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Fallon Greens Subdivision Water Main Easement No. 1 ESMT-2021-0099 (2021-138670) ADA COUNTY RECORDER Phil McGrane 2021-138670 BOISE IDAHO Pgs=5 CHE FOWLER 09/22/2021 08:17 AM CITY OF MERIDIAN, IDAHO NO FEE Fallon Greens Subdivision Water Main Easement No. 1 ESMT-2021-0099 WATER MAIN EASEMENT THIS Easement Agreement, made this 21st day of September,2021 between Hotel Developers-Boise, 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 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: Hotel Developers - Boise,L6 AZ41 Xw�"Zz� usty Lan on, Managing Member STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on 302A (date) by Rusty Landon (name of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of Hotel Developers-Boise LLC (name of entity on behalf of whom record was executed), in the following representative capacity: Managing Member (type of authority such as officer or trustee) (stamp) I TRACI L.WILKINSON otary Signature i NOTARY PUBLIC•STATE OF IDAHO My Commission Expires: COMMISSION NUMBER 27561 fMY COMMISSION EXPIRES 3-20-2027 .:aL:.%!yPi6.Y41:.•.••• Page 67 Water Main Easement Version 01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Si (so Ma 9-21-2021 f fr aQ,; )IAN'= . Z Attest by C is Johns�Clerk 9-21-2021 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 9-21-2021 (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 CHARLENE WAY ' My Commission Expires: 3-28-202 COMMISSION#67390 NOTARY PUBLIC } STATE OF IDAHO MY COMMISSION EXPIRES 3128122 Water Main Easement Version 0 1/0 1/2020 Item#3. AitmBiL=�-�� LAND SURVEYING I 3D SCANNING I DESIGN SURVEYING CIVIL AND STRUCTURAL ENGINEERING I MATERIALS TESTING FOR: Inntrusted LLC Meridian JOB No. 20-350 DATE: August 30, 2021 BY: AJS EXHIBIT A FALLON GREENS SUBDIVISION NEW 20' WATER EASEMENT NUMBER 1 Part of the NW%SE%Section 17 Township 3 North Range 1 East B.M.Ada County, Idaho described as: Commencing at the Southwest corner of Fallon Greens Subdivision Bk. 86 Pgs. 9780-9782;Thence, N 27° 13' 04" W along the Southerly line of said subdivision 237.78 feet; Thence; N 61° 58'41" E 32.16 feet,to the Point of Beginning;Thence, N 50° 10'49" W 28.86 feet;Thence, N 29°03' 28" W 82.49 feet;Thence, N 26° 16' 13" E 109.37 feet;Thence, S 84° 30'46" E 175.55 feet;Thence, S 04'25' 54"W 20.00 feet;Thence, N 84° 30'46" W 162.12 feet;Thence, S 26' 16' 13"W 85.08 feet;Thence, S 29°03' 28" E 68.27 feet;Thence, S 50° 10'49" E 33.27 feet; Thence, S 61'58'41"W 21.59 feet to the Point of Beginning. easement contains 0.17 acres. 800 W.Judicial Street• Blackfoot,Idaho 83221. Office Phone: 208.785.2977• Fax: 208.785.2990 101 S.Park Av Ste 210 • Idaho Falls,Idaho 83402. Office Phone: 208.524.0212• Fax: 208.524.0229 460 Lincoln Street•American Falls,Idaho 83211. Office Phone: 208.226.5764 rayc v� Item#3. EXHIBIT B NE COR SEC 17 Parcel B Fallon Greens POSITION CALCULATED 8 9 (ROS Inst. No. 107081167) FROM TIES PER 17 �16 Found 5/8" Iron Rod CP&F INST. NO. 99007475 Hubble Inc. 4131 Quitclaim Deed Inst. No. 2021-100117 Found 5/8" Iron Rod Found 1/2" Iron Rod With No Cap Found 5/8" Iron Rod With No Ca S 84°40'01"E S 84°40'01" E Marked P.L.S. 6901 p 2.09 00 S 89°10'10" E 442.48, z LO 31.09' 339.42'ROS Inst. No. 36.97' N N h S 26°26'59"W 107081167 S 89°39'39"W w 162.97' N 84°39'S9"VV CID 3.71' 736.44' E" �� ryoM L L S 84°30'46"E oo N L LLL ILL LLLL"TTTL O ° N 26'16'13" E L LL L L L L I L Ll175.5gI L L LL L L L L L LL ° „ � � 109.37' L �LLLLL_�uI _LLLLLLLLL S 4 25 54 W BLOCK 1 C' o Found 1/2" o� ^ BLOCK 1 84°30'46"W 20.00' LOT 1 o H N Iron Rod �' cD LOT 3 00 0 162.12 Found 1/2" Iron Rod w z N 17 S 62 46 03 W L L co bo o ty 30.64 Lyy`� BLOCK 1 With Illegible Cap U? P _j 00 LYCO S 29°03'28" E rn rn ii�6 IIILLL`\ r68.27' LOT 2 Deed Inst. No. 107087495 N N QILL o N 29°03'28"W � LLLL LL LL S 50'10'49" E ROS Inst. No. 107081167 0 z 82.49' 00 LLLL 33.27' ROS Inst. No. 99101824 LLLL Found 1/2" Iron Rod LLLLL 21.59' With No Cap Found 1/2" Iron Rod O N 50'10'49"W CRM 28 86' N61058'41"E 53.75' i E 1/4 COR SEC 17 AMENDED MAGIC 32.16' POSITION CALCULATED VIEW SUB Ni�� FROM TIES PER o FALLON GREENS CP&F INST. NO. 99007476 BLOCK 1 0 SUB LOT 23 EASEMENT AREA CONTAINS 7405 SQUARE FEET, '06, o d o O L() C) D`3 P z Found 5/8" Iron Rod �Q, L E G E N D Marked P.L.S. 11120 Section Corner Control Found 5/8" Iron Rod F� LAN Marked P.L.S. 11120 �� ���� D S� Placed 1/2"X 24" Iron rod with cap marked o F P.L.S. 12224 � o � ` 2 4 Found Iron Rod as shown A= 3°44'56" ept 7,2021 O R= 3669.72' TF F 0P� — — Easement Side Line L =240.11' LC= 240.06 G. S��F� LLLLLLLLLLLLL New 20' Water Main LLLLLLLLLLLLL S53°56'18"W Easement Number 1 Found 5/8" Iron Rod A-LD DRAYM er DEEIGNe CHECKaY EXHIBIT B Ass HLE CGS S ENTRIH—RAL H.—R.No INNTRUSTED LLC MERIDIAN , 0 2020-SW MATERIALS TESTING 6 LANO URVEVINS101 S.ParkAvenue,Idaho Falls,ID 83402,(208)524-0212 DATE SepteITher M 2021 800 W.Judicial Street,Blackfoot ID 83221.(208)785-2977 REV 1-S DATE hleinccom 460 Lincoln Slreel,American Falls,ID 83211,(208)226SEC.17,T.3 N.,R.1 E.B.M.ADA COUNTY,IDAHO —YRIGHT© I-,2-HLE ALL RIGHTS RESERVED, rage 70