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Water Main Easement for C4 Land LLC for Citadel 2ADA COUNTY RECORDER Christopher D. Rich 2015-008809 BOISE IDAHO Pgs=7 LISA BATT 02/04/2015 11:37 AM MERIDIAN CITY NO FEE 11111111111111111111111111111111111111 IN I I III III III 00062944201500088090070079 WATER MAIN EASEMENT THIS INDENTURE, made this _day of c - , 20_ - between C4 LAND LLC, the parties of the first part, and hereinafter called the GRANTOR, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTOR 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 GRANTOR, and other good and valuable consideration, the GRANTOR 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 adj acent 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 GRANTOR 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 GRANTOR 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 GRANTOR 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 signatures the day and year first herein above written. GRANTOR: C4 LAND LLC - 1\ Zft-�kl 00-e Z W - V Member 1627 S. Orchard Street, Ste 24, Boise, Idaho 83705 Address STATE OF IDAHO ) : ss. County of Ada ) On this 16 day of January, 2015, before me, the undersigned, a Notary Public in and for said State, personally Jim Conger, known or identified to me to be a Member, respectively, of the corporation that executed the within instrument, and acknowledged 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 first above written. ,sae 1yr1 E J Qs� ,`,,.Q'Q.•ee.......eJ• *i ®o® 0 e e PUB000 •' TE or 19�... •fffOf ftl 1/1/111 NO ARY PUBLIC FOR IDAHO Residing at: a UK Commission Expires: Water Main Easement EASMT WAT 11-15-13.doc GRANTEE: CITY OF MERIDIAN Tammy de W r , Mayor -- :- 9� City of Attest by&ycee L. Holman, City Clerk • .,TpT;LI yo � Approved By City Council On: 4 ' rhe 79E'n5� STATE OF IDAHO, ) : ss County of Ada ) On this —s day of , 20 , , before me, the undersigned, a Notary Public in and for said State, personal l 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. rs (SEAL) . r r *.*Asses NOTAR PU LIC FOR I AHO Residing at: L{CAad t C�11 ( t Commission Expires: )�✓I �C� Y��� k ac a� Water Main Easement EASMT WAT 11-15-13.doe Sawtooth Land Surveying, LLC F. (208) 398-8104 F: (2078) 398 8105 -- 101 Carel 5t., Fmmett, ID 83617 February 16, 2014 Citadel 2 Water Easement Legal Description A parcel of land located in the SWI/4 of Section 21, T. 3 N., R. 1 E., B.M., City of Meridian, Ada County, Idaho, more particularly described as follows; COMMENCTNG at a found aluminum cap marking the W114 corner of Section 21; Thence South 0'00'00" 00 West, coincident with the west line of the SW1/4 of said Section 21, a distance of 196.20 feet to the centerline of the Ridenbaugh Canal; Thence South 68'20'30" East, coincident with said centerline of the Ridenbaugh Canal, 47.60 feet and the beginning of a non -tangent curve; Thence 4.05 feet along the arc of said curve, to the right, and said centerline of the Ridenbaugh Canal, with a central angle of 034'51", a radius of 400.00 feet, subtended by a chord bearing South 68°03'03" East, 4.05 feet, to the easterly right of way line of S. Eagle Road; Thence South 0°00'00" West, coincident with said easterly right of way line of S. Eagle Road, 158.03 feet to the POU1qT OF BEGINNING; Thence North 90°00'00" East, 2.50 feet;. Thence North 0°00'00" East, 6.41 feet; Thence North 90°00'00" East, 15.00 feet; Thence South 0°00'00" West, 6.41 feet; Thence North 90°00'00" East, 895 feet; Thence South 71'15'12" East, 84.84 feet; Thence South 43'00'11" East, 57.56 feet; Thence South 66100'09" East, 119.64 feet; Thence North 90'00'00" East, 98.81 feet; Thence North 51120'25" East, 32.01 feet; Thence North 89°5851 East, 3 1.3 8 feet; P:\2013\13108 -CMG -CITADEL 2\Drawings\Descriptions\13108-CITADEL 2 WATER ESMNT.docx Page 11 Thence South 0°00'00" West, 20.00 feet; Thence South 89°58'51" West, 24.36 feet; Thence South 51°20'25" West, 6.40 feet; Thence South 0°00'00" West, 236.00 feet; Thence North 90°00'00" East, 29.47 feet; Thence South 0100'00" West, 20.00 feet; Thence South 90°00'00" West, 349.47 feet; Thence South 0°00'00" West, 36.56 feet to the north boundary of a shared access easement per Inst. No. 105053542, Ada County Records; Thence North 89107'40" West, coincident with said access easement, 20.00 feet; Thence North 0°00'00" East, 56.25 feet; Thence North 90°00'00" East, 79.99 feet; Thence North 0'01'12" East, 20.04 feet; Thence North 90°00'00" East, 20.00 feet; Thence South 0°01'12" West, 20.04 feet; Thence North 90°00'00" East, 220.01 feet; Thence North 0°00'00" East, 220.00 feet; Thence South 90100'00" West, 110.07 feet; Thence North 66°00'09" West, 98.46 feet; Thence South 90°00'00" West, 33.00 feet; Thence North 0°02'36" West, 18.50 feet; Thence North 43100'11" West, 48.01 feet; Thence North 71°21'34" West, 76.22 feet; Thence South 90°00'00" West, 23.17 feet to said easterly right of way line of S. Eagle Road; P:\2013\13108 -CMG -CITADEL 20rawings0escriptions\13108-CITADEL 2 WATER ESMNT.docx Page 12 ICO Thence North 0*00'00" East, coincident with said easterly right of way line of S. Eagle Road, 20.00 feet to the POINT OF BEGINNING. The above described parcel contains 0.515 acres more or less. Together with and subject to covenants, easements and restrictions of record. Carl Porter, PLS End Description P:\2013\13108 -CMG -CITADEL 2\Drawings\Descriptions\13108-CITADEL 2 WATER ESMNT.docx Page 13 11 u e�,CR fElF., :1 ct POINT or BE Z, ip J. LINE TABLE ,A PL LA G F- 61 11 Nma 14221 � �-q �Pvk�� se. oil 1 4 sow . or Q5f5A.1 tts 34947' L14 CURVE TABLE r Ci6)fjA�Rbl �IEEII-Tll s 58.03,03- E 4.E15' NTS PROJECT. OMERIDEVELOPER.- A�AiNk 101 CANAL ST DWG# CITADEL 2 C13 EMMETT, ID 83617 LL3108 WATER EASEMENT P: (208) 398-8104 EEL PROJECT# W oo/ F.' (208) 398-8105 13108 / SHEET DATE: 1/16/2015 qrr WWW.SAWTOOTHLS.COMI 1 of