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Sky Mesa Subivision No. 4 Water Main Easement (2021-035266) ADA COUNTY RECORDER Phil McGrane 2021-035266 BOISE IDAHO Pgs=5 KRISTINA LOWRY 03/04/2021 01:18 PM Proket Name(Subdivision): CITY OF MERIDIAN, IDAHO NO FEE Sky Mesa Subdivision No. 4 Water Main Easement Number: 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 2nd day of March 2021, between Sky Mesa East, 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 Sky Mesa 4 Water Main Easement Version 01/01/2020 i i yl I 9 i {a i 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. 1 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. : E 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: SKY MESA EAST,LLC a 3 1 1 Ja es H.Hunter,Ma ager i 'TATE OF IDAHO ) ss County of Ada ) i I This record was acknowledged before me on_� 2021,by James H. Hunter on behalf of Sky Mesa East, LLC, in the following representative capacity: Manager. I 6aCMOrIELD WTSIt11N#40616 NOTARY PUBLIC Notary Signature STATE OF IDAHO My Commission Expires: MY COMMISSION FINES 09/02/2021 i 1 i i i s Sky Mesa 4 Water Main Easement Version 0 1/0 1/2020 i Item#6. GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 3-2-2021 Attest by Chris Johnson, City Clerk - - 021 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 3-2-2021 (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 Sky Mesa 4 Water Main Easement Version 01/01/2020 Page 78 Item#6. EXHIBIT A Legal Description City of Meridian Water Main Easement Sky Mesa Subdivision No. 4 An easement located in the NE '/4 of Section 32, T.3N., R.1 E., B.M., City of Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at an Aluminum Cap monument marking the SE corner of said NE '/4, from which an Aluminum Cap monument marking the NE corner of said NE '/4 bears North 0°13'21" East a distance of 2677.54 feet, Thence North 66022'38" West a distance of 520.43 feet to the POINT OF BEGINNING; Thence a distance of 30.82 feet along the arc of a 71.00 foot radius non-tangent curve left, said curve having a central angle of 24°52'02" and a long chord bearing South 56°07'23" West a distance of 30.57 feet to a point; Thence North 0°11'16" East a distance of 17.13 feet to a point; Thence South 89048'44" East a distance of 25.33 feet to the POINT OF BEGINNING. Said easement contains 183 square feet more or less and is subject to any other easements existing or in use. Clinton W. Hansen, PLS NPL LAN,o Land Solutions, PC X 0 February 8, 2021 5 —,S TEp` 0 11118 X 19TF 0 F TON W NPR Sky Mesa 4 Sewer and Water Easements La olution Land Sunmying and Consulting Job No.20-29 Page 1 of 1 Page 79 EXHIBIT B Item#6. CITY OF MERIDIAN WATER MAIN EASEMENT - EXHIBIT SKY MESA SUBDIVISION NO. 4 29 N89-43'43"W 2656.26' 29 28 1/4 . — . — . 32 E. AMITY RD. 32 33 , 'A � un un POINT OF N W 25.33' BEGINNING i N m S89'4844'E EASEMENT 1 �o — 163 SFr- - -- / N011'16"E G` I zLn --17.13' IV1 Ti/4 0 V �/)" H S . BCD oe�S r _ w Ii N CURVE TABLE N CURVE LENGTH RADIUS DELTA BEARING CHORDco Ct 30.82' 71.00' 24'52'02" S56-07'23"W 30.57' / CD M I 32 33 E, LAKE HAZEL RD, 5 4 \ONIkL LA Afo Tf �L O 11118 .iyr?'F OF ���5� Lan ?Iu o' tlons 90' 180' 360' pN WNP Landveying and Consulting 231 E.5TH ST,STE A MERIDIAN-ID 83642 (208)288-2040 (208)288-2557 fax wmi.landsolutions.biz JOa NO 20-29 Page 80