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PZ - Water Main Easement ESMT: 2021-0123 Overland Daycare WATER MAIN EASEMENT THIS Easement Agreement, made this day of November, 2021 between Epic Development Woodsage, 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 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: Epic Development Woodsage,LLC Jarron angs STATE OF AHO ) ) ss County of Ada ) This record was acknowledged before me on 10-22 Z` (date) by y\\J 1 ckn CheS+no44 (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 W;c 7.e v.r laowt-eM W OOAsAcye,U.C- (name of entity on behalf of whom record was executed), in the following representative capacity: (type of authority such as officer or trustee) (stamp) !' CHESt,�G'% Notary ignature ® .c My Commission Expires:_ i -(��� 7 L� . F T � s c..1O AR •o AVBL%G A� n, �0'��� �QF� Water Main Easement Version 01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor Attest by Chris Johnson, City Clerk STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on (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: Water Main Easement Version 01/01/2020 11" ANIF LAND SURVEYING PLLC Jarron Langston Date: October 20, 2021 Overland Daycare Job No.: 5820 EXHIBIT"A" WATER MAIN EXTENSION EASEMENT LEGAL DESCRIPTION A portion of Lot 1 in Block 1 in the plat of Sagewood Subdivision filed in Book 110 at Page 15846 under instrument number 2016-109678, records of Ada County, Idaho, with the Northwest one- quarter of Section 24, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County Idaho, and more particularly described as follows: COMMENCING at the Northwest corner of said Lot 1 per said plat; Thence along the North line of said Lot 1 per said plat South 89008'29" East a distance of 269.32 feet; Thence leaving said North line South 44'07'06" East along the East line of said Lot 1 a distance of 28.29 feet; Thence continuing along said East line South 00059'18"West a distance of 104.20 feet to the Northeast corner of that certain Sewer& Water Main Easement conveyed to the City of Meridian per instrument number 2016-028666, records of Ada County, Idaho; Thence leaving said East line North 89°08'29" West along the North line of said Sewer& Water Main Easement a distance of 60.00 feet to the Northwest corner of said Sewer& Water Main Easement and the true POINT OF BEGINNING; Thence leaving said North line North 00'59'18" East a distance of 5.37 feet; Thence North 90°00'00"West a distance of 79.84 feet; Thence North 00°00'00" East a distance of 29.45 feet; Thence North 90°00'00"West a distance of 20.00 feet; Thence South 00°00'00" West a distance of 38.03 feet; Thence South 45°00'00" East a distance of 16.16 feet; Thence South 90000'00" East a distance of 88.07 feet to a point on the West line of said Sewer & r Water Main Easement per said instrument grFOf�� �` number 2016-028666; �#D p• Thence North 00059'18" East along said West line a distance of 14.64 feet to the POINT OF BEGINNING. Containing 2,518 square feet more or less. 623 1 lth Ave. South,Nampa, ID 83651 T. (208) 442-0115 C. (208)608-2510 rgray.cls@gmaii.com Overland Daycare EXHIBIT "B" - WATER MAIN EXTENSION EASEMENT LOCATED WITHIN LOT 1 OF BLOCK 1 IN THE PLAT OF SAGEWOOD SUBDIVISION IN THE NW1/4 OF SECTION 24, T. 3 N., R. 1 W., B.M. CITY OF MERIDIAN, ADA COUNTY, IDAHO Commencment Point WEST OVERLAND ROAD NW Cor. Lot I S 89008'29"E 269.32' "PLS 11118" 10' IDAHO ��I I �EWk 10.5' ACHD 29 — —— — — — — POWER EASEMENT I I K EASEMENT — — — — 25' LANDSCAPE "PLS 11118" BUFFER EASEMENT I 10' LANDSCAPE ��� R. BUFFER EASEMENT 1 FOO D N 90°00'00"W d � SA ��20 00' LoA 41� I o w 0 o I �I 79.84' O° 0 I I I I N 90°00'00"W 60.00' COCD ! rr L1 N 89°08'29"W4 1 o L4 _.� POINT OF O � S 90000'00"E L — BEGINNING = 88.07' o SEWER&WATER EASEMENT f C/) PER INST.No.2016-028666 LEGEND LINE TABLE 0 Calculated point LINE BEARING LENGTH Qo Found 5/8 inch dia.iron pin Li N 00059'18"E 5.37' O Found 1/2 inch dia.iron pin L2 N 00000'00"E 29.45' L3 S 45000'00"E 16.16' L4 N 00059'18"E 14.64' NOTE: THE PLAT OF SAGEWOOD 0 25 50 100 SUBDIVISION IS FILED IN BOOK 110 AT PAGE Scale: l"=50' 15846 UNDER INSTRUMENT No. 2016-109678, RECORDS OF ADA COUNTY, IDAHO t 3 7732 JN 5820 N,,10120121�o COMPASS LAND SURVEYING, PLLC KILT 9�9rE Of `p0 i BARD A��'� 623 11th Avenue South Nampa, ID 83651 Office: (208)442-0115 Fax: (208)327-2106 20 n90.0CP00 w _W - o C7 LO Q 3 d of °©N M 4 O C w 79.84 n96" '00"w m �� ay - - s90"f?v 00"e 88.07 LA 40 732 a. sr eM qTE 0 �O P 'qRD P• 5820 Water Main Extension Easement 10/20/2021 Scale: 1 inch= 13 feet File: Tract 1:0.0578 Acres(2518 Sq.Feet),Closure:n00.0000e 0.00 ft.(1/145543), Perimeter=292 ft. 01 n00.5918e 5.37 08 n00.5918e 14.64 02 n90.0000w 79.84 03 n00.0000e 29.45 04 n90.0000w 20 05 s00.0000w 38.03 06 s45.0000e 16.16 07 s90.0000e 88.07