.16 feet on the east section line of said Section 29; Thence North 89' 22'53"West, a distance of 198.99 feet to the POINT OF BEGINNING: Thence South 00°46'46" West, a distance of 25.42 feet; Thence South 89° 13' 14" East, a distance of 10.00 feet; Thence South 00°46'46" West, a distance of 10.00 feet; Thence North 89' 13' 14" West, a distance of 10.00 feet; Thence South 00°46'46" West, a distance of 134.08 feet; Thence South 01°46' 21" East, a distance of 44.69 feet; Thence North 88' 13' 39" East, a distance of 13.50 feet; Thence South 01°46' 21" East, a distance of 20.00 feet; Thence South 88° 13' 39" West, a distance of 13.50 feet; Thence South 01°46' 21" East, a distance of 83.82 feet; Thence North 88' 13' 39" East, a distance of 8.80 feet; Thence South 01'46' 21" East, a distance of 10.00 feet; Thence South 88' 13' 39" West, a distance of 8.80 feet; Thence South 01'46' 21" East, a distance of 170.73 feet; Thence North 88' 13' 39" East, a distance of 24.80 feet; Thence South 01'46' 21" East, a distance of 10.00 feet; Thence South 88° 13' 39" West, a distance of 24.80 feet; Thence South 01°46' 21" East, a distance of 47.24 feet; Thence South 43° 14' 17" West, a distance of 34.05 feet; Thence North 89' 22' 53" West, a distance of 33.62 feet; Thence South 00°37' 07" West, a distance of 6.80 feet; Thence North 89' 22' 53" West, a distance of 10.00 feet; Thence North 00' 37' 07" East, a distance of 6.80 feet; Thence North 89' 22' 53" West, a distance of 173.69 feet; Thence North 44' 22' 53" West, a distance of 36.65 feet; Thence North 89' 24' 15" West, a distance of 25.26 feet; 462 East Shore Drive, Suite 100, Eagle, Idaho 83616 208.939.4041 thelandgroupinc.com Page 2 of 3 Thence South 00°35'45" West, a distance of 24.50 feet; Thence North 89' 24' 15" West, a distance of 10.00 feet; Thence North 00' 35'45" East, a distance of 24.50 feet; Thence North 89' 24' 15" West, a distance of 252.29 feet; Thence North 00' 35'45" East, a distance of 20.00 feet; Thence South 89° 24' 15" East, a distance of 131.20 feet; Thence North 00' 35'45" East, a distance of 23.00 feet; Thence South 89° 24' 15" East, a distance of 20.00 feet; Thence South 00°35'45" West, a distance of 23.00 feet; Thence South 89° 24' 15" East, a distance of 144.64 feet; Thence South 44° 22' 53" East, a distance of 36.65 feet; Thence South 89° 22' 53" East, a distance of 187.81 feet; Thence North 00° 37' 07" East, a distance of 25.78 feet; Thence South 89' 22' 53" East, a distance of 12.39 feet; Thence North 01'46' 21" West, a distance of 365.14 feet; Thence North 00'46' 46" East, a distance of 170.11 feet; Thence South 89° 22' 53" East, a distance of 31.00 feet to the POINT OF BEGINNING. The above described easement 1 contains 30,204 sq.ft. (0.69 acres) more or less. TOGETHER WITH: EASEMENT 2 A parcel of land located in a portion of Parcel "B" as same is shown on Record of Survey#10860, Ada County Records, located in the Southeast Quarter of the Southeast Quarter of Section 29,Township 3 North, Range 1 East, Boise Meridian,Ada County, Idaho, being more particularly described as follows: Commencing at the Southeast Corner of said Section 29, (from which point the East One Quarter Corner of said Section 29 bears North 00' 37' 07" East, a distance of 2642.58 feet); Thence North 00' 37' 07" East, a distance of 1032.77 feet on the east section line of said Section 29; Thence North 89' 22'53" West, a distance of 198.96 feet to the POINT OF BEGINNING: Thence South 00°37' 31" West, a distance of 12.50 feet; Thence South 89° 22' 29" East, a distance of 17.75 feet; Thence South 00°37' 31" West, a distance of 10.00 feet; Thence North 89' 22' 29" West, a distance of 17.75 feet; Thence South 00'37' 31" West, a distance of 142.87 feet; Thence South 89' 22' 