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Meridian Commerce Park Building J Water Main Easement No. 1 ESMT-2023-0130 (2023-059085) ADA COUNTY RECORDER Trent Tripple 2023-059085 BOISE IDAHO Pgs=8 CHE FOWLER 10/18/2023 08:14 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2023-0130 Meridian Commerce Park Building J Water Main Easement No. 1 WATER MAIN EASEMENT THIS Easement Agreement, made this 17th day of October , 2023 between Meridian BC Holdings LP ("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 THE GRANTOR covenants and agrees that Grantor shall not place or allow to be placed any pen-nanent 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-ofway 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 apart 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: Meridian BC Holdings LP 0a. STATE OF WASHINGTON) ) ss County of Spokane ) This record was acknowledged before me on 7 o1D by j4,6on behalf of AT GP/M LLC, the Manager of ATSAW GP, LLC, the General Partner of Meridian BC Holdings LP,in the following representative capacity: Manager PGAR0H.� �t�� .. mill 11, No Signa f �.!�� 1A y .,� ,� My Commission Expires: � u+. S u 2302387 i Gs � A \ .r III OF YVP,15 }}}}i1\11\���� Sanitary Sewer and Water Main Easement Page 2 Version 04/17/2023 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 10-17-2023 Attest by Chris Johnson, City Clerk 10-17-2023 STATE OF IDAHO, ) :ss County of Ada ) This record was acknowledged before me on 10-17-2023 (date)by Robert E.Simison and Chris Johnson on behalf of the City of Meridian,in their capacities as Mayor and City Clerk, respectively. Notary Signature My Commission Expires: 3-28-2028 Sanitary Sewer and Water Main Easement Page 3 Version 04/17/2023 `� LEGAL DESCRIPTION 0 �� T H E Page 1 of 2 ! r LAN D GROUP August 24, 2023 Project No.: 122173 EXHIBIT"A" BLACK CAT INDUSTRIAL MERIDIAN COMMERCIAL PARK—BUILDING J UTILITY EASEMENT DESCRIPTION An easement located in Parcels "A" and "C" as shown on Record of Survey No. 13698, recorded under Instrument No. 2022-090395 of Ada County Records, located in the East Half of Section 16,Township 3 North, Range 1 West, Boise Meridian, City of Meridian,Ada County, Idaho, being more particularly described as follows: Commencing at the East One Quarter Corner of Section 16 of said Township 3 North, Range 1 West, (from which point the Southeast Corner of said Section 16 bears South 000 43' 07" West, 2656.35 feet distant); Thence South 000 43' 07"West, 53.69 feet on the East line of said Section 16; Thence North 890 33' 08"West, 408.71 feet to the POINT OF BEGINNING; Thence South 00° 29'04" West, 53.65 feet; Thence South 89° 30' 56" East, 16.46 feet; Thence South 00° 29'04" West, 20.00 feet; Thence North 89' 30' 56" West, 16.46 feet; Thence South 00° 29'04" West, 221.92 feet; Thence South 89° 30' 56" East, 12.00 feet; Thence South 00° 29'04" West, 20.00 feet; Thence North 89° 30' 56" West, 12.00 feet; Thence South 00° 29'04" West, 303.47 feet; Thence South 89° 30' 56" East, 12.00 feet; Thence South 00' 29'04" West, 20.00 feet; Thence North 89' 30' 56" West, 12.00 feet; Thence South 00' 29'04"West, 67.59 feet; Thence North 89' 30' 56" West, 50.79 feet; Thence North 80' 30' 47" West, 175.35 feet; Thence North 80' 31' 16" West, 106.51 feet; Thence South 00° 29'04"West, 11.99 feet; Thence North 89' 30' 56" West, 20.00 feet; Thence North 00' 29' 04" East, 20.91 feet; Thence North 89' 30' 56" West, 58.10 feet; Thence North 00' 29' 04" East, 20.00 feet; Thence South 89° 30' 56" East, 75.69 feet; Thence North 00' 29' 04" East, 858.89 feet; Thence North 44' 30' 56" West, 35.75 feet; Thence North 00' 29' 04" East, 8.29 feet; Thence