IN-N-Out Burgers Water Main Easement ESMT-2023-0151 (2023-060411) ADA COUNTY RECORDER Trent Tripple 2023-06041
Prolect Name(Subdivision): BOISE IDAHO Pgs=6 ANGIE STEELE 10/24/2023 04:45 PM
IN-N-OUT BURGERS CITY OF MERIDIAN, IDAHO NO FEE
Water Main Eatement Number:
Identify this Easement by sequential number if Project contains
moms tban me Water Main easement.
(See Instructions for_additional information).
ESMT-2023-0151
WATERA
THIS Easement Agreement, made this _24th day of October 20 23 between IN-N-OUT BURGERS,a CA Corp.
("Grantor"), and the City of Meridian, 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 )
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
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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:
IN-N-OUT BURGERS,a California corporation
By: Mike Abbate,Asst.VP of Real Estate
STATE OF IDAHO )
) ss
County of Ada )
This record was acknowledged before me on (date) by
(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
(name of entity on behalf of,whom record was executed), in the following representative
capacity: �_ (type of authority such as officer or trustee)
stamp) - -
Notary Signature
My Commission Expires:
I leasc, set, -BIe, "Ok-U 6 Atkjuw�tA g—oct-
Water Main Easement Page 2 Version 04/17/2023
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of�LD J
On ���ObeX �� ► 2023 before me �.^:,, �%r n -1 --1 I�� Sri t Vi I I'/.
—�
(insert name and title of the officer)-'
personally appeared �vuyL:c, Aboa+��
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. [1 LORI BRAllILL
Notary Public•California
_ Los Angeles County
Commission N 2347601
,t,� I 1�- -My Comm.Expires Feb 17,2025
Signature `� � (Seal)
GRANTEE: CITY OF MERIDIAN
Robert E. Simison,Mayor 10-24-2023
Attest by Chris Johnson, City Clerk 10-24-2023
STATE OF IDAHO, )
. ss.
County of Ada )
This record was acknowledged before me on 10-24-2023 (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
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EXHIBIT"A"
IN-N-OUT BURGERS,A CALIFORNIA CORPORATION
WATER EASEMENT IN FAVOR OF CITY OF MERIDIAN
BEING A PORTION OF PARCEL"A" OF RECORD OF SURVEY 13558 RECORDED AUGUST02,2022 AS
INSTRUMENT NO. 2022-068728, RECORDS OF ADA COUNTY, BEING A PORTION OF LOTS 2 AND 4,BLOCK 2,
OF THE FINAL PLAT OF CENTERCAL SUBDIVISION, IN THE CITY OF MERIDIAN, COUNTY OF ADA,STATE OF
IDAHO, PER PLAT FILED SEPTEMBER 14, 2012 AS INSTRUMENT NO. 1120941SI IN BOOK 104 OF PLATS AT
PAGES 14163 THROUGH 14167 INCLUSIVE, RECORDS OF SAID COUNTY, DESCRIBED IN THE SPECIAL
WARRANTY DEED TO IN-N-OUT BURGERS,A CALIFORNIA CORPORATION, DBA IN IDAHO AS IN-N-OUT
BURGERS, INC. RECORDED JANUARY 06, 2023 AS INSTRUMENT NO. 2023-000858 OF OFFICIAL RECORDS OF
SAID COUNTY, DESCRIBED AS FOLLOWS:
COM MENCING AT THE SOUTHEAST CORNER OF SAID PARCEL"A"AND A POINT ON THE NORTH RIGHT OF
WAY LINE OF EAST FAIRVIEW AVENUE;
THENCE LEAVING SAID NORTH RIGHT OF WAY LINE ALONG THE EAST LINE OF SAID PARCEL"A"NORTH
00°23'20" EAST 110.57 FEETTO THE TRUE POINT OF BEGINNING OFTHIS DESCRIPTION;
THENCE CONTINUING ALONG THE EAST LINE OF SAID PARCEL"A" NORTH 00'23'20" EAST 10.00 FEET;
THENCE LEAVING THE EAST LINE OF SAID PARCEL"A" NORTH 89'36'40"WEST 12.00 FEET;
TH ENCE SOUTH 00°23'20"WEST 10.00 FEET;
THENCE SOUTH 89°36'40" EAST 12.00 FEETTO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION.
THE AREA OF THIS LEGAL DESCRIPTION CONSISTS OF 120SQUARE FEET.
REFER TO THE EXHIBIT"B" SKETCH CONSISTING OF 1 PAGE ATTACHED HERETO AND MADE A PART HEREOF.
PREPARED BY: �pL LAIVp
MSL ENGINEERING, INC. BENS
MSL JN 21021 ��
10-03-2023 a
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Page 1 of 1
EXHIBIT "B"
M_ERIDIAN CENTERCAL, LLC.
WATER EASEMENT IN FAVOR OF THE CITY OF MERIDIAN OVER
PARCEL "A" OF RECORD OF SURVEY 13558 RECORDED
08-02-2022 AS INSTRUMENT NO. 2022-068728, BEING A
PORTION OF LOTS 2 AND 4, BLOCK 2, OF THE FINAL PLAT OF
CENTERCAL SUBDIVISION, IN THE CITY OF MERIDIAN, COUNTY J
4
OF ADA, STATE OF IDAHO, PER PLAT FILED SEPTEMBER 14,
2012 AS INSTRUMENT NO. 112094151 IN BOOK 104 OF PLATS
AT PAGES 14163 THROUGH 14167 INCLUSIVE, RECORDS OF Lo
SAID COUNTY (i
PARCEL "B" OF M
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SPECIAL WARRANTY DEED TO IN-N-OUT BURGERS, Ar
CALIFORNIA CORPORATON PER INSTRUMENT NO. -10.00'
2023-000858 REC. 01-06-2023 BEING A PORTION OF
PARCEL "A" OF RECORD OF SURVEY 13558 0_ —TPOB
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WATER EASEMENT CONSISTING N vS14,.c OF � �y4, PRARED BYE a
OF 120 SQUARE FEET N 5 G`~�� MSL ENGINEERING, INC.
POC POINT OF COMMENCEMENT
TPOB TRUE POINT OF BEGINNING FOR IN-N-OUT BURGERS, A
FOR
CORPORATION AT THE
LOT NUMBER-CENTERCAL 0 25 50 VILLAGE AT MERIDIAN 1
O SUBDIVISION 3520 E. FAIRVIEW AVE
SCALE; 1"=50' MERIDIAN, ID 83642
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