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Meridian Commerce Park Grand Mougul Drive Phase 1 Water Main Easement No. 1 ESMT-2023-0141 (2023-059087) ADA COUNTY RECORDER Trent Tripple 2023-059087 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 10/18/2023 08:14 AM CITY OF MERIDIAN, IDAHO NO FEE 0141 ESMT-2023-0140 Meridian Commerce Park Grand Mougul Drive Phase 1 Water Main Easement No. I WATER MAIN EASEMENT THIS Easement Agreement, made this 17th day of October 20 23 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. 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 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: Meridian BC Holdings LP a Delaware limited partnership By: ATSAW GP, LLC, a Washington limited liability company Its: General Partner By: AT GP/M LLC, a Washington limited liabil' mpany Its: Manager By: Name: Ti tii No u*fc— Its: yvAr ►_ 1 &4,e►L Water Main Easement Page 2 Version 04/17/2023 STATE OF Af+p ) ) ss County of e ) This record was acknowledged before me on (date) by Tim Wolff_ (name of individual), on behalf of Meridian BC Holdings LP, in the following representative capacity: Manager AT GP/M LLC, the Manager of ATSAW GP, LLC, the General Partner of Merid' n B Ha s L Notary Signature My Commission Expires: I� L7 ZoZ� Scott t)esseraUR 64530 NOTARY PUBLIC STATE OF IDAHO y c(WNIISSION EXPIRES 10/27/2026 1m. 6 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 10-17-2023 Attest by Chris Johnson, City Clerk 0-1 - 023 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 Water Main Easement Page 3 Version 04/17/2023 `� LEGAL DESCRIPTION 0 �►� T H E Page 1 of 2 ! r LAN D GROUP July 12, 2023 Project No.: 121102 EXHIBIT"A" BLACK CAT INDUSTRIAL CITY OF MERIDIAN WATER EASEMENTS DESCRIPTION EASEMENT 1 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 Northeast Corner of said Section 16 bears North 000 43' 09" East, 2657.25 feet distant); Thence North 000 43' 09" East, 249.61 feet on the East line of said Section 16; Thence North 890 16' 51" West, 746.82 feet to the POINT OF BEGINNING; Thence South 00° 29' 04" West,47.77 feet; Thence North 89' 30' 56" West, 20.00 feet; Thence North 00' 29' 04" East, a distance of 53.20 feet to a point of curvature; Thence 15.89 feet on the arc of a curve to the right, having a radius of 353.00 feet, a central angle of 02'34'44", and whose chord bears South 74'43'05" East, 15.89 feet to a point of compound curvature on the northern boundary line of said Parcel "C"; Thence 4.84 feet on the arc of a curve to the right, having a radius of 353.00 feet, a central angle of 00'47'07", and whose chord bears South 73°02' 10" East, 4.84 feet to the POINT OF BEGINNING. TOGETHER WITH: EASEMENT 2 An easement located in Parcel "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 the Northeast Section Corner of said Section 16 bears North 00'43'09" East, 2657.25 feet distant); Thence North 00'43' 09" East, 9.91 feet; Thence North 89' 16' 51" West,428.98 feet to a point of curvature, said point being the POINT OF BEGINNING; 462 East Shore Drive, Suite 100, Eagle, Idaho 83616 208.939.4041 thelandgroupinc.com July 13, 2023 Page 2 Thence 24.91 feet on the arc of a curve to the left, having a radius of 738.54 feet, a central angle of 01' 55' 58", and whose chord bears South 52°55' 08" East, 24.91 feet; Thence South 00° 29' 04" West, 50.76 feet; Thence North 89' 30' 56" West, 20.00 feet; Thence North 00' 29' 04" East, 65.61 feet to the POINT OF BEGINNING. PREPARED BY: LA The Land Group, Inc. p�L TE fib' a 7880 2 7-12-2023 �y ATE OF �aP James R. Washburn, PLS 'S'R.WA Site Planning• Landscape Architecture•Civil Engineering•Surveying 462 E.Shore Drive,Suite 100• Eagle, Idaho 83616• P 208.939.4041•www.thelandgroupinc.com File Location: g.\2021\121102\cad\survey\exhibits\black cat collector 2023\com\ex 121102 water 230713.dwg Last Plotted By mitch anderson Date Plotted: Thursday,July 13 2023 at 03.59 PM c'� r c-) c-) 1 crn 41 w i i z w N < m m cn z z cn z r L4 = T 1 r o O co 00 o coo O7 ° o x z tv W nD 1 D r n o �o 00 00 co o O co rn CD _ _w� - - o rn Cr L2 N co v C-11 n CD _ oo w w I+ 1 o o C5 o w o ti z o o En �� W O M II O O O �I W = N Cn W fJ w Z O cn co o = T D cn ti r C r 1 ac"o oy � D CD � rn z 41 = Cr z 00 r ° � M 70 cn 1 w W o rn 002 O o� m w � �a rh rA m Cr Cn _ L7 CD 00 r �a rn N rn c� p 0 z o o = o N 70 C D io co 0o r �a I rn C" z I w r co w 00 �a oN 5 M m wr �a C.0 D 1 m I+ W Nom cn o D I I1 � CA N dS P Foss y5 l0 I L7 y J � r rno�_— o � W y o �0( y L5 ^' a 9ti0 i a I Ho M T I v cD � O — z Cn O I I O JJ m M _ _ _ 239.70' _ _ _ _ '407.64' 0 0 6' N00°43'09"E 2657.25' BLACK CAT ROAD Water Easements TH E 21 Black Cat Industrial - W. Vanguard Dr. W LAND City of Meridian - GROUP