Seyam East Subdivision Water Main Easement No. 2 ESMT-2022-0046 (2022-097208) ADA COUNTY RECORDER Phil McGrane 2022-097208
BOISE IDAHO Pgs=5 ANGIE STEELE 12/07/2022 08:21 AM
CITY OF MERIDIAN, IDAHO NO FEE
ESMT-2022-0046 SeyamEast Subdivision
.ter Main Easement . 2
.ter Main Easement
THIS Easement Agreement, made this 6th day of December, 2022 between Adler AB Owner XV,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 )
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 ICE TOO 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
aintenance, 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
.ter Main Easement "version 01f1f2020
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)
(s`�Ililr►tf7�� V UI,i�LL TZ. � ��-�t�i.�`\`\���\�Np
. '�p,RY PCiQ•., �� Notary Signature
• My Commission Expires: y2-7
MY COMMISSION
EXPIRES 8-0-2027OF
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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 IDAHO, )
: 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.
(stamp)
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 2
SITUATED IN THE SW 1/4 OF THE SE 1/4 OF SECTION 9
T.3 N.,R 1 E.,B.M.
CITY OF MERIDIAN,ADA COUNTY,IDAHO
A 20 foot wide easement situated in Lot 2,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 northeasterly comer of said Lot 2,Block 2 of Seyam East Subdivision from which the
northwesterly comer of said Lot 2 bears North 88°28'09"West 289.30 feet;
thence along the southerly right-of-way of East Lanark Street North 88128'09"West 139.30 feet to the
POINT OF BEGINNING;
thence leaving said southerly right-of-way South 1031'51"West 24.00 feet;
thence South 88°28'09"East 17.00 feet to the POINT OF TERMINUS,comprising 820 square feet,more
or less.
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566-02.doc Page 1 of 1
EXHIBIT B -- ^--- --- -- __
N MAP TOACCOMPANYLEGAL DESCRIPTION
T ADLER INDUSTRIAL
T BUILDINGS 326& 327
WATER MAIN-EASEMENT NUMBER 2
SITUATED IN SEYAM EAST SUBDIVISION
IN THE SW 1/4 OF THE SE 1/4 OF SECTION 9
T3N R1E BM
CITY OF MERIDIAN, ADA COUNTY, IDAHO
NOT TO SCALE
I
I I
I S
E LANARK STREET
N 88'28'09" W 289.30' -
1 50'00 139.30'
----- I-Y _ - -
- ----
LILL
2 I I I
�Ll I
Y l i LOT 2 BLOCK 2 1 LOT 3 BLOCK 2
SEYAM EAST SUBDIVISION kSEYAM EAST SUBDIVISION
~ Ij
LINE TABLE
LINE LENGTH BEARING
L1 24.00' S 1'31'51" W
L2 17.00' S 88'28'09" E
LANO
LEGEND
EASEMENT CENTERLINE n 1J1' 78 1 2
UIIlU EASEMENT v ��P G,`0
PLATTED LOT LINE C W
STREET CENTERLINE 01
- — — — — — EXISTING EASEMENT
PAGE 1 OF 1 566 EASEMENT EXHIBITS.DWG