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Meridian Commerce Park Grand Mougul Drive Phase 1 Sanitary Sewer and Water Main Easement No. 1 ESMT-2023-0140 (2023-059086) ADA COUNTY RECORDER Trent Tripple 2023-059086 BOISE IDAHO Pgs=5 VICTORIA BAILEY 10/18/2023 08:14 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2023-0140 Meridian Commerce Park Grand Mougul Drive Phase 1. Sanitary Sewer Easement No. 1 SANITARY SEWER 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 sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer 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 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 sanitary sewer and 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 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 liabi ' company Its: Manager By: Name: T I&C- Its: ►�)f'^`1/a C�b� Sanitary Sewer Easement Page 2 Version 04/17/2023 STATE OF e—. -I } ) ss County of ) This record was acknowledged before me on (date) by Tim Wolff_ (name of individual), on behalf of Meridian BC Holdings LP, in the fallowing representative capacity: Manager GP/M LLC, the Manager of ATSAW GP, LLC, the General Partner of Meridia BC of gs LP_ soon o�r��,rt ary Signa ure 64530 My Commission Expires: NOTARY PUBLIC STATE OF IDAHO My COMM!SSION EXPIRES IOP-7P2t128 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 Water Main Easement Page 3 Version 04/17/2023 `� LEGAL DESCRIPTION 0 T H E Page 1 OF 1 LAN D GROUP July 14, 2023 Project No.: 121102 EXHIBIT"A" BLACK CAT INDUSTRIAL CITY OF MERIDIAN SEWER EASEMENT DESCRIPTION EASEMENT 1 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 Southeast Section Corner of said Section 16 bears South 000 43'07" West, 2656.35 feet distant); Thence from said East One Quarter Corner, South 000 43' 07" West, 99.88 feet on the East line of said Section 16; Thence North 890 16' 53" West, 259.38 feet the POINT OF BEGINNING; Thence North 89' 16' 53" West, 20.00 feet; Thence North 00' 29' 04" East, a distance of 35.11 feet to a point of curvature; Thence 20.57 feet on the arc of a curve to the left, having a radius of 453.50 feet, a central angle of 02' 35' 57", and whose chord bears South 75'59' 09" East, 20.57 feet; Thence South 00° 29' 04" West, 30.38 feet to the POINT OF BEGINNING. PREPARED BY: The Land Group, Inc. j' AAr G a ( 880 7-14-2023 James R. Washburn, PLS .i. OF �pP � R.WA 462 East Shore Drive, Suite 100, Eagle, Idaho 83616 208.939.4041 thelandgroupinc.com File Location: g.\2021\121102\cad\survey\exhibits\black cat collector 2023\com\ex 121102 sewer 230713.dwg Last Plotted By mitch anderson Date Plotted: Friday,July 14 2023 at 08:27 AM C7 / r 1 < w ti 1 z m L2 r^ o �o - r- C.0 oz w w 7- = M oN m o o co D �� C-)C) x z N CD �. N V CO O O R CO) Cr _ Z. w L3 En wok v m a Cn m Un w Dp CD CD � cD� a CD Cn C Cl) W iv m W - m 1 - o Co o crt o z II °O - C? = I z N o o CA) M Ch n CD � a Cn = o PR ro C5 o rn O � 00 C)o N r z c� No � C) r'jj �� b� l o, 0 z 2I0 ro Ico = w og 9� C7 R/W B/W Cn Cn n M M C-) I rn 4�- Cn 2556.46' _ _99.88' 2 - A-Y S00°43'07"W 2656.35' BLACK CAT ROAD z N N O 00 W N O Sewer Easement TH E 22, Black Cat Industrial - W. Vanguard Dr. LAND City of Meridian a� GROUP