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Ten Mile Plaza Water Main Easement No. 1 (2020-044057)Project Name (Subdivision): Ten Mile Plaza Water Main Easement Number: ' Identify this Easement by sequential number if Project contains more than one Water Main easement. ( See Instructions for additional information). ADA COUNTY RECORDER Phil McGrane 2020-044057 BOISE IDAHO Pgs=5 CHE FOWLER 04/16/2020 08:44 AM CITY OF MERIDIAN, IDAHO NO FEE WATER MAIN EASEMENT THIS Easement Agreement, made this 14th day of April , 20 20 between Fluid Real Estate Investments, 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 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 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: 'F-l v 4e-:2-1 Z STATE OF IDAHO ) ss County of Ada ) ;vr2 nje/2- This record was acknowledged before me on I Z I ZU (date) by EyrfrfiTr (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 Fluid Real Estate Investments,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 Signature 23 �Zp21 My Commission Expires: K TAR � BL1C SA OF1Op;Ak�- Water Main Easement nn 01/01/2020 Meridian City Council Meeting Agenda April 14,2020— Page 19 of 16 16 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor Attest by Chris Johnson, City Clerk STATE OF ID O, ) : ss. County of Ada ) This record was acknowledged before me on 4-14-2020 (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 y Commission Expires: 3-28-2022 Water Main Easement Version 01/01/2020 km E N G I N E E R I N G March 31,2020 Project No.:19-153 Legal Description EXHIBIT A A parcel of land situated in the Northwest 1/4 of the Northwest 1/4 of Section 35,Township 4 North,Range 1 West,Boise Meridian,City of Meridian,Ada County,Idaho and being more particularly described as follows: Commencing at a found aluminum cap marking the Northwest corner of said Section 35,which bears N00"52'45"E a distance of 2,631.00 feet from a found brass cap marking the West 1/4 corner of said Section 35,thence following the westerly line of said Section 35,S00°52'45"W a distance of 80.34 feet; Thence leaving said westerly line,S89"07'15"E a distance of 187.59 feet to the POINT OF BEGINNING. Thence S88.58'19"E a distance of 20.00 feet; Thence S01'10'35'W a distance of 121.43 feet; Thence S88°59'12"E a distance of 11.44 feet; Thence 501°01'41"W a distance of 12.51 feet; Thence S89°06'41"E a distance of 45.87 feet; Thence 500°53'19"W a distance of 182.03 feet; Thence S77°51'41"E a distance of 19.31 feet; Thence S01.01'41"W a distance of 23.47 feet to the northerly right-of-way line of W.Quintale Drive; Thence following said northerly right-of-way line,39.22 feet along the arc of a circular curve to the left,said curve having a radius of 325.00 feet,a delta angle of 6'5449",a chord bearing of N81"51'57"W and a chord distance of 39.19 feet; Thence leaving said northerly right-of-way line,N00°53'19"E a distance of 184.32 feet; Thence N89°06'41"W a distance of 57.44 feet; Thence N01°10'35"E a distance of 154.02 feet to the POINT OF BEGINNING. Said Parcel contains 0.196 acres(8,524 Sq. Feet),more or less,and is subject to all existing easements and/or rights-of-way of record or implied. L LAN,0 S \t NS�p d � 662 Lo OF KIFE �I i7 9233 West State Street • Boise,Idaho 83714 208.639.6939 kmengllp.com Meridian City Council Meeting Agenda April 14,2020— Page 21 of 167 POINT OF COMMENCEMENT NW CORNER SECTION 35 LANQ PER CP&F 2016-064167 ��a� CENB sel 27 26 �`` �� �� CIZ N 34 35 662 try, �o 9 cn 0 ,F P OF �QP 4 0� 6 POINT OF el t Y It1rHR� o�c N+ BEGINNINGLLI 3r y( m4— L2 1 ! 0 30 60 120 LL L1 rTIEI H 0�� \ l io Plan Scale Z m0 to N 0 Z N � N LINE TABLE `r u2 3 LINE BEARING DISTANCE in w � L1 S89'07'15"E 187.59 il) 0 � � 1 L2 S68'58'19"E 20.00 3 0 4 L3 L3 S88'59'12"E 11.44 o L4 z L4 S1'01'41"W 12.51 35 L5 o L5 S89'06'41"E 45.87 W 1/4 CORNER a SECTION 35 � L6 N89'06'41"W 57.44 L6Uj o L7 S77'51'41"E 19.31 I c L8 S1'01'41"W 23.47 0 N FLUID REAL ESTATE ni INVESTMENTS LLC N 00 0 0 CURVE TABLE o 3 CURVE RADIUS LENGTH DELTA CHORD BRG CHORD w 0 C1 325.00' 39.22' 654'49" N81'51'57W 39.19' b 0 m In (n m 0 z 0 x Legend z W 3 FOUND ALUMINUM CAP L7 FOUND BRASS CAP m a] x CALCULATED POINT — — — -� z — SECTION LINE C1 BOUNDARY LINE z — — ADJACENT BOUNDARY LINE W.Quintale Drive a SURVEY TIE UNE ENGINEERING - - EASEMENT LINE 3 9233 WEST STATE STREET a BOISE,IDAHO 83714 PHONE(208)639-6939 Exhibit B W kmengllp.com ? Meridian, ID DATE: March,2020 W PROJECT: 19-153 W SHEET: A parcel of land situated in the NW 1/4 of the NW 1/4 of Section 35, "= 1 OF 1 T.4 N., R. 1 W., Boise Meridian,City of Meridian,Ada County, Idaho I..i Meridian City Council Meeting Agenda April 14,2020- Page 22 of 167