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Water Main Easement with SDN, LLC for Tradewinds Subdivision ADA COUNTY RECORDER Christopher D. Rich 2014-068085 BOISE IDAHO Pgs=5 BONNIE 08/21/2014 01:59 PM MERIDIAN CITY NO FEE 111 111111111 II 11111111111 III 111 111 111111 111 1I 1 III 00013731201400680850050050 WATER MAIN EASEMENT THIS INDENTURE,made this 31 day of July,2014,between SDN,LLC,the parties of the first part,and hereinafter called the GRANTORS,and the City of Meridian,Ada County,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 GRANTEE the right-of-way for an easement 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, repair, replacement and subsequent connection 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,performing maintenance,replacements or subsequent connections to the water mains,GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such procedures. 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. Water Main Easement EASMT WAT 11-15-13.doc 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. 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 of the first part have hereunto subscribed their si_na es the day and year first herein above written. GRAt1 ' O ' I) Don Newell, Member SDN, LLC 607 Sherington Drive Eagle, ID 83616 STATE OF IDAHO ) : ss. County of Ada ) • On this 3( day of July,2014,before me,the undersigned,a Notary Public in and for said State, personally Don Newell, known or identified to me to a Member of the LLC that executed the within instrument,and acknowledged to me that such LLC executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year first above written. �0•••.••••••,.. . 0 ALLA (SEAL) /(......../ ' p\ NO ARY P ELIC FOR IDAHO TAk), Residing at: -iul.{ .� Commission Expires: `�' t•(`� \pose UBLIC 0 e THOF ��P���o 'r•••••••u••a Water Main Easement EASMT WAT 11-15-13.doc GRANTEE: CITY OF MERIDIAN T. e Weerd, Mayor ���®����l9�`'1sT'r City of I_:41011C.. E IDIAN _... './,'l.�'��-a V lT a IDAHO 4'44.`1.1 ki,e ;11 Atte •y ,ayce: L. ,.lman, City Clerk 0� Sr: Approved By City Council On: 1 STATE OF IDAHO, ) : ss County of Ada ) On this '()\ day of 7 c , 20 1 1 ,before me,the undersigned, a Notary Public in and for said State,personally appeared Tammy de Weerd and acc--dor S 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. /(1).2-7/(-(1--e_-/ 1 j 0 0 (S •` Y Re ••. NOTARY PUB I FO'- DAHO ••` pT4 4i .�p% Residing at:,( 77� - �- Vit• Commission Expires: 7pir 0 : '• OF '.DPW• Water Main Easement EASMT WAT 11-15-13.doc , km ENGINEERING 9233 WEST STATE STREET I BOISE, ID 83714 I 208.639.6939 I FAX 208.639.6930 July 31, 2014 Project No.: 12-072 EXHIBIT A LEGAL DESCRIPTION FOR WATER EASEMENT An easement for the purpose of access and maintenance of a water main situated in a portion of Lot 2, Block 1 of Tradewinds Subdivision Phase 1 and a portion of the Northwest 1/4 of the Northwest 1/4 of Section 29,Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho and being more particularly described as follows: Commencing at a 5/8-inch rebar marking the Northwest corner of said Section 29,thence along the northerly line of said Section 29, S89°34'31"E a distance of 390.22 feet to a point,from which an aluminum cap marking the North 1/4 corner of said Section 29 bears S89°34'31"E a distance of 2,290.46 feet; Thence leaving said northerly line,S00°14'19"W a distance of 43.50 feet to a point on the southerly right-of-way line of East Victory Road and marking the POINT OF BEGINNING; Thence S00°14'19"W a distance of 123.50 feet to a 5/8-inch rebar marking the northwest corner of said Lot 2, Block 1; Thence following the northerly line of said Lot 2, Block 1, S89°34'31"E a distance of 9.00 feet to a point; Thence leaving said northerly line, S00°14'19"W a distance of 15.70 feet to a point on the northerly right-of-way line of E. Fathom Drive; Thence following said northerly right-of-way line, N89°45'43"W a distance of 20.00 feet to a point; Thence leaving said northerly right-of-way line, N00°14'19"E a distance of 138.95 feet to a point on the southerly right-of-way line of East Victory Road; Thence following said southerly right-of-way line, N88°48'22"E a distance of 11.00 feet to the POINT OF BEGINNING. Said parcel contains 1,671 square feet, more or less, and is subject to all existing easements and/or right-of-way of record or implied. cols I•ANd Attached hereto is Exhibit B and by this reference is made a part hereof. .55 %Cs . :',,fit- ►A di _ 4- • '-. 6'-.i. a ,1, 124590 2 '99 OF . (14'L . BAtiyA 7 . 2,I 701 q ENGINEERS ( SURVEYORS I PLANNERS www.kmengllp.com ___\/\_ E. Victory Rd. 20111 _S89'34'31"EA 2680.68' _ _ 20 _ 30 29 POINT OF 390.22' 2290.46' 29 COMMENCEMENT NW CORNER S00'14'19'W SECTION 29 25.00' S00'14'19''W N88'48'22"E - 18.50' 11.00' - - AAI INT OF BEGINNING NG PROPOSED 11' 120' WATER EASEMENT Oro P0 IS?) I EXISTING 9' WATER Proposed 6 `EASEMENT PER INST. p No. 113113730 Tradewinds Subdivision Unplatted Phase 2 31.8 O lw Z Lot 2, Block 1 0 • 589.34'31"E Tradewinds 9.00' Subdivision"� 2N08.90045'54030T4�J 1 —R/W I---15.70' / A R/W R/W"— Phase 1 E. Fathom Street a 0 0 V 0 20 40 80 120 LEGEND —immim 41, SECTION CORNER Plan Scale © 5/8-INCH REBAR 5 A CALCULATED POINT a R/W RIGHT-OF-WAY LINE m — — PARCEL BOUNDARY LI — — ADJACENT BOUNDARY PROPOSED EASEMENT LINE w — — EXISTING EASEMENT LINE g w ENGINEERING — SECTION LINE W W WATER MAIN a ENGINEERS.SURVEYORS.PLANNERS 9233 WEST STATE STREET oN BOISE,IDAHO 83714 PANE(208)8 639-6939) 6396 30 FAX EXHIBIT B X DATE: 7-31-2014 VICTORY ROAD AND LOCUST GROVE, MERIDIAN, ID a PROJECT: 12-072 SHEET: WATER EASEMENT 1 OF 1 SW 1/4 OF SW 1/4 SECTION 29, T3N, R1E, BM, CITY OF MERIDIAN