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Gramercy Sub No 2 Water Main EasementADA COUNTY RECORDER Christopher D. Rich 2018-015834 BOISE IDAHO Pgs=6 CHE FOWLER 02/21/2018 03:41 PM CITY OF MERIDIAN, IDAHO NO FEE a5', : i al• ' Iol THIS INDENTURE, made this 1st day of December, 2017, between Copper Point Investors LLC, the party of the first part, and hereinafter called the GRANTOR, and the City of Meridian, Ada County, Idaho, the pasty of the second part, and hereinafter called the GRANTEE; WITNESSETH: 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 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, RANTEE, 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 over and across the following described property; (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose ofconstruction 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, its 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 - Copper Point 1$0117 �� 0D 2 Approved; By City Council On: STATE..OF IDAHO, }; .5s County of Ada On this 2n day of F Y , 21118, before me, the undersigned, a Notary Public in and said State, personally appeared Tammy de Weexd 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. NOTARY PUBLIC .FOR IDA'0 Residing at Commission Expire s. Water Main Easement - Copper Point 120117 THE GRANTOR hereby covenants and agrees that it will not place or allow to be placedany permanent structures, trees, brush, or perennialshrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR hereby covenants and agrees 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 GRANTOR does hereby covenant with the GRANTEE that it is lawfully seized and possessed of the aforementioned and described tract of land, and, that it has a good and lawful right to convey said 'easement, and that it will,, warrant and forever defend the title and: quiet possession thereof against the, lawful claims of all persons whomsoever.: ZN WITNESSWHEREOF, the said party of the first part, has hereunto subscribed their signatures the tray and year first herein above written. GRANTOR: Copper Point; Investors LLC' By CID J' Monica R. Salusky Managing Member Water Main :Easement - Capper Point 120111 G Y avv--\" UD 2 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the dooument to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Contra Costa. On ���� Y_ . � r 2017, before me Notary Public, personally appeared Therese Hart-Pignotti Monica R. Salusky who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to .me that she executed', the same in herr authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that; the foregoing is true and correct. THERESE HART-PIGNOTTI '^COMM. #2229167 W Notary p4blic - California Z Contra Costa Comfy Cann, Wres Jan. 9 2022 yrtmercu UD Z WITNESS my hand and official seal EXHIBIT A Gramercy Heights Subdivision No. 2 — City of Meridian Water Easement An easement located In the NE % of Section 20, Township 3 North, Range I East, Boise Meridian, Ads County, Idaho, and more partloularly described as follows: commencing at the northwest corner of the NS % of said Section 20 (N %Corner), from Which the northeast corner of said NE %bears N 09*4602' E a distance of 2666-86 feet Thence N 89*46'02' E along the northerly boundary of said NE A a distance of 1306.66 feet to a point; Thence leaving said northerly boundary 8 T 13'58" E a distance of 46,00 feet to a point marking the northeasterly corner of Gramercy Subdivision No. I as shown In Book 09 of Plats on Pages 12619 thru 12622, . records of Ada County, Idaho, said point also being the northwesterly comer of Bonito Subdivision, as shown In Book 85 of Plats on Pages 9783 thru 9788, records of Ada County, Idaho,, Thence S 1042'391' W along the easterly boundary of said Gramercy Subdivision No. I and the westerly boundary of said Bonito Subdivision a distance of 2391.44 feet to the POINT OF BEGINNING; Thence leaving said boundary N 44"54'I3° I- a distance of 33-84 feet to a point, Thence S 79°50'47" E a distance of 67.39 foot to a point; Thence 6 33*50'47" E a distance of *18.70 foot to a point; Thence 6 0005'47" E a distance of 18.03 feet to a point; Theme S 89°E4'13" W a distance of 20.00 feet to a point; Thence N 0905'47" VV a distance of 11.97 feet to a point, Thence N 33"5 )'47" W a distance of 4,36 feet to a point; Thence N 78*50'47"W a distance of 38.42 feet to a polint, Thence 8 44°54"13" W a distance of 44.45 feet to a point on said easterly boundary of Gramercy Subdivision No. I and said westerly boundary of Bonito Subdivision; Thence N'V4213V E along said boundary a distance of 29.22 feet to the POINT OF OF -GINNING. This parcel contains 2271 square feet (0.052 acres) and Is Subject to any other easements melsting or In use. Clinton VV. Hansen, PLS Land Solutions, PC August 29, 2017 Grarmey Heights Subdivision No. 2 Job No. 1733 Meridian City Council Meeting Agenda February 20, 2018 — Page 195 of 601 EXHIBIT B GRAMERCY HEIGHTS SUBDIVISION NO. CITY OF MERIDIAN WATER EASEMENT V UTS OF 4 N G9.45b2 E i USUAW ! . . 136 D 20 0K id@, PGS 1407 - t4*0 IMV" NA 4 awl a ¢ pw a 6EGiNNINI IwER pr Sr, THO &M $PRtNIs SOON N0. 5 8K 74, PGS b".i34 - 65M T18 fu n tion's ,' Land Surveying and consulting 120!M214�tdtOttt�,i>Iit557 Meridian City Council Meeting Agenda February 20, 2018 - Page 196 of 601 LINE TABLE' UNE if -LENGTH oilwfioN Li 33.9 N44"5IY.E L2 57.3V S?a'W47"E L 1&70' 53350+; L4 I&V SOVV47*E Ls 2a w S59"�4'tJ'W Le tier.cvs�rw U 4,V N33'bQ47'W 0 J +44,49 54454"13'W T18 fu n tion's ,' Land Surveying and consulting 120!M214�tdtOttt�,i>Iit557 Meridian City Council Meeting Agenda February 20, 2018 - Page 196 of 601