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Records Apartments Water Main Easement No. 1 ESMT-2023-0087 (2023-035318) Proiect Name(Subdivision): ADA COUNTY RECORDER Trent Tripple 2023-035318 Records Apartments BOISE IDAHO Pgs=10 VICTORIA BAILEY 06/21/2023 09:12 AM Water Main Easement Number: 1 CITY OF MERIDIAN, IDAHO NO FEE Identify this Easement by sequential number if Project contains more than one Water Main easement. (See Instructions for additional information). ESMT-2023-0087 WATER MAIN EASEMENT THIS Easement Agreement, made this 20th day of June , 2023 between DWT Investments LLC and BVZ Records Village,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, its 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 shall not place or allow to be placed any permanent structures or obstructions within the easement area that would interfere with Grantee's use of said easement, including, but not limited to, buildings, trash enclosures, carports, sheds, fences, trees, or deep-rooted shrubs. 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 Page 1 Version 04/17/2023 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. [END OF TEXT; SIGNATURES TO FOLLOW] Water Main Easement Page 2 Version 04/17/2023 GRANTOR: DWT Investments LLC, an Idaho limited liability company By: Brighton Corporation, Manager By: Robe L. Phillips, President STATE OF IDAHO ) ss. County of Ada ) �uhe. s✓ On this WX day of1", 2023, before me,the undersigned, a notary public in and for said state, personally appeared Robert L. Phillips, known to me to be the President of Brighton Corporation,the Manager of DWT Investments LLC, the entity that executed the foregoing instrument, and acknowledged to me that said entity executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Idaho SHARI VAUGHAN Notary Public-State of Idaho Residing at VAJ.M.*CUa&A Commission Number 20181002 My Commission Expires: (Q- My Commission Expires Jun 1, 2024 GRANTOR: BVZ RECORDS VILLAGE, LLC By: BV Management Services, Inc., an Idaho corporation, Manager By: V Tahri Molifua,Vice President of Real Estate Capital STATE OF IDAHO ) )ss. County of Bonneville ) jn,.. J�v� On this 1 day of fv4aq•,.2023, before me,the undersigned, a notary public in and for said state, personally appeared Tahri Molifua, known to me to be the Vice President of Real Estate Capital of BV Management Services, Inc.,the Manager of BVZ Records Village, LLC, the entity that executed the foregoing instrument, and acknowledged to me that said entity executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. `SEE .. a �NDTARY's Notary Public for Idaho s Residing at: My Commission Expires: 09 I los I Z0Z(o 2 . 0 ''''�y* OF„�, P°�````• GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 6-20-2023 Attest by Chris Johnson, City Clerk 6-20-2023 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 6-20-2023 (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 Page 3 Version 04/17/2023 km E N G I N E E R I N G May 3,2023 Project No.21-225 City of Meridian Water Easement Legal Description Exhibit A Parcels of land for a City of Meridian Water Easement situated in a portion of the Southeast 1/4 of the Southwest 1/4 of Section 4,Township 3 North, Range 1 East, Boise Meridian,City of Meridian,Ada County, Idaho and being more particularly described as follows: Commencing at a found aluminum cap marking the South 1/4 corner of said Section 4,which bears S89°22'45"E a distance of 2,659.59 feet from a found aluminum cap marking the Southwest corner of said Section 4; Thence following the easterly line of said Southeast 1/4 of the Southwest 1/4, N00'32'11"E a distance of 307.22 feet; Thence leaving said easterly line, N89°27'49"W a distance of 14.50 feet to the westerly line of an existing Sanitary Sewer and Water Main easement per