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Olson and Bush Subdivision No. 2 ESMT-2022-0224 Water Main Easement No. 1 (2022-077594) ADA COUNTY RECORDER Phil McGrane 2022-077594 BOISE IDAHO Pgs=5 NIKOLA OLSON 09/07/2022 11:49 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0224 Olson and Bush Subdivision No. 2 Water Main Easement No. 1 WATER MAIN EASEMENT THIS Easement Agreement, made this 6th day of September 20 22 betweenBVA Lanark, 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: BVA LANARK,LLC By: BV Managemen Services,Inc.,an Idaho corporation, Manager B y: Cortney tiddiard,Preside STATE OF IDAHO ) ss County of Bonneville) This record was acknowledged before me on_� (date) by Cortney Liddiard (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 BVA Lanark, 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 COMMISSION NO. 37925 Notary Signature NOTARY PUBLIC My Commission Expires: JA—\� -ac 8� STATE OF IDAHO MY COMMISSION EXPIRES 04/1226 Water Main Easement Version 01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 9-6-2022 Attest by Chris Johnson, City Clerk 9-6-2022 STATE OF IDAHO, ) : ss. County of Ada } This record was acknowledged before me on 9-6-2022 (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 Meridian,Idaho Office Meridian,Idaho 83642 l yl O RR O C hS Tel: 208.895.2502 www.horrocks,com EE 1 Fax: 208.463463.7561 61 E N G I N E E R S �4►� �4NQs ��G6NSF0. � Date: October 13, 2021 9 O Project: ID-LD-3868-21 8-09-22�0 Page: 1 of 1 4rF of ,pP EXHIBIT A �oN Wa►G'fi OLSONAND BUSH SUBDIHSIONN0.2 WATER SERVICE EASEMENT NO.] This easement is situated in a portion of Lot 11,Block 1 of Olson and Bush Subdivision No. 2, Book 90, Page 10508-10509,records of Ada county, Idaho and is located in a portion of the S.E. 114 of Section 8, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho,more particularly described as follows: COMMENCING at a found 5/8" rebar marking the southeast corner of Lot 11, Block 1 0£said OIson and Bush Subdivision No. 1; thence along the south boundary of said Lot 11, 1) N.88°10'23"W., 251.88 feet to the POINT OF BEGINNING, thence continuing along the south boundary of said Lot 11, Block 1, 2) N.88'10'23"W., 20.00 feet, thence leaving said south boundary; 3) N.01°49'37"E., 81.75 feet, thence; 4) N.46°49'37"E., 30.28 feet, thence; 5) 5.88°10'23"E., 7.64 feet, thence; 6) 5.01°49'37"W.5 20.64 feet, thence; 7) 5.46°49'37"W., 12.81 feet, thence; 8) S.OI"49'37"W., 73.47 feet to the POINT OF BEGINNING. OLSON AND BUSH SUB. NO. 2 WATER SERVICE EASEMENT NO.1 P.O.C.-POINT OF COMMENCEMENT r:z P.D.S.-POINT OF BEGINNING rS88010'2YE DO FOUND REBAR &CAP ^ f 7.64' A CALCULATED POINT ° NOT TO SCALE L1 ti 1 ""�546049'37"W 12.81' 1 1 co o co�r z Q0. �J`L N I p H 51 I EL z l I f � l I i P.O.B. P.D.C. 20.00' 88°1023 ~N88010'23"W O ONp,I. L91y�� m 196 0 N � � E. LANARK ST. 08-09-22�0 a �Tf 0 f �QP N WR1�� HORROCKS DRAWING INFO Il�11 EXHIBIT E N G T H E E R S !!B�■ SATE 0819122 SCALE N.T.S. 2775 Wes[Navlgalor Or.,S"ile 210 REV# DATE O 0 Meridian,ID 83542 00 00/0010000 LOT 11, BLOCK 1, OLSON AND BUSH SUB. NO.1 -SEE 2nd SNr�Y FoR L19rING {w.h 8rocks.0 PRo.I.No, ID-LO.3568-2S mwv.horracka.cam PAGE oD1