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Seyam East Subdivision Water Main Easement No. 1 ESMT-2022-0246 (2022-097207) ADA COUNTY RECORDER Phil McGrane 2022-097207 BOISE IDAHO Pgs=5 LINDSAY WHEELER 12/07/2022 08:20 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0246 Seyam East Subdivision Water Main Easement No. 1 WATER MAIN EASEMENT THIS Easement Agreement, ade this 6th dayof December,;2022 between r AB OwnerV , Lt_C (" rantoe'), 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 d described; and WHEREAS, the water main is to be provided for through er oud pipelines to be constructed by others; an 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 untote said Grantee, it's successors and assigns forever. IT IS EXPRESSLY ICE STO 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 an 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: Michael S. Adler STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on 9/27/2022 (date) by Michael S.Adler (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 Adler AB Owner XV, LLC (name of entity on behalf of whom record was executed), in the following representative capacity: President (type of authority such as officer or trustee) (staNk m �llul/►�►� V lJ�.v�ct� ice, M c �p AXt �:K M �N c^F i�i Notary Signature U'9'�c My Commission Lxnires: 14 =_ t WCOMMISSION i EXPIRES BA-2027 = q7,OF 10AXX.���``�� aii IiB%%\a Water Main Easement Version 01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 12-6-2022 Attest by Chris Johnson, City Clerk 12-6-2022 STATE OF TDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 12-6-2022 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 EXHIBIT A ADLER INDUSTRIAL BUILDINGS 326&327 WATER MAIN-EASEMENT NUMBER 1 SITUATED IN THE SW 1/4 OF THE SE 114 OF SECTION 9 T_3 N.,R_ l E.,B.M. CITY OF MERIDIAN,ADA COUNTY,IDAHO A 20 foot wide easement situated in Lot 1,Block 2,of Seyam East Subdivision,a recorded subdivision on file in Book 116 of Plats at Pages 17443 through 17447,records of Ada County,Idaho,and further described as situated in the Southwest 1/4 of the Southeast 1/4 of Section 9,Township 3 North,Range 1 East,Boise Meridian, City Of Meridian,Ada County,Idaho,being 10 feet each side of the following described centerline: Commencing at the northwesterly corner of said Lot 1,Block 2 of Seyam East Subdivision from which the southwesterly comer of said Lot 1 bears South 1*31'51"West 278.44 feet; thence along the easterly right-of-way of North Truckee Avenue South 1'31'51"West 39.06 feet to the POINT OF BEGINNING; thence leaving said easterly right-of-way South 88°28'09"East 60.00 feet; thence South 1°3 V51"West 73.00 feet; thence North 88°28'09"West 23.00 feet to the POINT OF TERMINUS, comprising 3120 square feet,more or less. —A hit ENS ` o Z�l �f 566-01.doc Page 1 of 1 EXHIBIT B MAP TO ACCOMPANY LEGAL DESCRIPTION ADLER INDUSTRIAL N BUILDINGS 326 A 327 WATER MAIN-E4 SEMEN T NUMBER I SITUATED IN SEYAM EAST SUBDIVISION !N THE SW 1/4 OF THE SE 1/4 OF SECTION 9 - — T3N HIE BM CITY OF MERIDIAN, ADA COUNTY, IDAHO Ii LOT 2 BLOCK 2 i SEYAM EAST SUBDIVISION NOT TO SCALE I I I I I ' I I I i fL-1ill, U �L1 j ' 11 W� r r c') s I , co N I Z IC Q I l z J I z3 L3 - 1 LINE TABLE I LOT 1 BLOCK 2 MI I LINE � LENGTH BEARING N t SEYAM EAST SUBDIVISION I i L1 60.00' S 88'28'09" E 1 s t = 1-2 73.00' S 1'31'51" W L3 23.00' N 88-28'09" W 1 I � I I I I i I I - t �_--------------------------- -- E. FRANKLIN ROAD �p - LAND\O S LEGEND ������G15TER�,o G�c- I — EASEMENT CENTERLINE O I EASEMENT U) ` — — PLATTED LOT LINE OF O CEO STREET CENTERLINE FN C. — — — — — EXISTING EASEMENT PAGE 1 OF 1 566 EASEMENT EXHIBITS.DWG ,