Instrument No.2022-093568 and being POINT OF BEGINNING 1. Thence N89'36'49"W a distance of 13.90 feet; Thence S00°39'07"W a distance of 159.26 feet; Thence N89°26'44"W a distance of 47.71 feet; Thence N00'33'16"E a distance of 20.00 feet; Thence S89°26'44"E a distance of 27.74 feet; Thence N00*39'07"E a distance of 159.23 feet; Thence S89°35'28"E a distance of 33.86 feet to a point on said westerly easement line hereinafter referred to as POINT"A"; Thence following said westerly easement line,S00°32'11"W a distance of 20.01 feet to POINT OF BEGINNING 1. Said parcel contains 4,418 square feet,more or less. TOGETHER WITH: Commencing at the point previously referred to as POINT"A"; Thence following said westerly easement line, N00°32'11"E a distance of 281.67 feet to POINT OF BEGINNING 2. Thence leaving said westerly easement line, N89°27'48"W a distance of 17.58 feet; Thence N00'32'12"E a distance of 20.00 feet to a point hereinafter referred to as POINT"B"; Thence S89°27'48"E a distance of 17.58 feet to said westerly easement line; Thence following said westerly easement line,S00°32'11"W a distance of 20.00 feet to POINT OF BEGINNING 2. Said parcel contains 352 square feet,more or less. TOGETHER WITH: 5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939• kmengllp.com Commencing at the point previously referred to as POINT"B"; Thence N73°45'32"W a distance of 324.47 feet to POINT OF BEGINNING 3. Thence N89°49'30"W a distance of 20.00 feet; Thence N00°10'30"E a distance of 19.47 feet; Thence N89°49'28"W a distance of 55.83 feet to a point hereinafter referred to as POINT"C"; Thence N00°35'37"E a distance of 52.42 feet to the southerly right-of-way line of E.Elden Gray Street; Thence following said southerly right-of-way line the following two(2)courses: 1. 10.93 feet along the arc of a curve to the right,said curve having a radius of 595.00 feet,a delta angle of 01'03'08",a chord bearing of N89°52'20"E,and a chord distance of 10.93 feet to a found 5/8-inch rebar; 2. S89'35'58"E a distance of 9.07 feet; Thence leaving said southerly right-of-way line,SOO°35'37"W a distance of 32.44 feet; Thence S89°49'28"E a distance of 55.68 feet; Thence S00°10'32"W a distance of 39.47 feet to POINT OF BEGINNING 3. Said parcel contains 2,554 square feet,more or less. TOGETHER WITH: Commencing at the point previously referred to as POINT"C"; Thence S39°09'16"W a distance of 238.35 feet to POINT OF BEGINNING 4. Thence S00°24'09"W a distance of 77.91 feet; Thence 589'53'09"W a distance of 28.20 feet to a point on the easterly right-of-way line of N. Records Avenue hereinafter referred to as POINT"D"; Thence following said easterly right-of-way line the following three(3)courses: 1. N00°24'14"E a distance of 41.95 feet to a found 5/8-inch rebar; 2. S89°35'51"E a distance of 11.00 feet to a found 5/8-inch rebar; 3. 36.24 feet along the arc of a curve to the left,said curve having a radius of 535.50 feet,a delta angle of 03°52'40",a chord bearing of N01°32'11"W,and a chord distance of 36.24 feet; Thence leaving said easterly right-of-way line,S89°35'51"E a distance of 18.43 feet to POINT OF BEGINNING 4. Said parcel contains 1,817 square feet,more or less. PAGE 12 TOGETHER WITH: Commencing at the point previously referred to as POINT"D"; Thence following said easterly right-of-way line,S00°24'04"W a distance of 34.10 feet to POINT OF BEGINNING 5. Thence leaving said easterly right-of-way line,S89°07'54"E a distance of 20.87 feet; Thence N00°21'08"E a distance of 15.91 feet; Thence S89°38'53"E a distance of 29.00 feet; Thence 500'15'58"W a distance of 16.00 feet; Thence S89°38'50"E a distance of 22.65 feet; Thence S00°21'10"W a distance of 20.00 feet; Thence N89°38'50"W a distance of 17.02 feet; Thence 500*21'10"W a distance of 16.01 feet to a point hereinafter