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Citadel #3 Water EasementADA COUNTY RECORDER Christopher D. Rich 2017-113224 BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 11/28/2017 11:06 AM CITY OF MERIDIAN, IDAHO NO FEE THIS INDENTURE, made this 2- day of �(Vln (2017 between Skyline Boise 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 waterline 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 REV. 08/15/16,doe 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: Ptesidwt- M61v)W/- C/ Address STATE OF IDAHO ) : ss. County of Ada On this Z day of dNem be l-' , 20 -1-1, before me, the undersigned, a Notary Public in and for said State, personally appeared ArKL4 Xt—/1eZtj an& AVA known or identified tone to be the -.x s' &-cretary, respectively, of the corporation that executed the within ins1=A'trr=d aelmowledged 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. Ig D. MEYER ATE N "TAR PUBLIC STATE OF IDAHO 1!9r] Water Main Easement NOIARY PUBLIC FOR IDAHO Residing at: NAC.4- 660 (IL bA Commission Expires: 2o;. 1.02, REV. 08/15/16.doe GRANTEE: CITY OF MERIDIAN EkIDIAN LpAMO Tammy de Weerayor 6/M SEAL e TRE y C. Coles, City Clerk Approved By City Council On: - // / d-(e;bl 7 STATE OF IDAHO, ) : ss County of Ada On this � day of N)Ug, 20 -LT-, before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and C. Jay Coles, 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. Water Main Easement NOTARY PUBLIC FOR IDAHO Residing at: WOPX-Ajla-A4 7-(0 Commission Expires: r- 3D -,j0QD REV. 08/15/16.doe Sawtooth Land 5urveying, LLC ��i19c1 UGIT F: (208) 398-8104 F: (208) 398-8105 2030 5. Wa5hmgton Ave., Emmett, ID 83617 EXHIBIT A October 6, 2017 Citadel III Water Easement Legal BASIS OF BEARINGS for this description is North 89°20'31" East between the aluminum cap marking the northwest corner of Section 31, and the brass cap marking the N1/4 corner of Section 31, both in T. 3 N., R. 1 E., B.M., Ada County, Idaho. A parcel of land located in Parcel A as shown on Record of Survey 9941, Ada County Records, located in Government Lot 1, of Section 31, T. 3 N., R. 1 E., B.M., Ada County, Idaho, more particularly described as follows; COMMENCING at an aluminum cap marking the northwest corner of said Section 31; Thence North 89°20'31" East, coincident with the north line of said Government Lot 1, a distance of 961.57 feet to a 5/8" rebar; Thence South 0039'27" East, 38.08 feet to the southerly right of way of E. Amity Road; Thence South 85028'58" West, coincident with said southerly right of way of E. Amity Road, 162.25 feet; Thence South 89°20'31" West, coincident with said southerly right of way of E. Amity Road, 137.50 feet to the POINT OF BEGINNING; Thence South 40118'02" East, 15.90 feet; Thence South 0136'40" West, 25.35 feet; Thence South 89108'18" East, 8.73 feet; Thence South 0151'42" West, 20.00 feet; Thence North 89108'18" West, 8.64 feet; Thence South 0136'40" West, 10.71 feet; Thence North 90000'00" West, 5.51 feet; Thence South 0137'28" West, 539.28 feet; Thence South 89022'32" East, 205.90 feet; P:\2015\15093 -CMG -CITADEL III\Survey\Drawings\Descriptions\WATER LEGAL.docx Page 11 Thence North 0138'00" East, 19.34 feet; Thence South 89126'08" East, 20.00 feet; Thence South 0039'52" West, 39.36 feet; Thence North 89022'32" West, 225.82 feet; Thence South 0037'39" West, 55.00 feet to the southerly line of said Parcel A; Thence North 89122'32" West, coincident with said southerly line of Parcel A, 20.00 feet; Thence North 0036'51" East, 25.71 feet; Thence North 89022'32" West, parallel with said southerly line of Parcel A, 15.51 feet; Thence South 1023'59" East, 8.68 feet; Thence North 89022'32 West, parallel with said southerly line of Parcel A, 20.01 feet; Thence North 1023'59" West, 8.68 feet; Thence North 89022'32" West, parallel with said southerly line of Parcel A, 7.16 feet; Thence North 78054'15" West, 184.61 feet; Thence North 89122'32" West, parallel with said southerly line of Parcel A, 249.90 feet; Thence South 0035'26" West, 205.99 feet to said southerly line of Parcel A; Thence North 88°46'41" West, coincident with said southerly line of Parcel A, 20.00 feet; Thence North 0035'26" East, 225.78 feet; Thence South 89°22'32" East, parallel with said southerly line of Parcel A, 217.58 feet; Thence North 0100'00" West, 3.97 feet; Thence South 89022'32" East, parallel with said southerly line of Parcel A, 20.00 feet; Thence South 0000'00" East, 3.97 feet; Thence South 89022'32" East, parallel with said southerly line of Parcel A, 34.16 feet; Thence South 78054'15" East, 184.61 feet; Thence South 89022'32" East, parallel with said southerly line of Parcel A, 40.80 feet; Thence North 0037'28" East, 298.37 feet; PA2015\15093-CMG-CITADEL III\Survey\Drawings\Descriptions\WATER LEGAL.docx P age 12 PA2d16 Page 13 Thence North 89022'32" West, parallel with said southerly Line of Parcel A, 140.37 feet; Thence South 0000'00"' East, 1.97 feet; Thence North 89123'59" West, 59.98 feet;; Thence North 0000'00" West, 2.00 feet; Thence North 89022'32" West, parallel with said southerly line of Parcel A, 257.59 feet; Thence North 0014'51" East, 28.00 feet; Thence South 89022'32" East, parallel with said southerly line of Parcel A, 20.00 feet; Thence South 0014'51" West, 8.00 feet; Thence South 89022'32" East, parallel with said southerly line of Parcel A, 237.50 feet; Thence South 0000'00" West, 2.00 feet; Thence South 89023'59" East, 59.98 feet; Thence North 0037'28" East, 1.97 feet; Thence South 891122'32" East, parallel with said southerly line of Parcel A, 140.57 feet; Thence North 003728" East, 249.98 feet; Thence North 90000'00" East, 5.5`1 feet; Thence North 0036'40" East, 48.82 feet; Thence North 40018'02" West, 25.01 feet to said southerly right of way of Amity Road;; Thence North 89°20'31" East, coincident with said southerly right of way of Amity Road, 25.97 feet to the POINT OF BEGINNING. The above described parcel contains 0.975 acres more or less.