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Small Talk Clinic (Verona Subdivision No. 3 ESMT-2021-0127 (2021-070219) ADA COUNTY RECORDER Phil McGrane 2021-170219 BOISE IDAHO Pgs=6 CHE FOWLER 12/01/2021 11:04 AM CITY OF MERIDIAN, IDAHO NO FEE Small Talk Clinic (Verona Subdivision No. 3) WATER MAIN EASEMENT THIS Easement Agreement, made this 30th day of November 20 21 between Smalley Holdings,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 Small Talk Clinic(Verona Subdivision No. 3) WATER MAIN EASEMENT THIS Easement Agreement, made this 30th day of November 20 21 between Smalley Holdings,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 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: STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on (date) by Kc�rer, (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 Smalley Holdings T.i. (name of entity on behalf of whom record was executed), in the following representative capacity:_Manager 7C (type of authority such as officer or trustee) (stamp) Desta L.Richards Notary Signature Commy PUBLIC 111 My Commission Expires: STATE OF IDAHO W COMMISSION EXPIRES 01113t"M Water Main Easement Version 01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 11-30-2021 Attest by Chris Johnson, City Clerk 11-30-2021 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 11-30-2021 (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 Page 98 Water Main Easement Version 01/01/2020 Item#3. E N G I N E E R I N G February 8,2021 Project No.20-101 City of Meridian Water Easement Legal Description Exhibit A A parcel of land for a City of Meridian Water Easement over a portion of Lot 45, Block 3,Verona Subdivision No.3 (Book 94, pages 11,422-11,423),situated in a portion Section 26,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 1/2-inch rebar marking the Southwest corner of said Lot 45,which bears S00°21'36"W a distance of 186.01 feet from a found 1/2-inch rebar marking the Northwest corner of said Lot 45,thence following the westerly boundary line of said Lot 45, N00°21'36"E a distance of 96.46 feet; Thence leaving said westerly boundary line, N90'00'00"E a distance of 12.50 feet to the POINT OF BEGINNING. Thence N00°21'36"E a distance of 10.00 feet; Thence N90'00'00"E a distance of 9.50 feet; Thence S00`21'36"W a distance of 10.00 feet; Thence N90'00'00"W a distance of 9.50 feet to the POINT OF BEGINNING. Said parcel contains 95 square feet,more or less,and is subject to all existing easements and/or rights-of-way of record or implied. All subdivisions,deeds, records of surveys and other instruments of record referenced herein are recorded documents of the county in which these described lands are situated in. Attached hereto is Exhibit B and by this reference is made a part hereof. �ONpL LAND S �\r,E N 5E� GAF 0 6662 s� �o Ir OF F<< Y KEH��` �- 61 9233 West State Street • Boise, Idaho 83714 • 208.639.6939 • kmengllp.com Page 99 1 FOUND 1/2—INCH REBAR r - - - - - - - - - - - - - - - -- - - - - I I I 112.5' 12.5' I 25' WIDE INGRESS—EGRESS COMMON ACCESS AND r—UTILITIY EASEMENT PER VERONA SUBDIVISION No. 3 I I I N90'00'00"E 0o I 9.50 N0o'21'36"E 10.00'_ I I N o S00'21'36"W DO 10.00' Lot 45, Block 3 I w. Verona Subdivision No. 3 u-0 I �N90'00'00"W 3086 W Milano Dr. O-n I 9.50 N N I POINT OF BEGINNING m o N90'00'00"E Z 12.50'(TIE) �NL LAlyp S ENSfp °PG I LEGEND I Y 6662 I I O FOUND 1/2—INCH REBAR CALCULATED POINT Q %P�9T OF \OP�o I I PROPERTY BOUNDARY LINE KEHR�� I I — — ADJACENT BOUNDARY LINE SURVEY TIE LINE a i I — — — — — — — — EXISTING EASEMENT LINE _ I ———————— PROPOSED EASEMENT LINE N Z POINT OF COMMENCEMENT FOUND 1/12—INCH REBAR W Milano Dr. a 3 0 Z 0 30 60 90 w 3 Plan Scale: 1" =30' 0 0 N E N G I N E E R I N G m 9233 WEST STATE STREET = BOISE,IDAH083714 } PHONE(208)639-6939 Exhibit B kmengllp.com City of Meridian Water Easement D DATE: 2/8/21 a PROJECT: 20-101 SHEET: Situated in a portion of Lot 45, Block 3, Verona Subdivision No. 3, Section 26, 1 OF 1 Township 4 North, Range 1 West, B.M., City of Meridian, Ada County, Idaho a Item#3. 9.50 n90°00'00"e � 3 o o 0 0 O o N O O o CD CD C CD n90°00'00"w 9.50 Title: City of Meridian Water Easement Date: 02-08-2021 Scale: 1 inch = 5 feet File: Tract 1: 0.002 Acres: 95 Sq Feet:Closure=n00.0000e 0.00 Feet: Precision>1/999999: Perimeter= 39 Feet 001=n00.2136e 10.00 003=s00.2136w 10.00 002=n90.0000e 9.50 004=n90.0000w 9.50