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Prevail Subdivision No. 1 Water Main Easement No. 1 (2020-033312) ProieetName Subdivision); ADA COUNTY RECORDER Phil McGrane 2020-033312 Prevail Subdivision #1 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 03/23/2020 09:12 AM Water Main Easement Number: 1 CITY OF MERIDIAN, IDAHO NO FEE Identify this Easement by sequential number if Project contains more than one Water Main easement. (See Instructions for additional information). WATER MAINEASEMENT THIS Easement Agreement, made this 17th day of March , 20 20 between MWT LLC ("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 others; and VV`HEREAS, 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 E) 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 14AVE 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 malting 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 Meridian City Council Meeting Agenda March 17,2020— Page 73 oyff6ion 01/01/2020 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. GRANTOR: MWT LLC Douglas M Mas r, Manager STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on a- L- �o (date) by Douglas McMaster (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 MWT LLC (name of entity on behalf of whom record was executed), in the following representative capacity: Manager (type of authority such as officer or trustee) (stamp) Notary Signa '••1-1 My Commission Expi jP i v�s N�CA=Y � ' UI X"', p� OF Meridian City Council Meeting Agenda March 17,2020— Page 74 of erSlOri �1��1�2�2� Water Main Easement GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor Attest by Chris Johnson, City Clerk STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 3-17-2020 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) Notary Signature My Commission Expires: 3-28-2022 Water Main Easement Meridian City Council Meeting Agenda March 17,2020— Page 75 oY ion 01/01/2020 EXHIBIT A DESCRIPTION FOR PREVAIL SUBDIVISION NO. 1 CITY OF MERIDIAN WATER LINE EASEMENT A portion of Government Lot 2 of Section 31, T.3N., R.1 E., B.M., Meridian, Ada County, Idaho more particularly described as follows: Commencing at the W1/4 corner of said Section 31 from which the NW corner of said Section 31 bears North 00037'56" East, 2641.54 feet; thence along the West boundary line of said Section 31 North 00°37'56" East, 1,320.77 feet to the NW corner of said Government Lot 2; thence leaving said West boundary line and along the North boundary line of said Government Lot 2 North 89039'29" East, 80.01 feet to a point on the East right-of-way line of S. Meridian Rd., point also being the REAL POINT OF BEGINNING; thence continuing along said North boundary line North 89939'29" East, 20.00 feet; thence leaving said North boundary line South 00037'56"West, 16.93 feet; thence South 89022'04" East, 55.08 feet; thence South 44022'04" East, 141.37 feet; thence North 89038'19" East, 773.64 feet; thence South 00°31'21" West, 55.38 feet; thence North 46019'25"West, 50.88 feet; thence South 89038'19"West, 744.69 feet; thence North 44022'04"West, 141.58 feet; thence North 89022'04"West, 66.79 feet to a point on the East right-of-way line of S. Meridian Rd.; thence along said East right-of-way line North 00037'56" East, 36.59 feet to the REAL POINT OF BEGINNING. �pN 1. psG 77 9 J+�ZI►r Ito 0 �9F PF OF Y G.GP Meridian City Council Meeting Agenda March 17,2020— Page 76 of 226 S25 S30 E. AMITY RD. S36 S31 LINE TABLE LINE LENGTH BEARING I L1 20.00 N89'39'29"E L2 36.59 NO'37'56"E to z� � ry a CD RP08 m`y SO'37'56"W w 16.93, o i0 N89'39'29"E L1 in ar, 80.01' J _ r55.08' o m z NW COR GOV'T LOT 2 O I h N89'22'04"W ►� 66.79' Q ci _N89'38'19"E_773.64'_ w � - - - - - 00) N S89'38'19"W 744.69' LoI � Lot M (n `cLO I O N46'19'25"W v N 50.88' I 1/4 S36 •S31 dv 5 J-ANOSG �--_ .c 70729 X Q JLr G',P� rFor �O z l c�Y G. P� V) 10 40 160 Uj 0 20 80 320 SCALE: 1 " = 80' P,—v uh Nte No 1 2—021 Ar P e S i A h x 2.r 2 11 2 20 12:M.28 PM JOB NO. 0_021 I DAHO __EXHIBIT DRAWING FOR 2 z, 9955W.EMERALOST. PREVAIL SUBDIVISION NO. 1 SHEET NO. SURVEY (20.)848.857083704 CITY OF MERIDIAN WATER LINE EASEMENT 1 DATE GROUP, LLC LOCATED IN GOVERNMENT LOT 2 OF SECTION 31, T.3N., RAE., B.M., 2%0/20 0 D 0 ID 0