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Millbrae Subdivision Water Main Easement No. 1 (2020-151117) ADA COUNTY RECORDER Phil McGrane 2020-151117 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 11/05/2020 12:13 PM Proiect Name(Subdivision): CITY OF MERIDIAN, IDAHO NO FEE MILLBRAE SUBDIVISION Water Main Easement Number: 1 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 4th day ofNovember 20 20 between Challenger Development Inc ("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 Item#5. 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: STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on Ot*,9+ n (date) by r ( r k�✓► (name of individual), [complete the fallowing if signing in a representative clypacity, or strike the fallowing if signing in an individual capacity] on behalf of rLal - (name of entity on behalf of whom record was executed), in the following representative capacity: (type of authority such as officer or trustee) (stamp) `��1�1111111fIH���I/ Notary Signature _ \\�����'�RLI�KALr�s/���*��' My Commission Expires: MY COMMISSION ; ? EXPIRES 645.2022 ; 24, ��llllll i 1I1411111���� Water Main Easement Version 01/01/2020 Page 68 Item#5. 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 11-4-2020 (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 Water Main Easement Version 01/01/2020 Page 69 Item#5.' EXHIBIT A DESCRIPTION FOR MILLBRAE SUBDIVISION CITY OF MERIDIAN WATER EASEMENT A portion of the SE 1/4 of the SE 1/4 of Section 4, T.3N., RAW., B.M., City of Meridian, Ada County, Idaho more particularly described as follows: Commencing at the SE corner of said Section 4 from which the S1/4 corner of said Section 4 bears North 89°17'17"West, 2,650.06 feet; thence along the South boundary line of said Section 4 North 89*1Tl7"West, 537.17 feet; thence leaving said South boundary line North 00037'45" East,48.00 feet to the REAL POINT OF BEGINNING; thence North 08010'09" East, 123.61 feet; thence 20.21 feet along the arc of a non-tangent curve to the left, said curve having a radius of 52.00 feet, a central angle of 22015'46"and a long chord which bears South 86°53'34" East, 20.08 feet; thence South 08'10'09"West, 122.76 feet; thence North 89°17'17"West, 20.17 feet to the REAL POINT OF BEGINNING. ENS�� 7729 0 Zo qd>:VIDAP�'_ G. Page 70 Item#5. W. QUAKER RIDGE ST. +I C1 f f z0.0'1 m I BLOCK 2 N� N Q N r- 1 6 f � o � b z 1� II O RPOB 1 21 Id in `� o N89'17'17"W Ini:aj20.17' 0 z: 1/4 S.4 �- - _ _ _ 2112.89' 537.17' _ +4S N89'17'17"W 2650.06' BASIS OF BEARING W. CHERRY LANE CURVE 'FABLE CURVE RADIUS LENGTH CHORD DIST. CHORD SRS. DELTA C1 52.00 20,21 20.08 S86'53'34"E 2215-46" G � O I 7729 �'��Il�jZoty ,ro OF GAY G.C P� 25 100 05 50 150 SCALE: 1" = 50' w1b—Sub e4WS C—, re) WAT A Fl.V d. 4 16 2020 11j,3 au EXHIBIT __ DRAWING FOR J9 NO, IDAHO MILLBRAE SUBDIVISION SHEET HEET N 8955 W.EMERALD ST. NO. SURVEY BCISE.IDAH033704 CITY OF MERIDIAN WATER LINE EASEMENT 1 GROUP LLLr LCCATED IN THE SE 1/4 OF THE SE 1/4 OF SECTION 4. T.3N,� R.1W., SOME IaERIDIAN, DWG. DATE 1 CITY OF MERIDIAN, ADA COUNTY. IDAHO Page 71