South 89' 30' 56" East, 20.00 feet; 462 East Shore Drive, Suite 100, Eagle, Idaho 83616 208.939.4041 thelandgroupinc.com August 24, 2023 Page 2 Thence South 44° 30' 13" East, 35.76 feet; Thence South 00° 29'04"West, 85.76 feet; Thence South 89° 30' 56" East, 27.06 feet; Thence South 00° 29'04"West, 20.00 feet; Thence North 89° 30' 56" West, 27.06 feet; Thence South 00° 29'04" West, 359.93 feet; Thence South 89° 30' 56" East, 24.72 feet; Thence South 00° 29'04" West, 37.49 feet; Thence North 89° 30' 56" West, 24.72 feet; Thence South 00° 29'04" West, 375.43 feet; Thence South 80° 30'47" East, 265.64 feet; Thence South 89° 30' 56" East, 29.21 feet; Thence North 00' 29' 04" East, 686.63 feet; Thence South 89' 30' 56" East, 20.00 feet to the POINT OF BEGINNING. PREPARED BY: The Land Group, Inc. py LApr� ��5 1 T a '7880 � 8-24-2023 .yf OF James R. Washburn, PLS ,sR WA Site Planning•Landscape Architecture•Civil Engineering•Surveying 462 E.Shore Drive,Suite 100•Eagle, Idaho 83616•P 208.939.4041•www.thelandgroupinc.com I I — — I NE COR. 1 \ PARCEL"B" I SEC. 16 � ROS# 13698 I, �L„ - - - - J N wl I \ O Cl) PARCEL"A" I � I ROS#13698 E 1/4 z o CD SEC. 16 I� < P.O.B. 53.69' 1 Y\ S89°33'08"E 408.71' Q o I o N (/) CD N I� I I I PARCEL"All I PARCEL"C" ROS#13698 I I ROS# 13698 — MATCH LINE-PG. 2 L0 I� I I MATCH LINE- PG.3 I `�CO I 40' 0 c+) Io 0 UTILITY EASEMENT 0.984 ACRES (42,880 FT2) I� I OPAL LA1�tL S RF s'G I w a 7880 w SE COR. N8p °31 16" 5 8-24-202� SEC. 16� �y y06.51, a L _ ''�sd,9TE0F�0��� � a 0 150' 300' Exhibit "B" x a Horizontal Scale: = 150' Project No.:122173 August 24,2023 218 % THE Utility Easement co �.E t LAND Meridian Commerce Park - Building J o -IT NT GROUP City of MeridianTM °L210 L20 l�9 0 0 I PARCEL"A" co `� ROS#13698 10� �N�s I \ w�5 F-Gt T J �c10 °L24° \ w 76 0 8-24-20230 o L25 �9 �Tf OF L26 `� R.WA� I \Line Table LINE BEARING LENGTH I \ L1 S00°29'04"W 53.65' � L2 S89°30'56"E 16.46' P.O.B. I I L3 S00°29'04"W 20.00' L31° ` C'� M _ 00 L4 N89°30'56"W 16.46' � � U cam° 00 coJ M L19 N44°30'56"W 35.75' w r w U � � cc C, L20 N00°29'04"E 8.29' L2 o < o 0 0 F N L21 S89°30'56"E 20.00' J I 0 0 ° ° I z U) L22 S44°3013"E 35.76' L L23 S00°29'04"W 85.76' I � L24 S89°30'56"E 27.06' I I L25 S00°29'04"W 20.00' ��rn M PARCEL"A" I L26 N89°30'56"W 27.06' `U N N I r "u ROS#13698 L27 S89°30'56"E 24.72' �r I 0 o � L28 S00°29'04"W 37.49' N CDo 0 0 L27 L29 N89°30'56"W 24.72' z cc,- L31 S89°30'56"E 20.00' J oL� I MATCH LINE-PG. 3 3 a Exhibit "B 0 80' 160' " 0 x a Horizontal Scale:l" = 80' Project No.:122173 August 24,2023 218 Qom " ''' THE Utility Easement co �.E t LAN D Meridian Commerce Park - Building J o IT NT � GO— CM GROUP City of Meridian MATCH LINE- PG. 2 Line Table o o�J O O I I LINE BEARING LENGTH L7 L5 S891056"E 12.00' 1 I I � L6 S00°29'04"W 20.00' I v L7 N89°3056"W 12.00' LO coo r— = rn coc.3 M L8 S89°30'56"E 12.00' PARCEL"All LO � CO F _ w �1 ROS# 13698 ,,, o L9 soo°29'o4"w 20.00' CD o `7 � Q M M O o a CD L10 N89°30'56"W 12.00' w � o ��� °V CIO L11 S00° '2904"W 67.59' O N O Z O N L12 N89°30'56"W 50.79' O ° z o L13 S00°29'04"W 1199' �«� L14 N89°30'56"W 20.00' I L15 N00°29'04"E 20.91' L16 N89°30'56"W 58.10' I L17 N00°29'04"E 20.00' L18 S89°3056"E 75.69' L8 L18 0 0 �O o .L.L� L10 � '''' S80°30'47"E � 0 0 �o L16 � o ■G✓1 265.64' L15 0 o N80°3116-w�•t o L 106.51' o L30 0 ,— L14 I L13 N80°30'47 ��1 175.35' o - - - � — L12 J Line Table LINE BEARING LENGTH LA1�r1jS l ti T L30 S891056"E 29.21' - o a. 7880 a, — 8-24-20230 OF R.WA 3 a Exhibit "B„ 0 80' 160' 0 x a Horizontal Scale:1" = 80' Project No.:122173 August 24,2023 218 Qom " ''' THE Utility Easement co �.E t LAN D Meridian Commerce Park - Building J o GROUP City of Meridian co