29" East, a distance of 17.75 feet; Thence South 00'37' 31" West, a distance of 10.00 feet; Thence North 89' 22' 29" West, a distance of 17.75 feet; Thence South 00°37' 31" West, a distance of 42.24 feet; Thence North 89' 22' 53" West, a distance of 31.00 feet; Thence North 00' 37' 31" East, a distance of 42.36 feet; Thence North 89' 22' 29" West, a distance of 15.00 feet; Thence North 00' 37' 31" East, a distance of 10.00 feet; Thence South 89° 22' 29" East, a distance of 15.00 feet; 462 East Shore drive, Suite 100, Eagle, Idaho 83616 208.939.4041 thelandgroupinc.com Page 3 of 3 Thence North 00' 37' 31" East, a distance of 142.76 feet; Thence North 89' 22' 29" West, a distance of 15.00 feet; Thence North 00' 37' 31" East, a distance of 10.00 feet; Thence South 89° 22' 29" East, a distance of 15.00 feet; Thence North 00' 37' 31" East, a distance of 12.50 feet; Thence South 89° 22' 29" East, a distance of 31.00 feet to the POINT OF BEGINNING. The above described easement 2 contains 7,401 sq. ft. (0.17 acres) more or less. TOGETHER WITH: EASEMENT 3 A parcel of land located in a portion of Parcel "C" as same is shown on Record of Survey#10860,Ada County Records, located in the Southeast Quarter of the Southeast Quarter of Section 29,Township 3 North, Range 1 East, Boise Meridian,Ada County, Idaho, being more particularly described as follows: Commencing at the Southeast Corner of said Section 29, (from which the East One Quarter Corner of said Section 29 bears North 00' 37' 07" East, a distance of 2642.58 feet); Thence North 89'43' 46" West, a distance of 791.90 feet on the south section line of said Section 29; Thence North 00' 16' 14" West, a distance of 48.00 feet; Thence North 00' 37' 07" East, a distance of 36.83 feet to the POINT OF BEGINNING: Thence South 89°58' 16" West, a distance of 17.07 feet; Thence North 00'01'44" West, a distance of 10.00 feet; Thence North 89' 58' 16" East, a distance of 17.18 feet; Thence South 00°37' 07" West, a distance of 10.00 feet to the POINT OF BEGINNING. The above described easement 3 contains 171 sq. ft. more or less. PREPARED BY: The Land Group, Inc. ��o G LA1�rIj w� F- T FO � a 7880 2 5-10-2022 VA.�� James R. Washburn WA 462 East Shore Drive, Suite 100, Eagle, Idaho 83616 208.939.4041 thelandgroupinc.com File Location: g.\2016\116015\cad\survey\exhibits\city of meridain easements\116015 firenze plaza sub cityofineridiansewerwatereasennents 171005.dwg Last Plotted By alex major Date Plotted: Wednesday,April 27 2022 at 04:04 PM Cn 1 W N i c/) c/) m 1 o= M N' MCOo o � m cn v _ S. Montague Way — — u I � �^) O O T O I M C D O 00 I C7 M n I CDi) z 80 4::1 D o Cn m - - C7 �I 21- M OT N O Cn TI l f.n M m p D o m cncc7 z T I I D m 00 m a I� m o D D m � 90 I m �DoD Z � Qo �e cn z � 7 FL o� M I � o m � � 00 z 1 7o I ( I mm � m cn cf) � n C7 P0 cn cn W N Cn C.0 co cn cn S. Eagle Rd N00°37'07"E 2642.58' cn W ° -BASIS OF BEARING co - _ P az asCD yStn W y N x off. r � o Nco � a a CD z z 0 o M 80 N CD 0 Exhibit "B" TH E 22, City of Meridian Sewer & Water Easements W LAND cm Firenze Plaza Subdivision _ GROUP File Location: g.\2016\116015\cad\survey\exhibits\city of meridain easements\116015 firenze plaza sub cityofineridiansewerwatereasennents 171005.dwg Last Plotted By alex major Date Plotted: Wednesday,April 27 2022 at 04:27 PM r w_ - I I M II N o w 1 N r 20' w n•F I w cn I c� - w f - c:) I o O I I � 41 W I I r w cn I r c> °O L29 I o PR n m � D �S E IM Doti�c� D 00 � co r / 'Y o z - �'� Y n� o 00 oN -11 o N co m W W m - y�N Gj DO o m N I I 2I0 1� � 4�- I IW I r I I N IW I I r W co N O ---- ltil ---- ---�—�— L42 --- -- AD 1 �� 1r9�811 till 105 L5 r o 1 coy r r 1 w 1 r NI 1 CD r CIDO V c_n � N co 77 W z rn z o 1 (0 W cn cn CO 00 N M m m N z W -n o �c", z � rQ o cn cn N00°37'07"E 