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Lost Rapids Subdivision Water Main Easement No. 1 (2020-059665) Project Name(5ulkdivision): Lost Rapids Subdivision ADA COUNTY RECORDER Phil McGrane 2020-059665 ater Main Easement Number: 1 BOISE IDAHO Pgs=6 CHE FOWLER 05/20/2020 01:47 PM Identify this Easement by sequential number if Project contains CITY OF MERIDIAN, IDAHO NO FEE more than one Water Main easement. (See Instructions for additional information). WATER MAINEASEMENT THIS Easement Agreement, made this 19th day of May 1 20 20 between Costco Wholesale Corporation ("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 and ) 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 Meridian City Council Meeting Agenda May 19,2020— Page 19 of 15Verslon 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: ��Kwlllv� By: David Messner, Senior VP Real Estate STATE OF ] ss County of AZW-- ) Y- This lord was acknowledged before me on (date) by David Messner (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 Costco Wholesale Corporation (name of entity on behalf of whom record was executed), in the following representative capacity: Senior VP Real Estate (type of authority such as officer or trustee) (stamp) iftd Nf �� Notary Sig at a .,f o� i SXP4 My Commission Expires: _z5;9 q : 0 3: .a • "y0 PUS i� 7-�j of ....L5���1\�����,• y 111111rT,q; ,EOf t Water Main Easement Meridian City Council Meeting Agenda May 19,2020- Page 20 of 15Verslon 01/01/2020 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 5-19-2020 (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 May 19,2020— Page 21 of 15(N7erslon 01/01/2020 E N G I N E E R I N G April 7,2020 Project No.17-104 City of Meridian Water Easement Legal Description Exhibit A A parcel of land for a City of Meridian Water Easement situated in a portion of the Northeast 1/4 of Section 27,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 Northeast corner of said Section 27,which bears S89°17'35"E a distance of 2647.29 feet from a found aluminum cap marking the North 1/4 corner of said Section 27,thence following the easterly line of the Northeast 1/4 of said Section 27,S00`20'42"W a distance of 358.09 feet; Thence leaving said easterly line,N89°39'18"W a distance of 281.04 feet to the northerly line of an existing City of Meridian sewer and water easement(per Inst.No.2019-077072)and being the POINT OF BEGINNING. Thence following said northerly line,N89"17'16"W a distance of 10.00 feet; Thence leaving said northerly line,N00"42'44"E a distance of 25.60 feet; Thence S89'17'16"E a distance of 10.00 feet; Thence S00°42'44"W a distance of 25.60 feet to the POINT OF BEGINNING. Said parcel contains 256 square feet,more or less,and is subject to all existing easements and/or rights- of-way of record or implied. All subdivisions,deeds,records of surveys and other instruments of record referenced herein are recorded documents of the county in which these described lands are situated in. Attached hereto is Exhibit B and by this reference is made a part hereof. L L A ND a � a b66G - �9T OF ,aP� �-I ,{ o 9233 West State Street • Boise,Idaho 83714 • 208.639.6939 • kmengllp.com Meridian City Council Meeting Agenda May 19,2020— Page 22 of 150 10.00 s89°17'16"e c � v ti N 7 K n89°17'16"w 10.00 Title: Date: 04-07-2020 Scale: 1 inch=5 feet File: Tract 1: 0.006 Acres: 256 Sq Feet:Closure=n00.0000e 0.00 Feet: Precision>1/999999: Perimeter= 71 Feet 001=n89.1716w 10.00 003=s89.1716e 10.00 002=100.4244e 25.60 004=s00.4244w 25.60 Meridian City Council Meeting Agenda May 19,2020— Page 23 of 150 POINT OF COMMENCEMENT NE CORNER N. 1/4 CORNER — — — — — SECTION 27 22Z SECTION 27 W. Chinden Boulevard N_89'17'35"W 26_47.29'_ _ _ 22 23 27 BASIS OF BEARINGS 27 26 I I o au 3 � 06 o 5p LO GO % S� S89'17'16"E N00'42'44"E 10.00' 25.60' S00'42'44"W 25.60'Ga 0F D -FL II "'IiIl I�N89'39'18"W -- 281.04'(TIE) - - - - - � POINT OF I BEGINNING I N89'17'16"W i 0 1 I 10.00' I I � L - - - - - - -- - - � — I I I a z w Q 0 0 100 200 300 o IIIIIIIIIIIL gPlan Scale: 1" = 100, W LEGEND I i I I I FOUND ALUMINUM CAP 3 o CALCULATED POINT 0 a - - - -- SECTION LINE lam W - - ADJACENT BOUNDARY LINE N � SURVEY TIE LINE $ ENGINEERS.SURVEYORESTSTATES STREET PLANNERS 9233WESTAHO83714 EASEMENT AREA BOISE,IDAHO 83714 a PHONE(208)639-6939 FAX(208)639-6930 Exhibit B s City of Meridian Water Easement - Costco Wholesale Meridian DATE: April,2020 w PROJECT: 17-104 3 A portion of the Northeast 1/4 of Section 27,Township 4 North, Range 1 West w SHEET: 1 OF 1 City of Meridian,Ada County, Idaho. Meridian City Council Meeting Agenda May 19,2020— Page 24 of 150