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77-Acre Property Termination of Well Share Agreement with MurgoitioADA COUNTY RECORDER Christopher D. Rich 2016-062221 BOISE IDAHO Pgs=5 BONNIE 07/13/2016 12:33 PM MERIDIAN CITY NO FEE IIIIII'III II(I III'I'IIII111111II II 111111 IIIII 1111 00247346201600622210050066 TERMINATION OF WELL SHARING AGREEMENT AND RELEASE OF EASEMENT I WHEREAS, by agreement dated May 15, 2009, and recorded as Instrument Number 109056419 of the records of Ada County, State of Idaho, L & G Murgoitio, LLC ("Murgoitio") and the City of Meridian ("City") agreed to share a well owned by Murgoitio; and City was granted a pipeline easement over the Murgoitio Property legally described in Exhibit A, attached hereto and incorporated herein; and City was also granted a well access easement over and across the real property legally described and visually depicted on Exhibits B and C, attached hereto and incorporated herein. WHEREAS, the parties no longer desire to share Murgoitio's well, and the continuance of the easements is no longer necessary or desirable. NOW, THEREFORE, in consideration of the premises, the Parties do hereby terminate the Well Sharing Agreement and said City of Meridian does hereby release and abandon the said rights and easements hereinabove referred to and described, with the intent that the same shall forthwith cease and be extinguished. The parties agree that all obligations under the Well Sharing Agreement have been performed and that no payments are due to either party. IN WITNESS WHEREOF, the Parties have caused these presents to be executed by its proper officers thereunto duly authorized this _ day of March, 2016. L & G MURGOITIO, LLC By CITY OF MERIDIAN `�Go�4oRArEano�,Gs�� By QtV Tammy er , or y l~ THAN i (4gHo ATTE City Clerk STATE OF IDAHO ) : ss County of Ada ) /J On this day of £dlarct�; 2016, before me, a Notary Public, personally appeared (Sot identified to me to be a of L & G Murgoitio, LLC, who executed the instt ment of behalf of said LLC, and acknowledged to me that such LLC executed the same. IN WITNESS WHEREOF, I have hereunto and year in this certificate first above written. (SEAL) SUZETTE MORRIS �t 1 NOTARY PUBLIG� siding at: STATE OF IDAHO mmissior STATE OF IDAHO ) my hand and affixed my official seal the day expires: ss County of Ada ) `� JkANg On this day of June, 2015, before me, a Notary Public, personally appeared Tammy de Weerd and , know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL). •• • • C.!4 ••••. • - y, • .l, of o, h PA ` 40 Notary Pu6lic—for Idaho Residing at: Commission expires: EXHIBIT A M RGOITIO PROPERTY PARCEL I (Parcel 0902); A parcel of land being a portion of the North half of Section S, Township 2 Noah, Range 1 East of the Boise Meridian, Ada County, Idaho being more particularly described as follo%�: Commencing at the Northwest corner of Section 5, Township 2 North, Range 1 East, Boise Meridian, thence South 89 degrees 57'42" East 2663.77 feet to the Northwest comer of the Northeast quarter of the REAL POINT OF BEGINNING of this description; thence South 89 degrees 5710" East 287,50 feet along the North he of the Northeast quarter to a point; thence South 00 degree 00'00" East 104.38 feet to a point on the centerline of the Farr Lateral; Along the centerline of the Farr Lateral the following; thence South 69 degrees 12'36" East 194.76 feet to a point of curvature; thence 153.61 feet along a curve to the right; said curve having a radius of 200,00 feet, a central angle of 44 degrees 00'19", a tangent of 80.82 feet and a chord of 149,86 feet which bears South 47 degrees 12'26" East 149,86 feet to a point of tangency; thence South 25 degrees 12'171" East 135.17 feet to a point; thence South 22 degrees 30'27" East 1518.71 feet to a point; thence South 50 degrees 00'(10" East 27,38 feet to a point; thence South 00 degree 22'36" East 32.24 feet to a point; thence North 64 degrees 59'21" West 64.46 feet to a point; thence North 46 degrees 02102" West 379,56 feet to a point; thence South 68 degrees 36'36" West 694.84 feet to a point; thence South 43 degrees 00'19" West 108,41 feet to a point; thence North 78 degrees 30'(3" West 191.66 feet to a point on the West line of the Northeast quarter; thence North 00 degree 01' l 8" East 1854,47 feet to the REAL POINT OF BEGINNING, EXHIBIT B An access easement located in the NW114 of the NE114 of Section 5,128, R.1 E,, B,M,, Ada County, Idaho more particularly described as follows: BEGINNING Che N114 comer of said Section 5 from which the E1116 comer of said Section 5 bears South 89°56'46" East, 1329,60 feel; thence along the North boundary line of said Section 5 South 89°564" East, 15.00 feet; thence leaving said North boundary line South 00°01'18' West, 40,75 feet to the beginning of a curve to the lett; thence along said curve 12,11 feet said curve having a radius of 10,00 feet, a antral angle of 69°22'29° and a long chord of 11.38 feet which bears South 34°397 East; thence South 69°21'11' East 105,80 feet, thence South 20°38'49" West, 15,00 feet; thence North 69°21'11° West, 123,10 feet to a point on the North-South centerline of said Section 5; thence along said Nofibuth centerline Not 00°01'18° East, 58.07 feet to the POINT OF BEGINNING. EXHIBIT C Depiction of Easement S 20 bo 0 10 40 120 SCALE: 1 " = 40' 1/4 S 32 W. LAKE HAZEL ROAD S 89'56'48" E 1329.60' ol„� �S rro R,1 En IWELL Ag, ESS \ RR Cq h () N c> EASEMENT �RA� r,`` ��� S sg27•1/ 'E �ra W I 1 y 6��_ \ 105 8p O_ Li v ! L&G MURGOITIO h a F— CC CC ¢ I I LEGEND O rw raa ---------------------------- w❑ CURVE TABLE Curve I Rodius Pln9 Chord Oiet. or rg. Delta Cl 10.00 12.11 11.38 34'39' 7" E1 /16 S 32 S 5 FOUND 5/8" IRON PIN FOUND BRASS CAP MONUMENT SECTION UNE TOP OF BANK EASEMENT UNE WATER WELL