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Idaho Fitness Factory Water Main Easement No. 1 (2021-046526) Proiect Name(Subdivision): ADA COUNTY RECORDER Phil McGrane 2021-046526 Idaho Fitness Factory BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 03/24/2021 09:45 AM CITY OF MERIDIAN, IDAHO NO FEE Water Main Easement Number; Identify this Easement by sequential number if Project contains more than one Water Main easement. (Sea Instructions for additional information), WATER MAIN EASEMENT THIS Easement Agreement, made this 23rd day of March , 20 21 between I FF 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 i Grantee the right-of-way for an easement for the operation and maintenance of water mains 3 over and across the following described property: (SEE ATTACHED EXHIBITS A and B) I 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 E 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 Item#3. 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: f Its Mana r Cote/ o `�`r;,� STA OF IDAHO } } ss County of Ada } This record was acknowledged before me oj E� 2 � (date) by t (name of individual), [complete the following i signing in a representativ capacity, or strike the following if signing in an individual capacity] on behalf of IFF Properties, LLC (name of entity on behalf of whom record was executed), in the following representative capacity: Manager (type of authority such as officer or trustee) ! (stamp) KEW VM HOUYEN No Si afore No7ARY PUBm.STATE OF IDAM gn co►,+MissloNNuµKR478M My Commission Expires: W c0MMWg N EXpfts 8•14.2o24 Page 84 Water Main Easement Version 01/01/2020 Item#3. GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 3-23-2021 Attest by Chris Johnson, City Clerk 3-23-2021 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 3-23-2021 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. i 3 (stamp) Notary Signature My Commission Expires: 3-28-2022 s i i Page 85 Water Main Easement Version 01/01/2020 Am March 8,2021 Project No.20-006 City of Meridian Water Easement Legal Description Exhibit A A parcel of land for a City of Meridian Water Easement over a portion of Lots 7 and 8,Block 2, Paramount Square Subdivision(Book 109,pages 15,586-15,588),situated in a portion Section 25,Township 4 North, Range 1 West, Boise Meridian,City of Meridian,Ada County, Idaho and being more particularly described as follows: Commencing at a found brass cap markingthe Southeast corner of said Section 25,which bears S00°22'56"W a distance of 2,640.03 feet from a found aluminum cap marking the East 1/4 corner of said Section 25,thence following the easterly line of said Section 25, N00°22'56"E a distance of 48431 feet; Thence leaving said easterly fine, N89'37'04"W a distance of 38.00 feet to the Northeast corner of said Lot 8; Thence following the northerly boundary line of said Lot 8, N89°37'04"W a distance of 132.24 feet to the POINT OF BEGINNING. Thence leaving said northerly boundary line,S00"24'52"W a distance of 15.00 feet; Thence N89'37'04"W a distance of 15.50 feet; Thence S00°22'56"W a distance of 132.64 feet to the northerly line of an existing Cross Access, Public Utility, Sewer and Water Easement(per Inst.No,2016-039399); Thence following said northerly line, N89'37'04"W a distance of 20.00 feet; Thence leaving said northerly line, N00°22'56"E a distance of 147.64 feet to the northerly boundary line of said Lot 7; Thence following the northerly boundary line of said Lots 7 and 8,S89'37'04"E a distance of 35.51 feet to the POINT OF BEGINNING, Said parcel contains 3,185 square feet,more or less,and is subject to all existing easements and/or rights-of- way of record or implied. All subdivisions,deeds, records of surveys and other instruments of record referenced herein are recorded documents of the county in which these described lands are situated in. Attached hereto is Exhibit B and by this reference is made a part hereof. pL LA why\ r,E S£0 SG�` o � 62 3 10 zl Page 86 9233 West State street • Boise, Idaho 83714 9 208.639.6939 • kmangllp.com \AGREEN\KM ENGINEERING\KM GENERAL-REMOTE WORK\PROJECT\20-006\CA6\SURVEY\EXHIBIT5\20-006 WATER EASEMENTZWG,ALEX GREEN,3/B/2021, KYOCERA TASKALFA 25500 SUP Item#3. 0 I -- - - - - - - - - - - - - - PROPF ay .a o rn r I0 ta � z r 0 *1 A W I n c m LAr.�t �y IIV O� 5 0 Ln K� p n 0 " ID 00 to Q LA u �, I o mS I � I I rw 0 0J �z c� � I I M N00'22'56"E" 147.64' 'm I I I I I M S00'22'56"W 132.64' � o c0a, o V Co CT �ytb � lp ° XCm � ao 0 M X zC � V _ Iz a o i � Q c doc v m.0 ()a 0 O 0 nu O N rTJ Z rc�O m rI m rn m'r CJi V GO C7 of m Z v {/} � MyaN r m v �? cn z rh Z roCL +: z m m m z c 17.5' !n. z z v z n 02 P CROAoRNt40R N � a ST. - 21 Cs�M z z rm mf/1 O M O NZ n 01 rl c I -P Ca 00 Q [Q '0 )a GJ �v �com 0 0 1w z — I — n rn N D Z Cn-0-1 W N Q1 N Ln _ 484.51_ _ _ _ — ,1 2155.52' Ln eM Fes, Wo — — N00'22'56"E 2640.03' [�— BASIS OF BEARINGS o r'' o N. Meridian Road Z � > � n m [n v Z Z O m N m m a Exhibit B m = 2r v 1 �p D N �' City of Meridian Water Easement C'Z! O n N m -C7 m w A m A portion of Lots 7&8, Block 2, Paramount Square Subdivision, a = a Section 25,Township 4 North, Range 1 West, B.M., Meridian,Ada Count Page 87 Item#3. 35.51 189°374)4"e ..i 8 -wIIJ IS-% h O� VY � m o ^ 0 m i I j i 1 I i f all9'3TWtir 20,0p Title: City of meridian Water Easement TDat�: 03-08-202.1 � Scale: 1 inch= 30 feet File: Tract 1: 0.073 Acres: 3185 Sq Feet:Closure=n89.4217w 0.00 Feet: Precision=1/234164 Perimeter=366 Feet 001=s00.2452w 15.00 004=n89.3704w 20.00 002=n89.3704w 15.50 005=n00.2256e 147.64 003=s00.2256w 132.64 006-s89.3704e 35.51 Page 88