Adler Industrial Project Green Water Main Easement ESMT-2023-0159 (2024-001505) ADA COUNTY RECORDER Trent Tripple 2024-001505
Project Name(Subdivision): BOISE IDAHO Pgs=5 VICTORIA BAILEY 01/10/2024 09:53 AM
Adler Industrial Project Green CITY OF MERIDIAN, IDAHO NO FEE
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Water Main Easement Number:
Identify this Easement by sequential number ifProject contains
more than one Water Main easement.
(See Instructions for additional information).
ESMT-2023-0159
WATER MAIN EASEMENT
THIS Easement Agreement, made this 9th day of January 2024 1 between Adler AB Owner XXI,
LLC, a Delaware limited liability company ("Grantor"), and the City of Meridian, an Idaho Municipal
Corporation("Grantee");
WHEREAS, the Grantor desires to provide a water main easement 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 an easement for the operation and maintenance of underground 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 underground
water mains and their allied underground 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 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
Water Main Easement Page 1 Version 04/17/2023
Grantee's use of said easement, including, but not limited to, buildings, trash enclosures,
carports, sheds, fences,trees, or deep-rooted shrubs. Grantor shall be allowed to place parking
areas, drive aisles, curbs, gutters, and sidewalks in the easement area.
THE GRANTOR covenants and agrees with the Grantee that should any part of the easement
hereby granted shall become part of, or lie within the boundaries of any public street, then, to
such extent, such 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:
dler AB O er X I,L C
STATE OF IDAHO )
) ss
County of Ada )
This record was acknowledged before me on October 23, 2023, by Richard S. Gable on behalf
of Adler AB Owner XXI, LLC, a Delaware limited liability company, in the following
representative capacity: Vice President.
(stamp) l
JANA LYNNE JONES Notary Signature
Notary Public-State of Idah]2029
�j , Z0 29
Commission Number 202339 My Commission Expires:
My Commission Expires Sep 25,
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GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor 1-9-2024
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Attest by Chris Johnson, City Clerk
1-9-2024
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STATE OF IDAHO, )
. ss.
County of Ada )
This record was acknowledged before me on 1-9-2024 (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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EMIMIT A
WATER LINE EASEMENTS
SITUATED LOTS 2 AND 3,BLOCK 1,CHEWIE SUBDIVISION
IN THE SW'/4 OF SECTION 11,T.3 N.,R. 1 W.,B.M.,
CITY OF MERIDIAN,ADA COUNTY,IDAHO
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A 20 foot wide easement situated in Lot 2,Block 1,of Chewie Subdivision,a recorded subdivision on file
in Book 122 at Pages 19282 through 19286,records of Ada County,Idaho,in the Southwest'/4 of Section 11,
Township 3 North,Range 1 West,Boise Meridian,City of Meridian,Idaho,being 10 feet each side of the following
described centerline:
Commencing at the southwest comer of said Lot 2,Block 1 of Chewie Subdivision,from which the
southeast comer of said Lot 2,bears South 89109'12"East 225.46 feet;
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thence along the southerly boundary of said Lot 2,being also the northerly right-of-way of West Franklin
Road South 89°09'12"East 129.00 feet;
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thence leaving said southerly boundary and northerly right-of-way North 015048"East 45.00 feet to the
northerly boundary of that City Of Meridian sanitary sewer and water easement recorded as Instrument r
Number 113038359,records of Ada County,Idaho,and the POINT OF BEGINNING;
thence continuing North 0°50'48"East 11.00 feet to the POINT OF TERMINUS.
AND ALSO:
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A 20 foot wide easement situated in Lot 3,Block 1,of Chewie Subdivision,a recorded subdivision on file
in Book 122 at Pages 19282 through 19286,records of Ada County,Idaho,in the Southwest'A of Section 11,
Township 3 North,Range 1 West,Boise Meridian,City of Meridian,Idaho,being 10 feet each side of the following
described centerline:
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Commencing at the southwest corner of said Lot 3,Block 1 of Chewie Subdivision,from which the
southeast corner of said Lot 3,bears South 89°09'12"East 225.46 feet;
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thence along the southerly boundary of said Lot 3,being also the northerly right-of-way of West Franklin
Road South 89°09'12"East 173.55 feet;
thence leaving said southerly boundary and northerly right-of-way North 0'50'48"East 49.00 feet to the
northerly boundary of that City Of Meridian sanitary sewer and water easement recorded as Instrument
Number 113038358,records of Ada County,Idaho,and the POINT OF BEGINNING;
thence North 10'09'12"West 29.87 feet;
thence North 0'50'48"East 118.00 feet; Sa 50
thence North 44'09'12"West 89.00 feet;
thence North 0'50'48"East 44.00 feet;
thence North 10109'12"West 54.75 feet; ��
thence South 79'50'48"West 45.00 feet to the POINT OF TERMINUS.
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533-02.doc Page 1 of 1
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EXHIBIT B
PLAT TO ACCOMPANY LEGAL DESCRIPTION
FOR WATER LINE EASEMENTS - -
SITUATED IN LOT 2 AND 3 BLOCK 1
CHEWIE SUBDIVISION
SECTION 11 I
T3N R1 W BM
NOT TO SCALE CITY OF MERIDIAN, ADA COUNTY, IDAHO
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t— CITY OF MERIDIAN —
SANITARY SEWER (�
LINE TABLE I AND WATER EASEMENT Q
INSTRUMENT NO, 2021--173038 _ n
- /--N 0'50'48" E=L`� L3 �\
LINE LENGTH BEARING
O
-118.00' —
L1 45.00' N 0'50'48" E I I 46OO��� l- --
O
L2 11.00' N 0.50'48" E j L6-----L5-
13 49.00' N O 50'48" E
1 J CITY OF MERIDIAN -
L4 29.87' N 10 09'12" W SANITARY SEVER
I AND WATER EASEMENT I
1-5 44.00' N 0 50'48" E W I INSTRUMENT NO. 1130.38358
I L6 54.75 N 10*09'12" W
L1 45.00' S 79'50'48" W o ` u
I C H E W I E S U B D I V I S 1 0 N -Il-to 3
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CITY OF MERIDIAN (N �
SANITARY SEWER I tO
AND WATER EASEMENT `
I I INSTRUMENT NO. 113038359 QI
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LPL LAND
TER�o G�
78 I BLOCK 1
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