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Gem Prep Meridian Water Main Easement No. 1 (2020-158711) Project Name/Subdivision ADA COUNTY RECORDER Phil McGrane 2020-158711 Clem Prep Meridian BOISE IDAHO Pgs=5 NIKOLA OLSON 11/19/2020 08:16 AM Water Main Easement No. I CITY OF MERIDIAN, IDAHO NO FEE 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 17th day of November,2020 between Building Hope Gala Court LLC ("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 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: TEXAS STATE OF I�} ) ss County of ) BFIXI . This record was acknowledged before me on 12r?2 (datc) by DRy Dgm t c O (name of individual), [complete the following if signing in a representative capacity, or strike the following if signing in are individual capacity] on behalf of _RU1LD(NG_ 4j0gC_(M_(A eOUe7, UC (name of entity on behalf of whom record was executed), in the following representative capacity: DQl54,TViZ OF WI L D1�L(type of authority such as officer or trustee) itope- 1CAP04 (stamp) ` ururq RA RES Notary Signature c ary Public,State f Tex 4 Comm.Expires 01- 24 My Commission Expires: Off' 0 491 C: Water Main Easement Version 01/01/2020 Item#7. GRANTEE. CITY OF MERIDIAN Robert E. Simison,Mayor Attest by Chris Johnson,City Cleric STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 11-17-2020 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Cleric, respectively. (stamp) Notary Signature My Commission Expires; 03-28-2022 Water Main Easement Version 01/01/2020 Page 133 Item#7. EXHIBIT"A" Description For MERIDIAN CITY WATER LINE EASEMENT GEM PREP MERIDIAN A portion of Lots 1 and 8, Block 2 of Gramercy Subdivision No. 1 as filed in Book 99 of Plats at Pages 12,619 through 12,622, records of Ada County, Idaho located in the NW 1/4 of the NE 1/4 of Section 20, Township 3 North, Range 1 East, Boise Meridian, Meridian, Ada County, Idaho being more particularly described as follows: Commencing at the NW corner of said Lot 8; thence along the North boundary line of said Lot 8 North 89046'02"East, 48.00 feet to the REAL POINT OF BEGINNING; thence leaving said North boundary line North 00013'58"West, 15.00 feet thence North 89046'02"East, 48.67 feet; thence South 00°13'58" East, 20,00 feet; thence South 89°46'02"West, 48.67 feet; thence North 00013'58"West, 5.00 feet to the REAL POINT OF BEGINNING. ENS�r�� 7729 G. Page 134 Item#7. GRAMERCY SUBDIVISION NO. 1 BLOCK 2 N89'46'02"E 48.67'T-- NW COR 35.00' r�I o LOT 8 a I w RPOB i olcn N89'46'02'E I m 48.00' rn - -- -1Nss� s'02"E-- - --J NOI 58'W_ 48.67' 5.00' J ENS�b'�� G at 7 729 u'.� p J 061wo,ro J L +,,��Gr� of: � C �Y G.0A� 2 10 40 0 5 20 60 SCALE: 1" = 20' EXHIBIT B DRAWING FOR19 "°' IDAHO -269 CITY OF MERIDIAN WATER LINE EASEMENT SHEET 1 8355 N.EM'cRA4D 6T, SHEET ND. SURVEY I �+ 08}8d0S 7$�"°� GEM PREP MERIDIAN GROUP, I...LC LOCATED IN THE NW Y4 OF'THE NE Y4 OF SECTION 20. DWC.DATE tM,RAE.,&M., ADA COUNTY,IDAHO I/15/2020 Page 335