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Mile High Pines Water Main Easemen tESMT-2021-0108 (2021-145139) ADA COUNTY RECORDER Phil McGrane 2021-145139 BOISE IDAHO Pgs=5 NIKOLA OLSON 10/06/2021 11:45 AM CITY OF MERIDIAN, IDAHO NO FEE Mile Hlgh Pines (Offsite) ESMT-2021-0108 WATER MAIN EASEMENT' THIS Easement Agreement, made this 5th day of October, 20 21 betweenVlper investments,CI.0 ("Grantor"),,and the City'ofMeridian,an Idaho Municipal Corporation("Grantee"); WHEREAS,the.Grantor desires to provide a water main right-of-way across:Ahe premises and property heteinafter 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'b.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 Wit 'their maintenance, :repair and replacement at the convenience of the-Grantee,with the free tight of access-to such facilities at any and all times. TO.HAS AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever.. IT IS EXPRESSLY UNDERSTOOD AND AGREED,by and between the parties hereto, that after.making xepairs or performing other maintenance, Grantee shall.restore the area of the easement and Adjacent- property to that ekistent 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 pant city or lie within the boundaries of any Water Main Easement Version 01/01/2020 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 he 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: --Corey D. rton, Vipe Investments, LLC. STATE OF IDAHO ) ss County of Ada This record was acknowledged before me on (date) by ccreyMsarian (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 viper tnveatmenle LLG (name of entity on behalf of whom record was executed), in the following representative. capacity: meter (type of authority such as officer or trustee) Notary Signature. %. P My Commission.Expires:. �-bs MY COMMISSION EXPIRES 6-5-2022 i C).p cP :• o ID� '�4\� iN;M?11�,�y,� Water Main Easement. Version 01/01/2020 GRANTEE:. CITY OF MERIDIAN Robert E.S.imison,Mayor 10-05-2021 Attest by Chris Johnson,City Cleik 10-05-2021 STATE OF IDAHO, ss.. County of Ada This record was acknowledged before, me on 10-05-2021 (date) by Robert E. Simis.on and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary.Signatilre- My Commission Expires. 3-28-2022 Water Main Easement Version.'01/0.1/2020 i .Exhibit A Description for Water Main Easement Mile High Pines Subdivision September 14, 2021 A portion of the Southeast 1/4 of the,Northeast 1/4 of Section 10, Township 3 North, Range 1 West,Boise Meridian, City of'Merldian,Ada County, Idaho more particularly described as follows: l i Commencing at the East 1/4,comer of said Section i0 from which the Center 114 corner of said Section 10 beans North 89°36'02"West; 2655.68 fee#; thence North 83°53'14" West, 316.07 feet to the REAL.POINT OF'BEGINNING; thence South 82032-4111 West; 20.19 feet; I thence North 00023'58" East, 44- 9 feet; ! thence South 89036'02" East,20.00 feet; thence South 00023'58"West, 41.53 feet to the REAL. POINT OF BEGINNING, 1 Contah ing.858 sq.ft., more or less'. End of Description. LA ST6y ' E o i Cr 11779 MCC Page 1 of i E 4 t i i 1 SCALE: 9"=6Q' Exhibit B 0 10 30 60 126 � f � 1 L3 � z � z 1 I L'1 C 1/4 REAL POINT O �4"4y BEGINNING 316,07' 1/4 S.10• ——— _. s.10 S;T1 •• ,BA51S O1= BI=ARING. .. • N89'36'02"W 2655.68' i i LINE TABLE LINE BEARING' LENGTH LAN�� Ll 58232'41"W 20.19 �5 ��CI+NS �Y L2 '140723'580E 44.28 ` L:3 'S89'36 02 E 20,aq cp 0 I L4 50'2.358"VJ 41.53 ar ol= �o M. McCP, 1 IDAHO EXHIBIT 'DRAWING FOR JOB 1014 i MSW.��sT. WATER MAIN EASEMENT 21-�4W SURVEY 801SE,�AFIO63794 SHEET ND. ��++ 1 (M)8 MILE HIGH PINES SUBDIVISION . 1 GROUP, LLC A-PO"ON OF THE SO^OF THE NEI/4 OF S€CTtON 1% owe. DATE i T..T!!., UK. S.M. CITY OF I1vwAN,ADA CLOWN, IDAHO 9/{kj2k11 i