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Volterra North Commercial Subdivison Water Main Easement (2017-113231) 7/15/2020 i ADA COUNTY RECORDER Christopher D. Rich 2017-113231 BOISE IDAHO Pgs=5 VICTORIA BAILEY 11/28/2017 11:07 AM CITY OF MERIDIAN, IDAHO NO FEE WATER MAIN EASEMENT THIS INDENTURE, made this day of A0. ,20_L7between Bridgetower Investments,LIiC the parties of the first pant, and hereinafter called the GRANTORS, and the City of Meridian,Ada County, Idaho,the party of the second pant, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTORS desire 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, service and subsequently connect to said pipeline from time to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTORS, and other good and valuable consideration, the GRANTORS do hereby give, grant and convey unto the GRANTEE the right-of-way for an easement over and across the following described property: (SEE ATTACHED EXHIBIT 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, replacement and subsequent connection 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,performing maintenance,replacements or subsequent connections to the water mains,GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such procedures. 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. A7 Water Main Easement REV.08/15/16.doc THE GRANTORS hereby covenant and agree that they 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 GRANTORS hereby covenant and agree 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 a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do 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 parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Manager 398 E. Copper Ridge St. Meridian, ID 8364 STATE OF IDAHO ss. County of Ada Onthis-T+h day of 20 before me,the undersigned, a notary public in and for said state personally appeared Mike, Wylhkwt known or identified to in&to be the mapaw of the Limited Liability Company that executed the instrument or the person who executed the instrument on behalf of said Limited Liability Company and acknowledged to me that such Limited Liability Company executed the same. In witness whereof,I have hereunto set my hand and seal the day and year in this certificate first above written. �Ax NOTARY PUBLIC FOR DAH--0 Residing at: Commission Expires: 314- Water Main Easement REV.08/15/16.doc GRANTEE: CITY OF MERIDIAN Tammy e—Wd,Mayon Att&by C. Coles, City Clerk Approved By City Council On: // Z 2?17 LI STATE OF IDAHO, : ss County of Ada On this day of Mbg e 1- 20_LL,before me,the undersigned,a Notary Public in and for said State,personally appeared Tammy de Weerd and C.Jay Coles,known to the 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. NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: 3 A A Water Main Easement REV.08/15/16.doc PARCEL DESCRIPTION Date: October 31,2017 CITY OF MERIDIAN WATER EASEMENT A parcel of land being a portion of the NEI/4 NEIA of Section 34,Township 4 North, Range 1 West,Boise Meridian, City of Meridian,Ada County, Idaho,more particularly described as follows: COMMENCING at the northeast comer of said Section 34,monumented by a 5/8"rebar (Comet Record No. 108122909),fi-oin which the NIA6 corner common to Sections 34 and 35,monumented by a 5/8"rebar, bears South 00'5246"West, a distance of 1315.57 feet; Thence South 00'52'46"West, coincident with the east line of said NEIA NE1/4, a distance of 219.00 feet; Thence North 89'07'14"West,perpendicular to said east line, a distance of 46.00 feet to the westerly right of way line of N. Ten Mile Road and the POINT OF BEGINNING; Thence South 00'52'46" West, coincident with said westerly of right of way line,a distance of 2000. feet-, Thence North 89'07'14" West,perpendicular to said east line, a distance of 33.00 feet; Thence North 00'52'46"East,parallel and,offset 3300 feet westerly of said westerly right of way line, a distance of 20.00 feet, Thence South 89'07'14"East,perpendicular to said east line, a distance of 33.00 feet to the POINT OF BEGINNING. The above described parcel contains 660 square feet or 0.015 acres,more or less. Together with and subject to covenants,easements, and restrictions of record. The basis of bearings for this parcel is South,00052'46"West between the northeast corner of Section 34 and the NI11 6 corner common to Sections 34 and 35. K-evin M. Borah,P.L.S. License No. 10561 End of Description 1/17 of SKETCH FOR LEGAL EXHIBIT CITY OF MERIDIAN WATER EASEMENT A PARCEL OF LAND BEING A PORTION OF THE NE114 NE114 OF SECTION 34, T. 4 N., R. 1 W., BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, ID.AHO 201 7 I i POMT'OF COMMENCEMENT NE CORNER SECTION 34 i i i PROPOSED VOLTERRA NORTH N COMMERCIAL SUBDIVISION BLOCK 1 POINT OP BEGINNING' Sri S89'07'14"E 3300' N89'07'14"W 46.00' .o 0 cCDV' N d- 660 S.F ' t0.015 AC. ' o N89'07'14"W 33,00'' Z i i N1116 CORNER SECTIONS 34&35 apt LAND O � d 0591 N Hlracilic !. £ OF 0 Y 2141 W Airport Way,Ste 144t Balsa,ID 83705 N M. 208-342-5400 i=ax 208-342-5353 NOT TO SCALE www.whpacific.com LSP.C.S., GRID NORTH'