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W. Harris Water Main EasementADA COUNTY RECORDER Christopher D. Rich 2018-012304 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 02/09/2018 10:10 AM CITY OF MERIDIAN, IDAHO NO FEE WATER MAIN EASEMENT THIS Easement Agreement, made this day of 20Ibetween Star Development, Inc ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires 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 underground pipelines to be constructed by Grantor; 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 Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement 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 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 pal -ties 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 easement, THE GRANTOR covenants and agrees that Grantor 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. Water Main Easement REV, 0102 18 TWB THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or tie 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 does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR inade herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: STAR DEVELOPMENT, INC '.'•�. !- t - President STATE OF 1DAI-10 ss County of Ada Z41 This record was acknowledged before me on** kate) by Allen Lee Centers, on behalf of Star Development, Inc in his capacity as President. Water Main Easement REV. 01 02 18 TWB Meridian City Council Meeting Agenda February 6, 2018 — Page 152 of 732 STATE OF IDAHO, ss' County of Ada This record was acknowledged before me on(date) by Tammy de Weerd and C.Jay Coles on behalf of the City of Meridia-n,in�thieiir�capacities as Mayor and City Clerk, respectively. I IaL/-UUJ�� Notary Signature V My Commission Expires: Water Main Easement U), Halar iREV. 01 02 18 TWB EXHIBIT INGRESSAGRESS AND WATERLINE EASMENT FOR THE CITY OF MERIDIAN, IDAHO STAR DEVELOPMENT INC. An easement located in the NW Xof the SE Y4of Section 25, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and being a part of PARCEL 2 of Record of Survey No, 7547 on file as Inst. No, 106144267 in the Office of the Recorder, more particularly described as follows-, Commencing at a 5/8 inch diameter iron pin marking the northwesterly corner of said NW A of the SE X, from which a 5/8 inch diameter iron pin marking the northeasterly corner of said NW Y4of the St Y4bears S 89*24'04" E a distance of 1320.85 feet; Thence S 89*24!04" E along the northerly boundary of said NW Aof the 5E X a distance of 555 03 feet to the POINT OF BEGINNING; Thence continuing S 89"24104" E along said northerly boundary a distance of 92.88 feet to a point; Thence leaving said northerly boundary a distance of 192.51 feet along the arc of a 390.00 foot radius curve left, said curve having a central angle of 28'16'56" and a long chord bearing S, 60'30'52�'W a distance of 190.56 feet to a point; Thence 5 46'2224" W a distance of 67.36 feet to a point; Thence a distance of 61.37 feet along the arc of a 710.00 foot radius curve right, said curve having a central angle of 4*57'09" and a long chord bearing S 48054359" W a distance of 61.35 feet to a point; Thence N 51*44'53" W a distance of 35.98 feet to a point; Thence a distance of 10.28 feet along the arc of a 675.00 foot radius curve left, said curve having a central angle of 0052'20" and a long chord bearing N 51*34'50" E a distance of 10.28 feet to a point marking the southerly corner of the well lot lease described In Inst. No. 2015-086405 on file said office of the Recorder; Water Main Easement REV. 01 42 18 TWB Meridian City Council Meeting Agenda February 6, 2018 — Page 154 of 732 Thence along the easterly boundary of said well lot lease a distance of 56.21 feet along the are of a 675.00 foot radius curve left, said curve having a central angle of 4'46'15" and a long chord bearing N 4804532" E a distance of 56.19 feet to a point; Thence N 46'2224" E along said easterly boundary a distance of 67.36 feet to a point; Thence a distance of 119.81 feet along the arc of a 425.00 foot radius curve right, said curve having a central angle of 16*09'09" and a long chord bearingN 54*26t9" E a distance of 119.42 feet to a point marking the northeasterly corner of said well lot lease and the, POINT OF BEGINNING; This parcel contains 9,930 square feet (0.228 acres) and is subject to any Other easements, existing or in use. Prepared by, Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated November 30, 2017 Water Main Easement REV, 01 02 18 TWB Meridian City Council Meeting Agenda February 6, 2018 — Page 155 of 732 Water Main Easement 0 0 REV, 01 02 18 TWB Meridian City Council Meeting Agenda February 6, 2018 — Page 156 of 732 a L6 z Li C4 amo 0 v 0 to Cq tZ L Z-4 (Z) Uj C/) F- to�k Z Q)to LLJ Fh -* , J, N� 1,4, L LO 0 0 REV, 01 02 18 TWB Meridian City Council Meeting Agenda February 6, 2018 — Page 156 of 732 a L6