referred to as POINT"E'; Thence N89°36'50"W a distance of 29.00 feet; Thence N00°21'10"E a distance of 16.02 feet; Thence N89°03'57"W a distance of 26.55 feet to said easterly right-of-way line; Thence following said easterly right-of-way line, N00°24'09"E a distance of 19.98 feet to POINT OF BEGINNING 5. Said parcel contains 2,379 square feet,more or less. TOGETHER WITH: Commencing at the point previously referred to as POINT"E"; Thence S10°20'18"W a distance of 245.37 feet to POINT OF BEGINNING 6. Thence S00°25'38"W a distance of 20.00 feet; Thence N89°34'22"W a distance of 8.45 feet to said easterly right-of-way line; Thence following said easterly right-of-way line,N08'42'07"W a distance of 20.26 feet; Thence leaving said easterly right-of-way line,S89°34'22"E a distance of 11.66 feet to POINT OF BEGINNING 6. Said parcel contains 201 square feet,more or less. Said description contains a total 11,721 square feet,more or less,and is subject to all existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. D,,kaL LaN0 ,or,E N Sar fp 6 O f SOP HYNSOa 3/2023 PAGE13 c1 L1 a E. Elden Gray St. .03 '!�_L2D� POINT "C" J L16 POINT OF BEGINNING 3 L14 oNpt LAND 3N�3�532 °j/•/_ mow`., .\rENSFo .o cbh CL .O' O� � POINT "g L12 L f L10 26 qTF OF 0 POINT OF BEGINNING 2 ��4 HYNS 14.5' EXISTING SANITARY SEWER c� AND WATER MAIN EASEMENT PER-}- LDo IN POINT OF BEGINNING 4 5 2o23 INST. No. 2022-093568 �I IJ _ POINT D" �I " I � L23d N Li l t POINT OF SEE DETAIL BEGINNING 5j N iv of0 100 200 300 z Il POINT "E" Plan Scale: 1" = 100' J LEGEND POINT "A" Q I ® L8 a I N FOUND ALUMINUM CAP BEGPOINTINNIN�1 � 3f'_ 0 CALCULATED POINT ti o�^ — — — SECTION LINE L1 ADJACENT BOUNDARY LINE PROPOSED EASEMENT LINE I I EXISTING EASEMENT LINE I I r� 3 I DETAIL L43 1 POINT OF L30 Scale 1" = 60' I I r 1 POINT OF — BEGINNING 6 BEGINNING 5� L28 N JAL32 L64 I o ° rP,. �J L4 � L41 J � ' L38�� MTL34 r —� o o L36 z Z POINT "E" Z f w SOUTHWEST CORNER POINT OF COMMENCEMENT w ECTION 4 SOUTH 1/4 CORNER 3 5 J�S Fairview Ave. _ SECTION 4 4 g g S89'22'45"E 2659.59' 9 ENGINEERING BASIS OF BEARING F. 5725 NORTH DISCOVERY WAY X BOISE,IDAHO 83713 Exhibit B } PHONE(208)639-6939 kmengl Ip.com City of Meridian Water Easement DATE: May 2023 PROJECT: 21-225 SHEET: A portion of the SE 1/4 of the SW 1/4 of Section 4, 1 OF 2 T3N., R1E., B.M., City of Meridian, Ada County, Idaho CURVE TABLE CURVE RADIUS LENGTH DELTA CHORD BRG CHORD Cl 595.00' 10.93' 1'03'08" N89'52'20"E 10.93' C2 535.50' 36.24' 3'52'40" N1'32'11"W 36.24' LINE TABLE LINE TABLE LINE BEARING DISTANCE LINE BEARING DISTANCE L1 N89'27'49"W 14.50 L23 S89'53'09"W 28.20 L2 N89'36'49"W 13.90 L24 NO'24'14"E 41.95 L3 SO'39'07"W 159.26 L25 S89'35'51"E 11.00 L4 N89'26'44"W 47.71 L26 S89'35'51"E 18.43 L5 NO'33'16"E 20.00 L27 SO'24'04"W 34.10 L6 S89"26'44"E 27.74 L28 S89'07'54"E 20.87 L7 NO'39'07"E 159.23 L29 NO'21'08"E 15.91 L8 S89'35'28"E 33.86 L30 S89'38'53"E 29.00 L9 SO'32'1 1"W 20.01 L31 SO'15'58"W 16.00 L10 N89'27'48"W 17.58 L32 S89'38'50"E 22.65 0 L11 NO'32'12"E 20.00 L33 SO'21'10"W 20.00 a L12 S89'27'48"E 17.58 L34 N89'38'50"W 17.02 0 L13 SO'32'11"W 20.00 L35 SO'21'10"W 16.01 a L14 N89'49'30"W 20.00 L36 N89'36'50"W 29.00 0 3 L15 NO'10'30"E 19.47 L37 NO'21'10"E 16.02 0 L16 N89'49'28"W 55.83 L38 N89'03'57"W 26.55 C Z L17 NO'35'37"E 52.42 L39 NO'24'09"E 19.9B Z L18 S89'35'58"E 9.07 L40 SO'25'38"W 20.00 L19 SO'35'37"W 32.44 L41 N89'34'22"W 8.45 o L20 S89'49'28"E 55.68 L42 N8'42'07"W 20.26 Z w L21 SO'10'32"W 39.47 L43 S89'34'22"E 11,66 L22 SO'24'09"W 77.91 a 3 N N rl N E N G I N E E R I N G m 5-NORTH DISCOVERY WAY W BOISE,IDAHO 83713 PHONE(208)639-6939 Exhibit B kmengllp.com City of Meridian Water Easement DATE: May 2023 q PROJECT: 21-Z25 sHEET: A portion of the SE 1/4 of the SW 1/4 of Section 4, 2 OF 2 T3N., R1E., B.M., City of Meridian, Ada County, Idaho a