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Bainbridge Subdivision No. 12 Water Main Easement No. 2 (2021-102387) ADA COUNTY RECORDER Phil McGrane 2021-102387 BOISE IDAHO Pgs=6 CHE FOWLER 07/07/2021 10:12 AM ProkTt Nantc{Su(xdit`isinna CITY OF MERIDIAN, IDAHO NO FEE Bainbridge Subdivision No. 12 Water fltain Easement Number: 2 ldentil°y this Easement by sqnenntial antnekaer irl'roject contains mare than one Walcr Main casement. (See Instrueliaansa"aradditional information). WATER MAIN EASEMENT THIS Easement Agreement, made this 6th day of MY , 20 21 between Brighton Development Inc. ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a water main right-tit-way across the premises and property hereinafter particularly bounded and described, and WHEREAS, the water maim 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 casement for the operation and maintenance of water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) Tile 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 Grantec, 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 alter 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 casement 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 casement 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. T14E 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: ST TE OF DAHO ) } ss County of Ada ) This record was acknowledged before me on (date) by Jonathan D. Wardle (name of individual), [complete the fellawing f f'signing in a representative capacity, or strike the following f 'signing in an indh4dital capacity] on behalf of Brighton Development Inc. (name of entity on behalf of whom record was executed), in the following representative capacity: President (type of authority such as officer or trustee) DONNA WIL ON COMMISSION#67674 otary Signature NOTARY PUBLIC S STATE OF IDAHO My Commission Expires: Water Main Easement Vcrsion 01/01/2020 page 102 Item#3. GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 7-6-2021 Attest by Chris Johnson, City Clerk 7-6-2021 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 7-6-2021 (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 Water Maul Easement Version 01/01/2020 page 103 Item#3. E N G I N E E R I N G June 17,2021 Bainbridge Subdivision No. 12 Project No.20-145 Legal Description Exhibit A A parcel of land for a City of Meridian Water Easement situated in a portion of the Northeast 1/4 of the Northeast 1/4 of Section 27,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 aluminum cap marking the North 1/4 corner of said Section 27,which bears N89"17'35"W a distance of 2,647.29 feet from a found aluminum cap marking the Northeast corner of said Section 27,thence following the northerly line of said Section 27, S89'17'35"E a distance of 1,455.78 feet; Thence leaving said northerly line,SOO°42'25"W a distance of 1,055.71 feet the POINT OF BEGINNING. Thence S89"15'45"E a distance of 3.51 feet to the westerly boundary line of Lost Rapids Subdivision (Book 119 of Plats, Pages 18,496-18,501); Thence following said westerly subdivision boundary line,SOO'42'24"W a distance of 2.29 feet; Thence leaving said westerly subdivision boundary line, N89°17'36"W a distance of 6.61 feet; Thence N54'08'43"E a distance of 3.85 feet the POINT OF BEGINNING. Said parcel contains 12 square feet, more or less, and is subject to any existing easements and/or rights- of-way of record or implied. All subdivisions, deeds, records of survey, and other instruments of record referenced herein are recorded documents of the county in which these described lands are situated. Attached hereto is EXHIBIT B and by this reference is hereby made a part hereof. \opt LANp6' 44, \,\G E N SEA Gam` � �'`'r 4 i` 1,6662 sl �q OF 5725 North Ui;cuvery Way • BeEte, €daho 83713 • 203.639.6939 • kniengllp.cam Page 104 �feRl#3. CAD\5URVEY\EXHIBIT5\20-145 CITY OF MERIDIAN WATER EASENI ENT AOTL.OWG,BILL HYNSON,611712021,QLVG TO PDF.PC3,08.5X11 L IPOFI z -7ULl N O N 0 z N 1 41 J z O O Zb n z (] M in CO W � � Q W Z z n Z z Oo �! � N CO M z v m cn > - 0 v Ln C JI Cn C n fTl S00'42'25"W .I -o 1055.71'(TIE) cofD —. N M O w o Lnc z c CJ1 � N G7 Q Ln � o C I I N rT1 I N I O O 0 0 0 n r* n r-+ 0 T. rj I Uj I-s F� I3 I o I In I - f I � � m n I m I L ® O I CL I <' I o; o 00 c„ I 0 I � Z I � 0 0 00 m n r z m —ni o z PRQFF O O 0 o Iz D z z rs 1S `f r t i y M r r m �c Cy) rl C7 m m O CV) z _ o NNJ N � o� o .I C7 v N W IQ M Q a Q� � Q1 W m Ln a r Exhibit B a o y � Ymr'I y r, xz°0- �� City of Meridian Water Easement =o=z t =rim TI Situated in a portion of the NE 1/4 of the NE 1/4 of Sec. 27, { z T.4N., R.1W., B.M., City of Meridian, Ada County, Idaho a r.� Page 105 Item#3. 3.51 s89°15'45"e n c, O� o ry 0 n n89°!7'36"w 6.61 Title: Date:06-17-2021 Scale: I inch =2 feet File: Tract 1: 0.000 Acres: 12 5q Feet:Closure=s78.1109e 0.01 Feet: Precision=1/2097: Perimeter= 16 Feet 001=s89.1545e 3.51 003=n89.1736w 6.61 002=s00.4224w 2.29 004=n54.0843e 3.85 Page 106