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
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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
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P.D.S.-POINT OF BEGINNING rS88010'2YE
DO FOUND REBAR &CAP ^ f 7.64'
A CALCULATED POINT
° NOT TO SCALE
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""�546049'37"W
12.81'
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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
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