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Silver Oaks Apartments Water Main EasementADA COUNTY RECORDER Christopher D. Rich 2018-012308 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 02/09/2018 10:11 AM CITY OF MERIDIAN, IDAHO NO FEE WATER MAIN EASEMENT THIS INDENTURE, made this day of 2018, between SOA Phase 11, LLC, the parties of the first part, and hereinafter called the drantors, 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 is to be provided for through underground pipelines to be constructed by others; and . WHEREAS, it will be necessary to maintain and service said pipelines 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 casement for the operation and maintenance of water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities, together with their maintenance, repair and replacement 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 casement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED by and between the parties hereto that, after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. 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 casement, Silver Oaks Apartments Water Main Easement 1 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 casement, which would interfere with the use of said casement, for the purpmes stated -herein, THE GRANTORS hcrcby covenant and agree with the Grantee that should any part of the right- of-way and casement 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 wl-ich is a pail thereof, shall cease and become null and void mid of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they arc lawfully seized and possessed of the aforementioned and described tract of land, and That they have a good and lawflil right to convey said casenient, and that they will, warrant and forever defend the title and quiet possession thereof against the lawful clairns 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- SOA PHASE 11, LLC Dav-fd M. Cooper, Managerf 7630 W, Thunder Mountain Drive Boise, ID 83709 STATE OF IDAHO County of On this lqclay of 20189 before me, the undersigned, a Notary Public in and for said State, personally appAred David M. Cooper, known or identified to me to be the Manager of SOA Phase 11, LLC, the limited liability company that executed the within instiument, and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have h.-ruuato set my hand and affixed my official seal the day and year fist aboveTitten. MVit# ip 140TAj?)A 0 NC AT PUBLIC FOR IDAHO a4- 0 Ell V, OUB L I Residing at:• 4 C, My CommissionExpires: Ito I Ov Silver Oaks Apartments Water Main Easement 2 Meridian City Council Meeting Agenda February 6, 2018 — Page 159 of 732 GRANTEE: CITY OF MERIDIAN (Ity of SEAL Approved by City Council on: 9/ Z— z eWk - STATE OF IDAHO ) County of Ada �� On this (Q�h day of t 18, before me, the undersigned, a Notary Public in and for said State, personallppearedPammy 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 Cityof 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, Cmdw WN'L NOTARY PUBLIC FOR. IDAYIO Residing at: � 11 t nthTU) My Commission Expires: Silver Oaks Apartments Water Main Easement 3 EXHIBIT A January 15, 2018 Deteiription for additional Meridian Qjt y Water Easements &1y_er Oaks Aoartments Easements covering portions of Lot 3, Block I of Avendale Subdivision, as riled for record in Book 109 of Plats at Page 15523, records of Ada County, Idaho, located in the SE 114 of Section 10, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows. EASEMEENT A Commencing at the SE coiner of said Section 10, froin which the S 1/4 corner of said Section 10 bears North 89'36'09" West, 2640.84 feet; thence along the southerly boundary line of said Section 10 North 89036'09" West, 1558.90 feet to the southeast comer of Urnbria Subdivision, as filed for record in Book 101 ofPlats at Page 13200, records of Ada County, Idaho; thence along the easterly boundary of said Umbria Subdivision North 01112'22" East, 527.36 feet to the southeasterly comer of'said Lot 33 Block I of said Avendale Subdivision; thence continuing North 01'12'22" East along the easterly boundary of said Lot 3 514.93 feet; thence leaving said boundary North 88047145" West, 130 69 feet to a point on the northeasterly boundary line of an existing City of Meridian Sanitary Sower and Water Easement recorded under Instrument No. 2015-043236, records of Ada County, Idaho, the POINT OF BEGINNING, Thence continuing along said existing easement boundary North 88'47'45" West, 22.65 feet; Thence Icaving said existing easement boundary North 01'12'15" East, 25.00 feet; Thence South 88*4745" East, 22.65 feet; Thence South 01 012'15" West, 25,00 feet to the POINT OF BEGINNING. EASEMENT B Commencing at the SE comer of said Section 10, from which the S 1/4 comer of said Section 10 bears North 89036'09'West, 2640.84feet; thence along the southerly boundary Line of said Section IONorth 89136'09" West, 1558,90feet to the southeast comer of Umbria Subdivision, as filed for record in Book 101 ofPlats at Page 13200, records of Ada County, Idaho; thence along the easterly boundary of said Umbria Subdivision North 01'12'22" East, 527.36 feet to the southeasterly corner of said Lot 3, Block I of said Avendale Subdivision, thence continuing North 01"12'22" East along the easterly boundary of said Lot 3 514.93 feet; thence leaving said boundary North 88"47'45" West, 2785 feet to a point an the northeasterly boundary line of an existing City of Meridian Sanitary Sewer and Water Easement recorded under Instrument No. 2015-043236, records of Ada County, Idaho, the POINT OF BEGINNING; Thence continuing along said existing easement boundary North 88'47'45" West, 20.77 feet; Thence along said existing easement boundary, and extending beyond said existing easement boundary, North 01012' 15" Fast, 26.00 feet, Thence South 88'4745" Fast, 20.77 feet; Thence South 01 ° 12'15" West, 2&00 feet to the POINT OF BEGINNING. Page I of 1 Meridian City Council Meeting Agenda February 6, 2018 — Page 161 of 732 PERUGIA STIR,UMBRIA SUBDIVISION � 10 1/4 10811-94' W. FRANKLIN ROAD 15 N 89'36'09R W 2640.84' MIS OF BEARING SCALE 1'=100' CITY OF MERIDIAN DWG,IMTE 01/05/18 ADDITIONAL WATER EASEMENTS PROJI. NO, 141105 SILVER OAKS APARTMENTS SHEE7r LOT 3, BLOCK 1, AVENDALE SUBDIVISION 1 OF 1 LOCATED IN THE SE 1/4 OF go -SOUTHEASrIERLY CORNER LOT 3, BLOCK I E!GINEERING SOLUTIONS- � - �]3 ^~_.~^ \ / \,POINT OF BEGINNINGr ti 27N 8647045m W CRY OF MERIDIANINSTR, POINT OF BEGINNINGENSTING NO. 2015-043236 EXISTING WATERsmctsAVENDALE SUBDIASION LINE BEARING DISTANCEL5 IN 8647'45' W 2037'L6 N 01-1r15' E 26.00 PERUGIA STIR,UMBRIA SUBDIVISION � 10 1/4 10811-94' W. FRANKLIN ROAD 15 N 89'36'09R W 2640.84' MIS OF BEARING SCALE 1'=100' CITY OF MERIDIAN DWG,IMTE 01/05/18 ADDITIONAL WATER EASEMENTS PROJI. NO, 141105 SILVER OAKS APARTMENTS SHEE7r LOT 3, BLOCK 1, AVENDALE SUBDIVISION 1 OF 1 LOCATED IN THE SE 1/4 OF go -SOUTHEASrIERLY CORNER LOT 3, BLOCK I E!GINEERING SOLUTIONS-