755.16' N N S. Eagle Rd. N -a z W co N O� 0 o N N v O O 11 �I�N Exhibit "B" W- LAND — TH E 22, City of Meridian Sewer & Water Easement W cm Firenze Plaza Subdivision GROUP d0089 uo!S!n!pgnS Mid azuaa!A ONdI � ►_ IUBWOSe3 JBIUM James ue!p!aaw 101(4!3 o 3 H1 : „e„ 1!q!gx3 M N Y OR r a T O Q N�yb o z LO O o 0 Np d J Cl) r co a 00 N I Cc) r� CD � 00 w w o H z cal EO < W 7' L N ^� J m 00 W d z z U) W N M z v c v J J J J 2 - H O O O LC) Lo O O O N O O O O LC) co O (,'3 M O 0O (o N Ln O u7 OC'j O O O (o I— Cl) Z O Cl) Co L1) 't O 4 N O M O M V Co ti u7 T W O Co r M N N N N N r N N N r Mco N J 2 w 3� 3: 2 i�: 2 w 2 w 41 w w w w w w w ed z � ch ~o c� T) T in T v r v r v r Lo r Mn LMn o LMr� o Ln Ln Ln OC f— N � N N � LC) � Ln � Ln � Ln I�r Ln � N N ti N LQ M N M N o N M N M N M N M N M N N N M N J O O O O V O O O O O O) O O) p M r M O M m O co O N 0O O M O M O 00 O 00 O 0O 00 O 00 U) Z Z Z Z Z C./) Z Z Z Z L/) Z L/) CID C./) C./) (./) Z (./) w N M V LC) CO f� M O O N M u7 CO f� M 61 O J J J J J J J J J J J J J J J J J J J J J 2 N O O O ao O O O O N O O O r- O O O V 17 (D O O O co L() O Lf) 00 M O 0O M O 00 N CD co u7 Z u') O O O M M O M M O O V O V T M LI-I N r r r r r N r 0o W r M T N r N M M J 61 W W W W W W W W W W W Z r V r V N_ M N_ �vOj N_ M N_ co N_ co N_ coN_ r co y cz O CO O M O O T O M co Cl) coM O T O M O N = W o r o o o oco co o o00 co o N m O coCD O co O O 0o O 0Mp O 00 O 000 O 0o O Op O 0p U) M U) Z U) U) Z U) V) C/) Z U) U) U) Z U) U) U) U) Z W J O r N M V Z J J coJ J J JCO N J J J J J J J J J J J J Wd LZ:401e ZZOZ LZ I!adtl'RepsaupaM :P Uld alep aolew R Xg Papold 1sEI 6MP 900 LL L Sluawasealaler oMasueipgawlo/glo qns Pala anal g L091 L\smawasua ulepgaw to pp\sl!q!gxo\69uns\pea\g Log[L\g Lont :uolluoolalij File Location: g.\2016\116015\cad\survey\exhibits\city of meridain easements\116015 firenze plaza sub cityofineridiansewerwatereasennents 171005.dwg Last Plotted By alex major Date Plotted: Wednesday,April 27 2022 at 04:28 PM r r � rn rn o r rn c_ncn cn cc r r N L54 L58 0 CAD o• WI Ir rn v' L52 L48 / D m m r D 1 D m 41 I r O ' o v � z � 41 am p cn CD o D DO o m -n c-> o m a) N o 70 W 0o r T n CD > rn o z cn = Iz z o 00 z_ m 0c) r o z D m o W N 'f7 C� 70 cn Ca R0 02 z � !^ mm W nc) rn cn cn — — — N00°37'07"E 1032.77' — w N S. Eagle Rd. w 00 r_ w ii cn o co co � M ccnn � z m cn z cn z z z cn z z z 00 0 00 0 00 0 00 0 00 o W r 0 0 0 o co o co 0 0 0 1T N W N W N W N W N W N V N V N �I N v N V W - � - CNo - � - � T r r' M T T T T T ✓CS l9 P �,� c m `�ay5 Ss✓ o � c-i-, o chi, (�i, o ccp9 o 000, r O 1 t'' r r r r r r r r r r r rn rn M cn U1 u, u, u, cn z 'a N R1 a W N o co 00 -4 0) cn -VI m o N tioN °fib 00 o 00 o 00 o 00 o 00 o 00 o A� 9 o 9 0 0 o co 0 0 o m 1To L' N —I N -4 N -I N -4 N -4 77 cD QQ N 1 N 1 N 1 N 1 N 1 Z 1 CO _ CO _ (.p _ CO _ (0 _ m a n CD z � 0 1 N Cn O Cn N Cn O Cn N z N o � N O O O O O O O O M O 11 �I� � Exhibit "B" W- LAND — TH E 22, City of Meridian Sewer & Water Easements W cm Firenze Plaza Subdivision GROUP File Location: g.\2016\116015\cad\survey\exhibits\city of meridain easements\116015 firenze plaza sub cityofineridiansewerwatereasennents 171005.dwg Last Plotted By alex major Date Plotted: Wednesday,April 27 2022 at 04:28 PM I I M D - OC/�) n O oz 00 0 c CD - W 591 � _ z ND S00o 1614 W 48.00 N00o 3707 E 36.83 L67 I I n c� IM o 1 T 1 M Cn �o z T � 00 o z A W D 7-1 m � D M m Ip M - m P az �s I ys O W` (n r I W -n N w n7 `� I O 00 r °9ti o0 0� dz o ON r r r r C M coi, IM ao cn z z cn o 03 000 W r 0 o cfl 4 c"0 coo ego o 41 O I I m71 O a co to IM z o ti o ti rn z 0 0 0 a) �p o m o -4 --1 M U) m m p0 n C7 0 oN J0 cn cn W N v N CD z W W W N W Oo iv w 0 0 � N 1 O 11 �I�cn Exhibit "B" W- LAND — TH E 22, City of Meridian Sewer & Water Easements W cm Firenze Plaza Subdivision GROUP