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Victory Commons Subdivision No. 2 ESMT-2022-0206 (2022-072457) ADA COUNTY RECORDER Phil McGrane 2022-072457 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 08/17/2022 09:16 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0205 Victory Commons Subdivision No. 2 WATER MAIN EASEMENT THIS Easement Agreement, made this 16th day of August , 20 22 between Kuna Victory, 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 Version 01/01/2020 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: KUNA VICTORY, LLC By: BV Management S rvices, Inc., an Idaho corporat' The Manager By: Cortney Liddiard, President STATE OF IDAHO ) ) ss County of Bonneville) This record was acknowledged before me on `I Lag ,D;L (date) by Cortney Liddiard (name of individual), [complete the follo-� ing if signing in a representative capacity, or strike the following if'signing in an individual capacity] on behalf of Kuna victory, LLC (name of entity on behalf of whom record was executed), in the following representative capacity: President of the Manager (type of authority such as officer or trustee) (stamp) BRANDI LOVE Notary Signature COMMISSION NO. 37925 My Commission Expires:_H-\2-aG'DCsz NOTARY PUBLIC STATE OF IDAHO [MY COMMISSION EXPIRES D4112126 Water Main Easement Version 01/01/2020 GRANTEE: CITY Or MERIDIAN Robert E. Simison, Mayor 8-16-0222 Attest by Chris Johnson, City Clerk 8-16-2022 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 8-16-2022 (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 Water Main Easement Version 01/01/2020 2775 W.Navigator Drive,Suite 210 Idaho Office Meridian,Idaho 83642 H O R R O C K S Tel: 208.895.2520 www.horrocks.com I-; N C I N f: 1 R 'S pN�t D Date: May 9, 2022 �cSN �,�CENSF Project: ID-1402-1810 t Page: 1 of 1 a ,005-12-22 0 EXHIBIT A �0 F OF FLEX I - WA TER VA VE EASEMENT N WR1G This easement is located in Government Lot 4 of Section 19, Township 3 north, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being in a portion of Lot 4, Block 1 of Victory Commons Subdivision No. 1, book 120, page 18973, records of Ada county and a portion of Parcel A of Record of Survey Property Boundary Adjustment No. 12,282, records of Ada county, Idaho, more particularly described as follows: COMMENCING at the most easterly corner of Lot 4, Block 1, of said Victory Commons Subdivision No. 1, from which the most southerly corner of said Lot 4 bears S.390 14'22"W., 280.59 feet; thence along the southeast boundary of said Lot 4, 1) S.39°14'22"W., 93.01 feet to the POINT OF BEGINNING, thence leaving said southeast boundary; 2) S.50°45'37"E., 11.00 feet, thence; 3) S.39°14'22"W., 8.00 feet to a point on the northeast boundary of City of Meridian Sewer & Water Easement InStrUrnent No. 2021-030018, thence along said northeast boundary; 4) N.50045'37"W., 11.00 feet to appoint on the southeast boundary of Lot 4, Block 1 of said Victory Commons Subdivision No. 1, thence along said southeast boundary; 5) S.39°14'22"W., 14.28 feet to the most easterly corner of City of Meridian Water Easement Instrument No. 2020-162602, thence along the northeast boundary of said Instrument No. 2020-162602; 6) N.50°45'37"W., 10.00 feet, thence leaving said northeast boundary; 7) N.39°14'22"E., 22.28 feet, thence: 8) S.50°45'37"E., 10.00 feet to the POINT OF BEGINNING. °wa °1, EXHIBIT B 1 J M DOMESTIC WATER EASEMENT N r FLEX 1 (NOT TO SCALE) �ZA �p'�' P.0.C. o JAG \ O Cb�. oo z, / ep� , \ e P.O.B. p //�`� '7o\,, w o \F W / 0 \o o 0 o tis\70 U U s Q ���� ^� � ,�� �P 03 si:i- 0 ENSF a � � a LEGEND: �o 0AL q Q CALCULATED POINT 05-12-22 0 po LOT CORNER `�� — — LOT LINE 9rF of --------------- EXISTING UTILITY EASEMENT ��N WR161fi P.O.B. POINT OF BEGININNG P.O.C. POINT OF COMMENCEMENT ————— WATER VALVE EASEMENT HOPROCKS DR AMNGINFO II,II —� DATE ENGINEERS EXHIBIT B _SCALE ON/T�S? 2775 West Navigator Dr.,Suite 21 REV a DATE SHEET Meridian,ID 83642 00 00/00/0000 GOV'T LOT 4, SECTION 19, T3N, R1 E 'PROD NOHEETIFFOR LISTING www.horrodcs.com 001