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Northpoint Recovery Center Water Main Easement ESMT-2021-0080 (2021-138672) ADA COUNTY RECORDER Phil McGrane 2021-138672 BOISE IDAHO Pgs=6 CHE FOWLER 09/22/2021 08:18 AM CITY OF MERIDIAN, IDAHO NO FEE Northpoint Recovery Center ESMT-2021-0080 WATER MAIN EASEMENT— THIS Easement Agreement, made this 21st day of September , 20 21 between Pine 43 Holdings,LLC ('Grantoe'),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 to 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 LNDERSTOOD 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#5. 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: bNtn STATE OF 4BAMO ) 4a,mjI-�m) ss County of A& ) This record was acknowledged before me onJuCkIZI,2ozi (date) by JaSoyj 126RdeA ttSh (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 Pine 4,; A,) SS.LL-C (name of entity on behalf of whom record was executed), in the following repre e� ntative capacity: Pre l&II:L (type of authority such as officer or trustee) (stamp) i PF;I/iL S .,,� KELLEY JO KONIECZKO Notary Sig ture N 0 TA R Y.P U B L(C My Commission Expires: Z� Z022 f' =STATE OF OHIO Comm. Expires 04-22-2022 Recorded in Warren County ���rrrrrrtntu����� Water Main Easement Version 01/01/2020 page 79 GRANTEE: CITY OF MERIDIAN Robert t. Simi on, ay o ,,21-2021 SEAT. Attest by Chr' Johnson, " `' Jerk 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 3-28-2022 cHA� ENE wav COMMISSION a 67390 � M Commission Expires: NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 3128122 € Water Main Easement Version 01/01/2020 b G N V 5 Delivering Solutions Improving Lives i R July 11, 2021 EXHIBIT A WATER MAIN EASEMENT LEGAL DESCRIPTION I A parcel of land located in the NW1/4 of Section 8, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Idaho, and being a portion of Pine 43 Parcel B as shown on E Amended Record of Survey No. 12629, Instrument No. 2020-168182 recorded on December 7, 2020 in the Office of the Ada County Recorder, and being more particularly described as follows: i F COMMENCING at a found 2.5" aluminum cap stamped "PLS 7880"for the C1/4 Corner of said Section 8, (Corner Monument Record 2019-055315), WHENCE a found 3.5" brass cap for the E1/4 Corner of said Section 8, (Corner Monument Record 2020-052069), bears South 89054'47" East a distance of 2615.03 feet; THENCE North 00033'41" East a distance of 45.21 feet to a found 5/8" rebar and yellow plastic i cap stamped "JUB PLS 16642" a point conterminous with the northerly Right of Way line of E. Pine Avenue and identical to the southeast corner of said Pine 43 Parcel B; THENCE coincident with the southerly line of said Pine 43 Parcel B, South 89053'41"West a distance of 230.60 feet to the POINT OF BEGINNING; ; THENCE coincident with the southerly line of said Pine 43 Parcel B, South 89°53'41"West a distance of 20.00 feet; THENCE leaving said southerly line of said Pine 43 Parcel B, North 00°12'0"West a distance of 18.36 feet; E i THENCE South 89054'19"West a distance of 60.25 feet; THENCE North 00023'59" East a distance of 167.42 feet; THENCE South 89°36'00" East a distance of 29.50 feet; I THENCE South 00023'59"West a distance of 20.00 feet; 4 THENCE North 89036'00"West a distance of 9.50 feet; THENCE South 00°23'59"West a distance of 127.24 feet; THENCE North 89055'00" East a distance of 60.04 feet; THENCE South 00012'00" East a distance of 38.34 feet to the POINT OF BEGINNING. I 690 S.Industry Way;Ste 10 • Meridian, ID 83642 • T 208.342.5400 • F 208.342.5353 • www.NV5.com Page 81 Item#5. r WHPaC1fiC t The above described parcel contains 5106.26 square feet or 0.12 acres, more or less. The basis of bearing for this parcel is South 89054'47" East between the Center 1/4 corner and the East 1/4 corner of said Section 8. 6 E Robert Gromatzk . P.L.S. License No. 17216 End of Description SAL IAArb K C6 172,16 kk f 6 fF f. I f f G l F 1 J t Page 82 r [Item#5. - - — - f LX IBIT B SCALE6 80 0 40 80 160 4 ( FEET ) 1 INCH = 80 FT. d a PARCEL 3 RECORD OF SURVEY NO. 11291 INSTRUMENT NO. 2018-024368 MARCH 19, 2018 �S89'34'23"E 32.38' E, STATE AVENUE n 759.50' T WATER&SEWER MAIN EASEMENT --SO'00'00"E 9,003 SQ FT, /N 0.21 ACRES o N90'00 00 E 130.24 o Z N90'00'00"W 142.47' AMENDED RECORD OF SURVEY NO. 12629 INSTRUMENT NO. 2020-168182 r N co o PLAT OF T 04 GEMTONE CENTER NO, 5 S89'36'01"E 29.50' N 3 BK, 90, PG 10575 o —SW23'59"W 20.00' N z BLOCK 5 LOT 2 S89'33'58"E B.93' N8936'01"W 9.50' NO'26'00E 20.00' N N69'33'58"W 8.47' 0��1pL MHO N WATER MAIN EASEMENT �► . --5,106 SQ FT �S GF.1404p 0.12 ACRES N8933'58"W 28.93' o o �� V�T1 0z w M POINT OF `2 J Ca. 17216 m vi o BEGINNING v' N89'55'00"E 60.04' z SOI VOTE 38.3,V POINT OF z' 5/ " REBAR AND CAP T ffi BEGINNING JUB 11334 S8953'41"W 230,60' _ LOT 1 r S8954'19"W 60.25' VS89'53'41"W 20.00' NO'33'41"E 45.21'�.- N012'00"W 18.36'_ E. PINE AVENUE _ _ S69'54'47"E 2615.03' 1 I rlk 2.5" ALUMINUM CAP 1 BASIS OF BEARINGS 3.5"" BRAS' Cl/4 SEC. 8, T. 3 N., R. 1 E. VE1/4 SEC. 8, T. PLS 7880 � 3 N., R. 1 E. CORNER RECORD 2019-055315 CORNER RECORD u 2020-052069 C PLAT OF PARCEL 1 GEMTONE CENTER NO. 5 F' RECORD OF SURVEY NO. 8926 BK. 90, PG 10575 INSTRUMENT NO. 111014366 LOT 1 FEBRUARY 15, 2011 BLOCK 6 I „ DRAWING INFO SHEET INFO ¢ EXHIBIT FOR WATER LINE EASEMENTS DRAWN RG SHEET NUMBER V15 B0000193.00 CHECKED RG 3 of 3 NORTHPOINT LEGALSJ-70-27 E TI=21 peSllf d.OR"972258u1fe 300 NORTHPOINT 7"=80' PLOT GATE 509-fi26-0455 .—NVS.— Page 83 s