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Eagle View Landing Bldg 4 & 5 Sanitary Sewer and Water Main Easement No. 3 ESMT-2023-0123 (2023-053904) ADA COUNTY RECORDER Trent Tripple 2023-053904 BOISE IDAHO Pgs=5 VICTORIA BAILEY 09/20/2023 10:43 AM CITY OF MERIDIAN, IDAHO NO FEE Proiect Name(Subdivision): Sanitary Sewer&Water Main Easement Number; i 03 Identify this Basement by sequential number if Proj ect contains , more than one easement of this type. - (See Inductions for additional information). ' ESMT-2023-0123 --SANITARY SEWER AND WATER MAIN EASEMENT - THIS Easement Agreement, made this 19thday of September 20 23 between BVA EAGLE VIEW OFFICE NO.,%LLC C Grantor") and the City of Meridian, an Idaho Municipal ' Corporation('Grantee,); WHEREAS,-the`Grantor desires to provide a sanitary sewer'and water main right-cif- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water 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 sanitary sewer and water mains over and across the following i described property: i (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation -of sanitary sewer and 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. ' -Sanitary Sewer and Water Main Easement Page 1 Version 04/17/2023 i 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 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 EAGLE VIEW OFFICE NO.5,LLC By:BV Management Services,Inc.,an Idaho corporation,the Executive Manager By: �Li diard,PresidentCo ' STATE OF IDAHO ) ) ss County of.A ) This record was acknowledged before me on D9 2,9 1 U1 (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 Eagle View Office No.5,LLC (name of entity on behalf of whom record was executed), in the following representative capacity:President or the Executive Manager (type of authority such as officer or trustee) a O. oT°a'?d�'�cr a ' � No �y � (stamp) .1, �.e i 's ?o pUBUG Notary Signature Aw My Commission Expires: O`119'12oZ�p N,�Y4�',p F Sanitary Sewer and Water Main Easement Page 2 Version 04/17/2023 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 9-19-2023 Attest by Chris Johnson, City Clerk 9-19-2023 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 9-19-2023 (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 Sanitary Sewer and Water Main Easement Page 3 Version 04/17/2023 Horrocks August 11, 2023 Job Number: ID-8012-23 Page Iof2 Exhibit A UTILITY EASEMENT For: BVA EAGLE VIEW OFFICE NO. 5 LLC A UTILITY EASEMENT OVER AN EXISTING WATERLINE, SAID EASEMENT LIES WITHIN PARCEL B OF RECORD OF SURVEY NUMBER 13491 AS RECORDED IN ADA COUNTY, SAID PARCEL OF LAND IS SITUATED IN THE NW 1/4 SEI/4 OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A BRASS CAP MARKING THE CENTER 1/4 CORNER OF SAID SECTION 16, FROM WHICH THE SOUTH 1/4 CORNER BEARS S.00°05'25"E 2653.59 FEET,THENCE S.00°05'25"E., ALONG THE MERIDIONAL CENTERLINE OF SAID SECTION 16, 227.22 FEET TO A 5/8 INCH IRON PIN MARKING THE NORTH WEST CORNER OF PARCEL A ON SAID ROS 13491, THENCE S.89034'33"E.,ALONG POINT ON THE NORTH LINE OF SAID PARCEL A 501.51 FEET TO A 5/8 INCH IRON PIN MARKING THE NORTH WEST CORNER OF SAID PARCEL B OF SAID ROS 13491, THENCE S.00°05'22"W., ALONG THE WEST LINE OF SAID PARCEL B, 76.22 FEET TO A POINT, SAID POINT BEING THE POINT OF BEGINNING; THENCE S.89035'41"E. 5.86 FEET TO A POINT; THENCE S.00001'59"W. 69.81 FEET TO A POINT; THENCE S.89°53'52"E. 51.79 FEET TO A POINT; THENCE S.00°06'08"W. 20.00 FEET TO A POINT; THENCE N.89053'52"W. 51.80 FEET TO A POINT; THENCE 5.00006'08"W. 183.00 FEET TO A POINT; G THENCE 5.89053'52"E. 50.00 FEET TO A POINT; THENCE S.00006'08"W. 20.00 FEET TO A POINT; ao THENCE N.89053'52"W, 50.00 FEET TO A POINT; THENCE S.00006'08"W. 154.50 FEET TO A POINT; 9 of THENCE N.89053'52"W. 2.07 FEET TO A POINT; THENCE N.00°00'00"E. 11.21 FEET TO A POINT; THENCE N.90°00'00"W.3.74 FEET TO A POINT ON THE WEST LINE OF SAID PARCEL B; THENCE N.00°05'22°E., ALONG THE WEST LINE OF SAID PARCEL B, 436.13 FEET TO THE POINT OF BEGINNING. 208-895-2520 Horrocks.com 2775 West Navigator Drive,Suite 210,Meridian,ID 83642 UTILITY EASEMENT FOR BVA EAGLE VIEW OFFICE NO.5,LLC M LOCATED IN NW 114 SE 114,SECTION 16, , P.O.C. TOWNSHIP 3 NORTH,RANGE 1 EAST, C BOISE MERIDIAN,CITY OF MERIDIAN, sFCT'C+pR ADA COUNTY,IDAHO p�,s FR 2023 t`] N m 589'34'33'E O. O m 501.50' O�N �I N L1 i f L1 w P.O.B. (t tta, Ity f'�s fib L2 _ rpc 3b�' 2 S 71 f —�— h S�CT� n (4 �O Nb oRp ON 76 J GP Oc�1\ 2' (�_ P !gyo i/1 60, iu o 1 o In zLEG �nn1 II EM MzzI L5cALcuIATEDPo1Nr I 41� SECTION CORNER Vt L7 ` @ FOUND 5M INCH IRON PIN v Line Table FOUND BRASS CAPAS NOTED t�_ SECTION LINE I'- Line# Length Direction Ij v 7p'-7�L77L771 EASEMENT 5-86' S89°35'41'EZJTZ BOUNDARY LINE L2 51.79' S89°53'52°E P.O.B. POINT OF BEGINNING I•t o P.C.C. POINT OF COMMENCEMENT N L3 20.00' SO°06'08"W A.P.N. ASSESSORS PARCEL NUMBER L10 l i L4 51.80' N89°53'52"W -- 4 L5 50.00' S89'53'52'E L6 20.00' 1 SO°06'08'W L9 L7 50.00' N89°53'52"W LB 2.07' N89'53'52"W 8231 ^- ' L9 11.21' NO'00'00"E �� 8�28ti O�OO��J I L70 3.74' N90°00'00 W of SANITARYSEWER— �q� AND WATER MAIN EASEMENT QQ QC� INSTRUMENT NUMBER 2022-077592 P' HORROCK_S DRAWING INFO IIAII E N G I N E E R S _DATE 08/28/23 EXHIBIT B SCALE 2775 West Navigator Dr.,Suile 210 REV# DA7E Meridian,ID 83642 UTILITY EASEMENT SEESEg E I FOR DESCRIPT10i --- (208)895-2520 PROD.Na ID 8012.23 www.horrocks.com PAGE