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Sky Mesa No. 1 Water Main EasementADA COUNTY RECORDER Christopher D. Rich 2018-115067 BOISE IDAHO Pgs=5 LISA BATT 12/05/2018 01:04 PM CITY OF MERIDIAN, IDAHO NO FEE THIS INDENTURE, made this LA+111 day of bPCC TAbWC20l8, between Lionwood Properties, LLC, an Idaho limited liability company, the party of the first part, and hereinafter called the Grantor, and the City of Meridian, Ada County, Idaho, the party 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 and service said pipeline 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 a water line 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 a water line 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, 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 easement. THE GRANTOR hereby covenants and agrees that he 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. Sky Mesa Commons No. 1 Water Main Easement REV. 08/15/16 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 apart 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 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 party of the first part has hereunto subscribed his signature the day and year first hereinabove written. PROPERTIES, LLC H. Hunter, Authorized STATE OF IDAHO ss County of Ada On this � day of 0MAILicy, , 2018, before me, the undersigned„ a Notary Public in and for said State, personally James H. Hunter, known or identified to me to be an authorized designee of Lionwood Properties, LLC, that executed the within instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed ;my official seal the day and year fist above written. (SEAL) ,I�X WARY PUBWO kSTM OF IDAHO Sky Mesa Commons No. 1 Water Main Easement Residing at: My Commission FOR Meridian City Council Meeting Agenda December 4, 2018 — Page 119 of 445 REV. 08/15/16 GRANTEE: CITY OF MERIDIAN SEAL Approved By City Council On: /?- Z Ll Z 2L)/ 1 STATE OF IDAHO ss County of Ada On this LO� day of etM—bW . 2018, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and CJAY 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. s4 a 01)ffl" t NOTARY PUBLIC FOR IDAHO \ Residing at: MAL" ) � -A AAYID My Commission Expires :,3-SL2-aloagI Sky Mesa Commons No. 1 Water Main Basement REV. 08/15/16 �:Ii w A PROPOSED SKY MESA COMMONS SUBD. NO. 1 CITY OF MERIDIAN WATER EASEMENT - EXHIBIT E. LAKE HAZEL RD. 32-33 5 4 11118 Lan futions F OF t 15;La: 'pN. NP Land Surveying and Consulting 231 E. 5TH ST., STE. A MERIDIAN, 10 83642 (208) 288-2040 (208) 288.2557 fax www.landsolutions. t3iz i:„e A aR gig n_ _� _. w 1$ pa8p 4n4 of 445 J� N0: 18-28 Exhibit B Legal Description Sky Mesa Commons Subdivision No. 1 - City of Meridian Water Easement An easement located in the SE % of Section 32, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being a strip of land 20.00 feet in width, right of and adjacent to the following described easement line: Commencing at an Aluminum Cap monument marking the northeast corner of said SE %, from which an Aluminum Cap monument marking the southeast corner of said SE % bears S 0013'38" W a distance of 2676.24 feet; Thence S 65*01'35" W a distance of 1341.94 feet to the BEGINNING POINT of said easement line; Thence N 55"06'29" W a distance of 96.60 feet to the ENDING POINT of said easement line. Said easement contains 1,932 square feet, more or less, and is subject to any other easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC November 26, 2018 Subdivision No. 1 Sky Mesa Commons Su U6 "diblubt)ns Job No. 18-28 k_-�--iand surveying and Consulting Meridian City Council Meeting Agenda December 4, 2018 — Page 122 of 445 Page 1 of 1