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Water Main Easement with Hot 2, LLC for Scentsy North Phase 1ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 ' BOISE IDAH010126/11 11:28 AM DEPUTY Bonnie Oberbillig III IIIIIIIIII'I'lllllll'IIIIIIII'I'11 RECORDED-REQUEST OF Meridian City i i i EiE#67~E1 WATER MAIN EASEMENT THIS INDENTURE, made this ~~ay of J ,rte, 20~between ~e~' 9.. LLC_ ,the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada C uno ty, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire 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 an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Granteetheright- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, 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, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, 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 GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree 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. Water Main Easement EASMT WTR THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties ofthe first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Member `~~R ~ I-G~.~.a~t~k- IMF,-YtGGtu-e1,-~) Address ~~~ Se STATE OF IDAHO ) ss County of Ada ) On this ?,~ S day of 'I~-~~~~-s2~ , 20i1, before me, the undersigned, a Notary Public in and for said State, personall ~ appeared -~ ~ (~~yi (~ ~usv~~ri-~-~- and N ,known or identified to me to be the ~t &~' respectively, of the corporation that executed the within instrument, and ac~~n wedged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. _- ~~/ a NOTARY PUB WOK; AHO Residing at `~ ~ .~=j~ Commission Expires: ~- - ~~/ - Water Main Easement EASMT WTR (3) GRANTEE: CITY OF MERIDIAN ~ap,4BD AUCL~ 04~ 3~ '~~ c~~y of Tammy de erd, Mayor E IDR ~ IDANO °~o SEAL s ~ ~ r6P °I ~d a TR! A6up~~ est by cee L. Holman, City Clerk Approved By City Council On: ® a~_ Q~~ STATE OF IDAHO ) ss County of Ada ) On this ~_~ day of ~,~~t~/ , 20~_, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. •.....~ .•'~E5S~c~•• ;- ~ . ' I1O~9'O ~ ~x• (~ ,~ ,rte: i~~ L ~ ~ ~•; UAHO •' . •.....• . ~ . ~ r' TARY PUB IC FO AHO Residing at: MPG/ 1x11 a.~l ~ I h Commission Expires:~o a. h y ; .~c ~~Q.. Water Main Easement EASMT WTR (3) Page 1 of 3 December 22, 2010 EXHIBIT "A" Water Main Easement For Scentsy Distribution Area Project No. 23213 A ten foot wide strip of land located in the N1/2 of the SEl/4 of Section 8, T.3N., R.lE., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the East 1/4 corner of said Section 8, said corner bears South 89°39'03" West, 2615.02 feet from the center of said Section 8; thence along the North line of said SE1/4 South 89°39'03" West, 1372.30 feet; thence South 0°20'57" East, 109.00 feet to the REAL POINT OF BEGINNING. Thence South 0°20'57" East, 118.81 feet; Thence South 54°38'52" West, 54.69 feet; Thence South 0°03'42" West, 24.96 feet; Thence South 52°24'01" East, 85.17 feet; Thence North 69°53'53" East, 12.90 feet; Thence South 20°06'07" East, 10.00 feet; Thence South 69°53'53" West, 13.33 feet; Thence South 20°06'07" East, 44.79 feet; Thence North 69°53'53" East, 15.89 feet; Thence South 89°56'18" East, 6.89 feet; Thence South 28°15'13" East, 11.36 feet; Thence North 89°56'18" West, 10.50 feet; Thence South 69°53'53" West, 14.11 feet; Thence South 20°06'07" East, 56.75 feet; Thence South 0°03'42" West, 83.64 feet; Thence South 89°56'18" East, 15.00 feet; Page 2 of 3 Thence South 0°03'42" West, 10.00 feet; Thence North 89°56'18" West, 15.00 feet; Thence South 0°03'42" West, 254.88 feet; Thence North 88°55'23" West, 10.00 feet; Thence North 0°03'42" East, 53.48 feet; Thence North 89°56'18" West, 30.00 feet; Thence North 0°03'42" East, 10.00 feet; Thence South 89°56'18" East, 30.00 feet; Thence North 0°03'42" East, 28.00 feet; Thence North 89°56'18" West, 67.00 feet; Thence North 0°03'42" East, 16.34 feet; Thence South 89°56'18" East, 10.00 feet; Thence South 0°03'42" West, 6.34 feet; Thence South 89°56'18" East, 57.00 feet; Thence North 0°03'42" East, 245.08 feet; Thence North 20°06'07" West, 117.55 feet; Thence North 52°24'01" West, 86.39 feet; Thence North 0°03'42" East, 17.46 feet; Thence North 89°56'18" West, 531.98 feet; Thence North 0°03'42" East, 10.00 feet; Thence South 89°56'18" East, 74.98 feet; Thence North 0°03'42" East, 18.65 feet; Thence South 89°56'18" East, 10.00 feet; Page 3 of 3 Thence South 0°03'42" West, 18.65 feet; Thence South 89°56'18" East, 262.06 feet; Thence North 0°03'42" East, 18.97 feet; Thence South 89°56'18" East, 10.00 feet; Thence South 0°03'42" West, 18.97 feet; Thence South 89°56'18" East, 174.94 feet; Thence North 0°03'42" East, 7.58 feet; Thence North 54°38'52" East, 54.64 feet; Thence North 0°20'57" West, 113.61 feet; Thence North 89°39'03" East, 10.00 feet to the Point of Beginning. r:,~ ~ Z. Z.3-155 ~;~ f~.~ EX N I B ~T "B" E. PINE AVENUE ®~ - - - - - - N89'39'03"E 598.17' I N44'S1'22°E 28.39' 1 I i ______ ~~ __________ 1 I ------J L----------a®~~~_r~r®r®r®rr ~ ~ I I n I CV 1 w 1 M O Q O 1 z i N NTS DISTRIBUi10M CENTER 589'39'03'1V 2615.02' 1~4 CNTR i/4 1242.72' 7372.30' SS~S9 S00'20'S7"E 109A0' .-® -I 1 1~1 I~g I i~~ 1 to I I In L ~ I ~ P.O.E3 ~ P„ I i to 1 ! 1 ~' MATER -.WN EA5EMENT. ~~'•) ~~ lL Z3~to ~ ~~ ~ ~ ' ~'` ~ r '~;~ x ~ REVISIONS: N44'25'50°lV 28.53' i ; ; S03'51'41 "E 47.89' ~f 1 1 I 1 / ~ r 1 j j I j it ~ i ~. ~, j 1 1~ 1 1 I~ . it M r~.-----~ 1 1 Q 1.-_____.~ 1 I~ 503'11'07'E 29.01' 08'02'51'1'! 34.69` 0 c» S28'15'13"E 34.85' ,S00'03'42'14 24.00'