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Prevail Subdivision No. 1 Water Main Easement No. 3 (2020-059697) ADA COUNTY RECORDER Phil McGrane 2020-059697 Project Name(Subdivision): BOISE IDAHO Pgs=5 VICTORIA BAILEY 05/20/2020 01:56 PM Prevail Subdivision No. CITY OF MERIDIAN, IDAHO NO FEE Water Main Easement Number: 3 Identify this Easement by sequential number if Project contains more than one Water Main easement. (See Instructions for additional information). WATER MAIN EASEMENT THIS Easement Agreement, made this 19th day of May , 20 20 betweenJose and Maria Aseguinolaza ("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 Meridian City Council Meeting Agenda May 19,2020- Page 26 of 150 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 relinouished. 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: Jose & Maria Asequinolaza Jose and Maria Asequinolaza t� STATE OF IDAHO ) ) ss County of Ada ) O This record was acknowledged before me on Ap (date) by Matias Aseguinolaza (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 Jose and Maria Aseguinolaza (name of entity on behalf of whom record was executed), in the following representative capacity: Power of Attorney (type of authority such as officer or trustee) a ERT C" n COMMISSION#25573 l�t�V NOTARY PUBLIC Notary Ognature STATE OF IDAHO 3 ,8 o2�p [MY COMMISSION EXPIRES 03/18J2028 My Co ission Expires: Water Main Easement Version 01/01/2020 Meridian City Council Meeting Agenda May 19,2020— Page 27 of 150 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 Version 01/01/2020 Meridian City Council Meeting Agenda May 19,2020— Page 28 of 150 EXHIBIT "A" DESCRIPTION FOR CITY OF MERIDIAN WATER LINE EASEMENT PREVAIL SUBDIVISION A portion of Government Lot 2 of Section 31, T.3N., R.1 E., B.M., 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 00"37'56" East, 2641.54 feet thence along the East-West centerline of said Section 31 North 89°57'28" East, 60.94 feet to a point on the East right-of-way line of S. Meridian Road, said point being the REAL POINT OF BEGINNING; thence leaving said East-West centerline and along said East right-of-way line 25.00 feet along the arc of a curve to the right, said curve having a radius of 57,235.78 feet, a central angle of 00001'30" and a long chord which bears North 00°18'59" East 25.00 feet thence leaving said East right-of-way line North 89057'28" East, 798.72 feet to a point on the easterly boundary line of that parcel of land as described in a Warranty Deed, recorded as Instrument No. 8845594, records of Ada County Idaho; thence along said easterly boundary line South 05035'32" East, 25.12 feet to a point on the East-West centerline of said Section 31; thence along said East-West centerline South 89057'28" West, 801.30 feet to the REAL POINT OF BEGINNING. N pSG�G a 7729 � q OF�pP G.CP Meridian City Council Meeting Agenda May 19,2020— Page 29 of 150 S25 S30 S36 S31 PREVAIL SUBDIVISION NO. 1 ���I ZWN� d0- -- -- -- --� 23 W C'O(0 W L :ZE V)r vi m zi JOSE ASEGUINOLAZA I N N89'57'28"E o 60.94' 1/4 C1 _ N89'57'28"E 798.72' S5'35'32"E - If�f-7LZIJ-��7--=ZI fJ 25.12' S89'57'28"W 801.30' C-W1/16 OF BEGINNING S36 S31 REAL POINT N89'57'28"E� 326.22' CURVE TABLE CURVE RADIUS LENGTH CHORD DIST. CHORD BRIG. DELTA C1 57235.78 25.00 25.00 NO'18'59"E 0'01'30" dv i AND %.vGENSFO sG�G cc7729 O F GY G. 25 100 400 0 50 200 600 SCALE: 1 " = 200' r 50, TH 5` 020 3: NO IDAHO EXHIBIT "13 " DRAWING FOR 79 15. 9955 W.EMERALD ST. CITY OF MERIDIAN WATER LINE EASEMENT SHEET NO. SURVEY BOI 840-8570 SE 704 (208) PREVAIL SUBDIVISION SUBDIVISION �8570 GROUP L LC LOCATED IN GOVERNMENT LOT 2 OF SECTION 31, T.3N., R.IE., B.M., DWG. DATE ADA COUNTY, IDAHO 4/15/2020 Meridian Uty Council Meeting Agenda May 19,2020— Page 30 of 150