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Home My WebLink AboutHoliday Inn Express ESMT-2023-0094 (2025-004286) Project Name(Subdivision): Holiday Inn Express Water Main Easement Number: Identify this Easement by sequential number if Project contains more than one Water Main easement. ADA COUNTY RECORDER Trent Tripple 2025-004286 (See Instructions for additional information). BOISE IDAHO Pgs=5 VICTORIA BAILEY 01/22/2025 03:15 PM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2023-0094 WATER MAIN EASEMENT THIS Easement Agreement, made this 21 st day of January , 20 25 between Hotel Developers-Meridian HIx,LLC ("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, it's 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 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 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 Water Main Easement Version 01/01/2020 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: Hotel Developers-Meridian HIX, LLC STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on 0 Vo 5113 (date) by Rusty Landon (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 Hotel Developers-Meridian MIX,LLC (name of entity on behalf of whom record was executed), in the following representative capacity: Manager (type of authority such as officer or trustee) (stamp) �— Notary Sifnature CLINT JOLLEY My Commission Expires: 1 30 2-oz4 Notary Public-State of Idaho Commission Number 20230423 My Commission Expires Jan 30,2029 Water Main Easement Version 0 1/0 1/2020 GRANTEE: CITY OF MERIDIAN Robert E. Sim on ayor 1-21-2025 � SEAL Attest by diris Johnson, City Clerk 1-21-2025 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 1-21-2025 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Cha&YcWaj� CHARLENE WAY Notary Signature COMMISSION No. 67390 My Commission Expires: 3-28-2028 NOTARY PUBLIC STATE OF IDAHO Water Main Easement Version 01/01/2020 EXHIBIT A 20' WATER METER EASEMENT Part of the NW X SE%Section 17 Township 3 North Range 1 East B.M. Ada County, Idaho described as: Commencing at the Southwest corner of Block 1 Lot 23 of Amended Magic View Subdivision Bk.52 Pgs. 4445-4446 to a non-tangent curve;Thence, Northeasterly 44.57 feet, along said curve to the right (Curve Data= Delta: 00°41'45", Radius: 3669.72 feet, chord bearing N 550 27' 53" E 44.57 feet)to the Point of Beginning;Thence, N 340 40'59"W 60.81 feet;Thence, N 55° 19'01" E 20.00 feet;Thence, S 340 40' 59" E to the Southerly line of said subdivision 60.68 feet to a non-tangent curve;Thence, along the Southerly line of said subdivision,Southwesterly 20.00 feet, along said curve to the right (Curve Data= Delta:00° 18'44", Radius: 3669.72 feet, chord bearing S 540 57' 39"W 20.00 feet)to the Point of Beginning. Easement contains 0.03 acres more or less. _ �a\jN�,L LANp SG % %. .ISTfRF 4►� o � < 1 571 61y10 �rE OF `'o exenx0. DRAYAISY MIGNSY CHSDASY EXHIBIT A sJ HLE CGS INNTRUSTED LLC MERIDIAN CNO '°°"° EE2090 EI41�\ MATERIAL8 TCOTINOL&LAND SUM EYING DATE' dune2.2023 101 S.Park Avenue,Idaho Falls,ID 83402,(208)524-0212 SEC.17,T.3 N.,R.1 E.B.M. REV181M °ATE 800 W.Judkdel Street,Blackfoot ID 83221,(208)785 2977 hlelmoom a 2 Raan ADA COUNTY,IDAHO COPYRIGHT®2021 HLE ALL RXWS RESERVED. LEGEND EXHIBIT B Section Corner Control LOT 1, BLOCK 1 Placed 1/2"X 24" Iron rod with cap marked I P.L.S. 12224 Found Iron Rod as shown Found 5/8" Iron Rod AMENDED MAGIC Marked P.L.S. 11120 VIEW SUB P.O.B. BLOCK 1 LOT 23 610 .00, N 55019'01"E 20.00' �PA10 S 34040'59" E 60.68' 2 ° 0=0°1844" 1"=50' 60 os R=3669.72' pl LqN c9� c9� L=20.00' �i`'\ON \Stf O�G4► P.O.B. LC=20.00 G 44, A=0°41'45" S54057'39"W c R= 3669.72' d 1 571 L =44.57' LC=44.57 10O�rE of \op� N55027'53"E Found 5/8" Iron Rod (P.O.B.) Z2- GMYMSY MEMO EIECKaY EXHIBIT B e, HLa cos CIVIL&STRUCTURAL ENGINEERING INNTRUSTED LLC MERIDIAN 2020-M � MATERIALS TESTING 6, LA NO SURVEYING DATE- JOS a 2022 101 S.Park Avenue,Idaho Falls,ID 83402,(208)524.0212 SEC.17,T.3 N..R.1 E.B.M. REVIBIM 0A1E ® ® 800 W.Judicial Street,Blackfoot,ID 83221,(208)785.2977 I ADA COUNTY,IDAHO - COPYRIOHT®207t HLEAtI RHi11T8 RESERVED.