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TM Crossing Subdivision No. 1 Water Main Easement #2ADA COUNTY RECORDER Christopher D. Rich 2017-051908 BOISE IDAHO Pgs=5 LISA BATT 06/08/2017 12:49 PM CITY OF MERIDIAN, IDAHO NO FEE WATER MAIN EASEMENT THIS INDENTURE, made this /�' day of May, 2017, between SCS Investments LLC, an Idaho limited liability company and Brighton Investments LLC, an Idaho limited liability company, as tenants in common, and Ten Mile Crossing Inc., an Idaho corporation, 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 malting 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 REV, 08/15/16.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 signatures the day and year first herein above written. GRANTOR: nvestments LL By Steven C. Smith, Manager STATE OF IDAHO ) . ss. County of Ada ) nigh on Investment LLC By David W. Turnbull, Manag' g Me er Ten Mile Crossing Inc. By David W. Turnbull, President On this day of May, 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared Steven C. Smith, known or identified to me to be the Manager of SCS Investments LLC, and David W. Turnbull, known or identified to me to be the Managing Member of Brighton Investments LLC, and the President of Ten Mile Crossing Inc., respectively, and that the limited liability companies and corporation executed the within instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written, ND A R: YPI AMANDA .OTARY PUBLICSTATE OF IDAHO NO QA.RY PUBLIC F R IDAO� Residing at: Commission Expires: 15 20 ?,--2--, Water Main Easement REV. 08/15/16.doc GRANTEE: CITY OF MERIDIAN Tflffeii Xtell C),) Attes y C, Coles, City Clerk / / Approved By City Council On: 1lel�l STATE OF IDAHO, ) : ss s�qL "0400�/ County of Ada ) On this lD day of , une— —,20 LI—, before me, the undersigned, a Notary Public in and for said State, personally appeared nd C,Jay Coles, known Cm M, C to me to be the�and City Clerk, respectively, of the City of Meridian, Idaho, and who Pz` 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. •••0.0066040••• ti�NE �•. 07 ■ • •ovr��.• Du-�=l.(Ja�L NOTARY PU`��FOR IDAHO jdg-kj Residing at: , Commission Expires: 3'a8'a aP- Water Main Easement REV, 08/15/16,doe CITY OF MERIDIAN WATER LINE EASEMENT No. 2 DESCRIPTION FOR TM CROSSING SUBDIVISION The following describes a Parcel of Land for the purpose of a City of Meridian Water Line Easement being a Portion of the SW 1/4 of Section 14, Township 3 North., Range 1 West,, BM., City of Meridian, Ada County, Idaho and being more particularly described as follows: COMMENCING at the West 1/4 Corner of Section 14, Township 3 North., Range 1 West., BM., being Monumented with an Aluminum Cap; From which, the Southwest Corner of said Section 14 bears, South 00°30'10" West, 2659.45 feet which is being monumented with a Found Aluminum Cap; Thence, South 59°27'03" East, 1620.92 feet to the POINT OF BEGINNING: Thence, South 89°11'04" East, 1074.34 feet to a point; Thence, North 45°48'56" East, 34.39 feet to a point; Thence, South 46°07'51" East, 120.79 feet to a point; Thence, South 89°44'45" East, 65.34 feet to a point on the North-South Center of -Section Line of said Section 14; Thence along said North-South Center of Section Line, South 00°35'28" West, 25.00 feet to a point; Thence leaving said North-South Center of Section Line, North 8904445" West, 76.20 feet to a point; Thence, North 46007'51" West, 106.63 feet to a point; Thence, South 45°48'56" West, 20,58 feet to a point; Thence, North 89°11'04" West, 1084.69 feet to a point; Thence, North 00048'27" East, 25.00 feet to the POINT OF BEGINNING: Said Parcel of Land contains 0.74 Acres (32,274 Sq. Ft) more or less. Lawrence H. Koerner, PLS 8251 Timberline Surveying 847 Park Centre Way, Suite 3 Nampa, Idaho 83651 (208) 465-5687 A LA, X 41 16006 TM Water Line E=asement No.2 Description.doo nage 1 7/06116 ().dp(o � N c � it a g Oo C� o ➢ R O BASIS 8F BEARING . �800°30'1 QV - 2&59.45' --,rT.v i !CPO F'ROfi�.sS z I I � D C3 z 00 N w S z CD nm X C7 A p -a r— �I tn�Z (/) II II II z �z M 0 z UD (D m �CITI�7 2 Z . o.. Z ... z N BASIS 8F BEARING . �800°30'1 QV - 2&59.45' --,rT.v i !CPO F'ROfi�.sS z I I � C3 z 00 N w z CD Q �I II II II z m I� I o N Q0 I I :2 fil C3 z z Q