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Gem Pep Meridian North Water Main Easement No. 2 (2020-138746) Item#12. iectName(Subdiyisionls ADA COUNTY RECORDER Phil McGrane 2020-138746 Gem Prep: Meridian North BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 10/16/2020 10:20 AM CITY OF MERIDIAN, IDAHO NO FEE Wpter Maiu]Easement Number: NO. 2 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 iQ_ day of 20: between Gem Prep:Meridian North,LLG ("Grantor"),and the City of Meridian,an Idaho Municipal orporation("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 Page'12'I Item#12. 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: Josh Femreite STAI OF iDmlBe j W,461b^16' ss County off ) t,3 f{17m11 This record was acknowledged before me on -/b• �date) by�-10-514 (r+ it'I2c%1 i c (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 GEM P(L�c Pgei DtfpJ /J(7R-tom (name of ntity on �e half of whom record was executed), in the following representative capacity: �41 t:F N gAj S p LC (type of authority such as officer or trustee) (stamp) Notary Signature �� / 20 Z My Commission Expires: `� 1 DIANNE L LOWE NO PUBLIC STATE OF WASHINGTON Lianas DMwdw V9234 y Commission Expires July 1.20n Water Main Easement Version 01/01/2020 Page 122 Item#12. 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 10-13-2020 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature My Commission Expires: 3-28-2022 Page 123 Water Main Easement Version 01/01/202 Item#12. -�'� �! FOX JHMH LAND SURVEYS engineering Exhibit A: Gem Innovation School—Water Easement Description No. 2 A portion of Parcel SO428325600 recorded as Warranty Deed Instrument No. 2019-073908, also shown on Record of Survey No. 12188 filed in Records of Ada County, lying in the Northwest 114 of the Southwest 114 of Section 28, Township 4 North, Range 1 West, Meridian City, Boise Meridian, Ado County, Idaho, more particularly described as follows. COMMENCING at the Southwest Corner of Section 28, monumented by a found 3 1/2-inch Brass Cap as described in Corner Record Instrument No. 2020-020779, from which the West 1/4 Corner of Section 28 bears North 01'00'44" East, 2630.80 feet, monumented by a found 2-inch Aluminum Cap, as described in Corner Record Instrument No. 2020-020780, A. Thence along the West Section line of Section 28, North 01°00'44" East, 1,315.33 feet to the Southwest corner of Parcel S0428325600 the South 1/161h Corner on the Section line between Sections 28 and 29, monumented by a found 1/2-inch rebar with no cap; B. Thence continuing along said Section line, North 01000'44" East, 774.50 feet to the Northwest corner of said Parcel, monumented by found nail and washer; C. Thence along the North line of said Parcel, South 89°21'13" East, 27.00 feet to the new East Right-of-Way of N. McDermott Rd.; D. Thence along said new East Right-of-Way, South 01'00'44" West, 23.50 feet to the new North Right-of-Way of W. Gem St.; E. Thence along said new North Right-of-Way, South 89021'13" East, 18.04 feet to the POINT OF BEGINNING; 1. Thence North 00038'47" East, 7.51 feet; 2. Thence South 89*21'13" East, 10.00 feet; 3. Thence South 00038'47" West, 7.51 feet to the new North Right-of-Way of W. Gem St.; 680 S. Progress Ave., Suite #2B • Meridian, Idaho 83642 • Tel: 208-342-7957 • Web: hrnh-Ilc.com Equal Opportunity Employer r:\projects\2020\s20D09 paradigm\s20009-01 gem charter\hmh docs\descriptions\water esmt no 2\description water easement no.2.docx Page 11 Page 124 Item#12. 4. Thence along said new North Right-of-Way, North 89°21'13" West, 10.00 feet to the POINT OF BEGINNING. Containing 75 square feet or 0.001 acres, more or less. See the Attached Water Easement No. 2 Sketch. �r4, A- LI.74 � 4 END OF DESCRIPTION LP Prepared By: y �. Timothy J. Fox, PLS 7612 Senior Project Manager TF:1R r:\projects\2C20\s20009 paradigm\s20009-01 gem charter\hmh docs\descriptions\water esmt no 2\description water easement no.2.docx Page 1 2 Page 125 Item#12. `6 29 a O 28 �F�c S cn cfD zu _0 x o U5. rn O to c r O r , r- t - _ (� h7 m AN �9 O p'�i� O • CL m �-f fi0 • rwa W. Gem Street a � Nva o � c r—v CD (A I •. ®0 0 1 2 :3 r � � r i QO m 0 cn r L64 N m n C • Z � M m 1 Z o D Z zED C m vc z z 0 o cn z D Z Z o : ZCnM o a 0 --1 �f -0 n mm0 d "' D_ g �. 0 �Zn m o m o w m MO N `''' z ... CD i j� : oo S89°21'13"E 18.04' ' CD 0 UQ • M18 rwa I J pa V) Lao m 0. N c� CD co A o to m X. rn z rn cn cn zco C7 N ow c°'np o Z m N N m n m w " w w y O CO :� :g m rn m Z r M 0 V 4 - m o a o z O Cn OD D D z Nd mo rl s 717 1 ri [Tf 0 o �29 28 W. McMillan Road 32 33 Page 126