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Goddard Creek Townhouse Subdivision Water Main Easement ESMT-2021-0138 (2021-173039) ADA COUNTY RECORDER Phil McGrane 2021-173039 BOISE IDAHO Pgs=5 CHE FOWLER 12/08/2021 10:14 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2021-0138 Goddard Creek Townhouse Subdivision WATER MAIN EASEMENT THIS Easement Agreement, made this7th day of December, 20 21 between SI Contruction, 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: SI Construction LLC STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on �l�`�/Z (date)by O K S f APY!"d (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 S't COAS�0'!!,Sj,a V) LLC— (name of entity on behalf of whom record was executed), in the following representative capacity: (type of authority such as officer or trustee) (stamp) Notary Signature THERESAA,PEDERSEN My Commission Expires: �O( 52695 NOTARY PUBLIC STATE OF IDAHO Water Main Easement Version 01/01/2020 Item#5. GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 12/7/2021 Attest by Chris Johnson, City Clerk 12/7/2021 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 12/7/2021 (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 Residing in Idaho Notary for Meridian Idaho Page 75 Water Main Easement Version 01/01/202 Item#5. Description for Goddard Creek Subdivision City of Meridian Water Line Easement A portion of Lot 2, Block 1 of Goddard Creek Subdivision as filed in Book 114 of Plats at Page 17060-17062, records of Ada County, Idaho, lying within the SE1/4 of the SW1/4 of Section 26, TAN., R.1W., B.M., Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the SW corner of said Section 26 from which the S1/4 corner of said Section 26 bears South 88058'46" East, 2,602.80 feet; thence on the South boundary line of said Section 26 South 88058'46" East, 1,978.38 feet; thence leaving said South boundary line North 00037'38" East, 38.00 feet to the SW corner of said Lot 2, Block 1 of said Goddard Creek Subdivision; thence along the South boundary line of said Lot 2 South 88°58'46" East, 97.00 feet to the REAL POINT OF BEGINNING; thence leaving said South boundary line North 01°01'14" East, 116.31 feet; thence North 26001'14" East, 53.91 feet; thence 28.41 feet along the arc of a non-tangent curve to the left, having a radius of 69.00 feet, a central angle of 23035'21" and a long chord which bears South 36023'23" East, 28.21 feet; thence South 26001'14" West, 35.30 feet; thence South 01°01'14" West, 110.77 feet to on the South boundary line of said Lot 2; thence along said South boundary line North 88058'46" West, 25.00 feet to the REAL POINT OF BEGINNING. 7729 ►,_1t�Z'f�z1 F_ Page 1 of 1 Page 76 Item#5. i v� Curve Table Curve Length Radius Delta Chord Bearing Chord Distance i i C1 28.41' 69.00' 23'35'21" S36'23'23"E 28.21' i S26'01'14"W 35.30' I I I I /I I I GODDARD CREEK Na SUBDIVISION /o I I O O II//oil il BLOCK I BLOCK I Z N,I ry ( / I Q) I _ __ — S88'58'—— 97.00' _ Real Point z I n:0 of Beginning IN88'58'46"W I N.0 25.00' n:00 0•n W. McMillan Rd. S.27 S.26 0: 19 ' Z.• � 78.38_ 624.42' - _ S.26 S1/4 S.34 S.35 S88'58'46"E 2602.80' Basis of Bearings S.35 Legend Found Aluminum Cap Monument Found Brass Cap Monument \, SF� G�QG 0 Calculated Point iX O1 Lot Number d- LID 7729 Subdivision Boundary Line G,p�IF OF �p��� — — Centerline CA4Y CPS . ................... . Tie Line Lot Line ——— Section Line N Scale: 1"=40' Right—of—Way Line 0 10 20 40 80 -------------- Easement Line Godderd Creek Final Plat 21-087 dw Goddard Creek—Water Easements'xhlbR.dw 11 24 2021 11:31:15 AM IDAHO Exhibit ___ Drawing for Job No. 9955 W.EMERALD ST. Goddard Creek Subdivision. 21-087 SURVEY EOISE4-8570 704 City of Meridian Water Line Easement Sheet Na. (20ISE.ID8570 GROUP, LLC Located in the SE1/4 of the SW1/4 of Section 26, Dwg. Date TAN., R.1W., B.M., City of Meridian, Ada County, Idaho 11/24/2021 Page 77