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Shelburne East No. 3 Water Main Easement No. 1 (2020-165697) ADA COUNTY RECORDER Phil McGrane 2020-165697 BOISE IDAHO Pgs=5 KRISTINA LOWRY 12/02/2020 02:15 PM CITY OF MERIDIAN, IDAHO NO FEE Proiect Name(Subdivision). SHELBURNE EAST NO 3 Water Main Easement Number: #1 Identify this Easement by sequential number if Project contains more than one Water Main casement. See Instructions for additional information). WATER MAIN EASEMENT THIS Easement Agreement, made this 1 St day of December20 20 between Shelburne Properties, 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 0 1/0 1/2020 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: STATE OF IDAHO ) ss County of Ada ) This record was acknowledged before me on (c a (date) by 4�0,(\du, Iariq 6 name of individual [complete the ollowin is representative capacity, or strike the following if signing in an individual capacity] on behalf of 15 h ZAurn LTYI)O}M LLC (name of entity on behalf of whom record was executed), in the following representative capacity: rn cM a 11i 1v1 (type of authority such as officer or trustee) (stamp) lry ign ture MEGHAN E SMITH Comm sion Expires: NOTARY PUBLIC-ARIZONA MARICOPA COUNTY qW COMMISSION#578551 MY COMMISSION EXPIRES March 9,2024 Water Main Easement Version 01/01/2020 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 12-1-2020 (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 page 80 Item#6. Legal Description City of Meridian Water Easement Shelburne East Subdivision No. 3 An easement located in the NW '/4 of the SE % of Section 28, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at an Aluminum cap monument marking the northeast corner of said SE '/4 (East '/4 corner) of Section 28, from which an Aluminum cap monument marking the southeast corner of said SE '/ bears S 0026'04" W a distance of 2656.38 feet; thence along the northerly boundary of said SE % N 89°23'16" W a distance of 1801.68 feet to a point; thence leaving said northerly boundary S 0036'44" W a distance of 803.29 feet to the POINT OF BEGINNING; Thence N 75026'03" E a distance of 22.76 feet to a point; Thence S 14°33'57" E a distance of 103.88 feet to a point; Thence N 75°26'03" E a distance of 29.20 feet to a point on a curve; Thence a distance of 20.81 feet along the arc of a 55.00 foot radius non-tangent curve left, said curve having a central angle of 21°40'42" and a long chord bearing S 0013'44" W a distance of 20.69 feet to a point; Thence S 75026'03" W a distance of 43.92 feet to a point; Thence N 14033'57" W a distance of 103.88 feet to a point; Thence S 75026'03" W a distance of 4.23 feet to a point; Thence N 10'21'36" W a distance of 20.05 feet to the POINT OF BEGINNING. This easement contains 3,065 square feet (0.070 acres) more or less and is subject to any other easements existing or in use. ONp L LAND Clinton W. Hansen, PLS \T R Gp� Land Solutions, PC `� November 11, 2020 11118 �ll +20� z 9 P �jiL TF 0 TON W . HP Shelburne East Subdivision No. 1 r1J'ld- 01'L1Jor15 Ingress-Egress Common Driveway Ease Q_�' land Surveying and Consulting Job No. 18-84 Page 1 of 1 Page 81 Item#6. CITY OF MERIDIAN WATER EASEMENT SHELBURNE EAST SUBDIVISION NO. 3 LOCATED IN THE NW 1/4 OF THE SE 1/4 OF SECTION 28, T.3N., R.1E., B.M. MERIDIAN, ADA COUNTY, IDAHO _ N89'23'16"W 2656.47' 28 27 CEN 1/4 854.79' 1801.68' - 1/4 1 I 1 1 I m 00 'O - I � I O 00 I M 1 POINT OF N75'26'03"E N BEGINNING 1 22.76' I - -; �I N10-21'36"W_.,_j % 3,065 SF w 20,05' 1 1�, 0.070 ACRES 1 11 a S75'26'03"W 1 w v) o 4.23' ;y �� a I I V)I N75'26'03"E / 1 T 1 w 29.20' O S75'26'03"W ¢o No LA/yD 1 1.- 43.92' G\ S R 'per I o \ Cl 11118 ; V' OF �5� 0' 30' 60' 120' E. AMITY ROAD 28 27 ON W.NP 33 34 CURVE TABLE ut�r� CURVE # LENGTH RADIUS DELTA BEARING CHORD Land Surveying and Consulting 231 E.5TH ST.,STE.A C1 20.81' 55.00' 21'40'42" SO'13'44"W 20.69' MERIDIAN,ID 83642 (208)286-2040 (208)288-2557 fax mm.landsolulions.biz J08 W, 18-84 Page 82