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Compass Public Charter School Water Main EasementProject Name. (Subdivision): Compass Public Charter School water Main Easement Number: -1 Of 1 C51014 Identify this Easement by sequential number if roject contains more than one Water Main easement. ( See Instructions for additional information), ADA COUNTY RECORDER Christopher D. Rich 2018-098367 BOISE IDAHO Pgs=6 CHE FOWLER 10/17/2018 11:10 AM CITY OF MERIDIAN, IDAHO NO FEE WATER MAIN EASEMENT Compass Public Charter School, Inc, an Idaho THIS Easement Agreement, made this day of OAdzm between nonprofit corporation ('Grantoe'), 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 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 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 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 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. 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 lie within the boundaries of any Water Main Easement Version 03 26 18 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 a 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 made 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. Lf1m, imgj STATE OF IDAHO ) ) ss County of Ada This record was acknowledged before me on 41 �y (date) by Norm Varin (name of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of Compass Charter Public School, Inc. (name of entity on behalf of whom record was executed), in the following representative capacity: Chair of the Board of Compass (type of authority such as officer or trustee) (stamp) Expires: \Clzo- Lzc> PU,B Water Main Easement Version 03 26 18 GRANTEE: CITY OF MERIDIAN Tammy of SEAL 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 Meridian, in their capacities as Mayor and City Clerk, respectively. 1) lk�u I Ob 77 Notary Signature �HAF2�ENE My Commission Expires: COMMISSION #67390 NOTARY PUBLIC STATE OF IDAHO My COMMISSION EXPIRES3r28]422 6mpaeb Water Main Easement Version 03 26 18 1515 S. SHOSHONE ST. BOISE, ID 83705 208.342.7957 www.foxlandsurveys.com Project Name: Compass Public Charter School Easement Number: 1 of 1 EXHIBIT "A LEGAL DESCRIPTION A strip of land within the Southwest Quarter of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, being a portion of Grantor's Parcel granted under WARRANTY DEED Instrument. No. 2018-083763 and more particularly described as follows COMMENCING at the Corner of Sections 9, 10, 15 & 16 in the intersection of W. Franklin Road and N. Black Cat Road monumented by a found aluminum cap as shown on Corner Record Instrument No. 2018-016068, from which the Quarter Corner common to Sections 9 and 10 monumented by a found brass cap as shown on Corner Record Instrument No. 105185212 bears North 00°38'57" East, 2653.05 feet; Thence along the line common to said Sections 9 and 10, North 00°38'57" East, 973.97 feet; Thence South 89°15'44" East, 48.00 feet to the easterly right-of-way of N. Black Cat Road; Thence along said right-of-way, North 00°3857" East, 35.60 feet to the southerly right-of-way of W. Aviator Street; Thence continuing along the said southerly right-of-way the following four (4) courses: 1. North 34°58'48" East, 22.08 feet; 2. South 89°15'44" East, 139.50 feet 3. North 85°01'37" East, 50.25 feet; 4. South 89°15'44" East, 131.90 feet to POINT A and the centerline of the strip of land described herein; Thence being 10 -feet left and right of said centerline, South 00°34'50" West, 170.11 feet to POINT B; Thence South 00°34'50" West, 45.79 feet to the POINT OF TERMINUS; TOGETHER WITH: A 20 -foot wide strip of land described as follows: BEGINNING at the previously described POINT B, the centerline of the strip of land described herein; Thence being 10 -feet left and right of said centerline, North 89°25'10" West, 44.00 feet to the POINT OF TERMINUS TOGETHER WITH: A 10 -foot wide strip of land described as follows: Pagel of 2 Meridian Water.doex 1515 S. SHOSHONE ST. *t BOISE, ID 83705 WCA208.342.7957 -ND SURVEYS www.foxiandsurveys-com TOGETHER WITH: A 10 -foot wide strip of land described as follows: COMMENCING at the previously described POINT A, the centerline of the strip of land described herein; Thence North 89*15'44" West, 38.99 feet to POINT C, the POINT OF BEGINNING of the centerline of the strip of land described herein; Thence being 5 -feet left and right of said centerline, South 00*44'16" West, 5.00 feet to POINT OF TERMINUS; Containing 0.115 acres (5,048 square feet) more or less. Any modification of this description shall render it void. This description represents a surveyed boundary of the land described above by Fox Land Surveys, Inc. A Record of Survey will be recorded with Ada County upon project completion. END OF DESCRIPTION Prepared by: Aaron P. Rush, PLS Senior Project Manager Meridian Watendocx Page 2 of 2 CR 105185212 EL GATO 9 LANE �Tl0 I o I~ U `N Gw4 I Uweuj; 0 M �rA z W c r j OD th M 0 (J z Im POC ----16-15 CR 2018-016068 W. WATER EASEMENT (1 OF 1) LA COMPASS PUBLIC RRM I-m .® S89 15'44T 13t90' RAN 9Z91' 38.99' e , .�®moi 00 W. AVIATOR STREET — N34"58'48"E /-22.08' S89°15'4R4""EE 131.90' RAN S89°15'44 E 139.50' 92'91 II $ N85°01'37'"E j l 1 300°38'57 E 50.25' 35.60` SEE — — — DETAIL S89'1 5'44T 48.00' W. FRA %TK1 IN ROATD RNV EXISTING RIGHT-OF-WAY — — BOUNDARY — — — SECTION LINE A CALCULATION POINT, NOTHING FOUND OR SET L= RIGHT-OF-WAY ACQUISITION CR CORNER RECORD I.N., ADA COUNTY RECORDS POB POINT OF BEGINNING POC POINT OF COMMENCEMENT 0 40 80 160 SCALE: 1 "= 80' N89°25'10"W 44.00' s ® s A RECORDOFSURVEY WILL BE RECORDED UPON COMPLETION DEPICTING ADDITIONAL BOUNDARY INFORMATION AND MONUMENTS SET. ��� LAND a. 12464 of \RoN P. FOX LAND SURVEYS INC. (208) 342-7957