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Holiday Inn Express Sanitary Sewer and Water Main Easement ESMT-2021-0135 (2021-175980) ADA COUNTY RECORDER Phil McGrane 2021-175980 BOISE IDAHO Pgs=6 CHE FOWLER 12/15/2021 10:11 AM CITY OF MERIDIAN, IDAHO NO FEE Holiday Inn Express ESMT-2021-0135 SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made thisl4th day of December 20 21 between Hotel Developers-Meridian HIX ("Grantor") and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water 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 fiom 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 sanitary sewer and 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 sanitary sewer and 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. Sanitary Sewer and Water Main Easement REV.01/01/2020 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: STATE OF IDAHO ) ss County of Ada ) This record was acknowledged before me on i 1-3o-zA (date) by Rks44 L&kA" (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 4blel Oevetaptis-Iherikou "'(name of entity on behalf of whom record was executed), in the following representative capacity: M a (type of as officer or trustee) •% s e /.J= i > .� • y O ';'n �d otary§ignature ��♦` My Commission Expires: 5 l?- #i i i Sanitary Sewer and Water Main Easement REV.01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 12-14-2021 Attest by Chris Johnson, City Clerk 12-14-2021 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 12-14-2021 (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: 3-2s-2o22 Sanitary Sewer and Water Main Easement REV.01/01/2020 ,tem#2 EXHIBIT A SANITARY SEWER AND WATER MAIN EASEMENT Part of Parcels A and B of a Deed as recorded in Instrument No. 2020078300 located in the NW 1/&the SE 1/of Section 17, Township 3 North Range 1 East, B.M., Ada County, Idaho described as: Commencing at the Southeast corner of said Parcel B; Thence, N 270 13' 04"W 248.88 feet along the East line of said Parcel B; Thence, S 62"46' 56"W 31.20 feet to the point of beginning; Thence, S 620 00' 30"W 30.00 feet; Thence, N 27D 59'30"W 23.46 feet; Thence, S 640 53' 35"W 6.28 feet; Thence, N 25° 06' 25"W 10.00 feet; Thence, N 64' 53' 35" E 5.78 feet; Thence, N 270 59'30"W 222.13 feet; Thence, N 730 17' 35"W 289.68 feet; Thence, N 56' 00'58"W 50.22 feet; Thence, N 720 04'49"W 268.06 feet; Thence, S 16°48'25"W 15.19 feet; Thence, N730 10' 12"W 21.54 feet; Thence, S160 49'44"W 241.57 feet; Thence, S530 00' 43"W 37.24 feet; Thence, S87° 46'26"W 84.86 feet to a point on the Easterly Right of Way of South Wells Street also being the West line of said parcel A;Thence along said Right of Way N11 D 08' 17"W 1.21 feet to beginning of a curve; Thence, 46.69 feet, along said curve to the right(Curve Data= Delta: 240 40'41", Radius: 108.40 feet, chord bearing N 02' 51' 14" E 46.33 feet; Thence, N87° 29' 16"E 5.66 feet; Thence, S2D 30'44"E 17.32'feet; Thence, N87° 29' 16"E 66.36 feet; Thence, N530 00'43"E 17.38 feet; Thence, N16° 49'48"E 277.95 feet;Thence, S72D 04'49"E 324.40 feet; Thence, S560 00'58"E 49.89'feet; Thence, S73D 17'35"E 297.64'feet; Thence, S270 59'30"E 268.12'feet to the point of beginning; parcel contains 0.90 acres, more, or less. \ONP,U LA lvD s 0�5 ENSF� 19356 71 OF y �,q DWaIDY DES!GIIBY CHECKSY EXHIBIT A SJ HLE CGS INNTRUSTED LLC MERIDIAN OBIP 2021-J5 CIVIL I LS TESTING ENGINEERING MATERIALS TESTING & LAND SURVEYING DATE: H—ber10.2021 101 S.Park Avenue,Idaho Falls,ID 83402,(208)524-0212 (� SEC.17,T.3 N.,R.1 E.B.M. REN0Kk15 Dare hiein.com 800 W.Judicial Street,Blackfoot,ID 8322 a3 sHans ADA COUNTY,IDAHO COPYRIGHT©2021 HLE ALL RIGHTS RESFRVEo. Page 89 Item#2. EXHIBIT B S WELLS ST. Found 5/8" Iron Rod 1"=100' N11° 08' 17"W 1.21' C1 N870 29' 16"E 5.66' S2D 30'44"E Found 5/8" Iron Rod 17.32' S87D 46'26"W N870 29' 16 E 66.36' Bent 84.86' N530 00'43"E 17.38' S53° 00'43"W yso IV1go49 4g„ S 37.241 49,44 gs, W 24 1 N73D 10' 12"W 21.54' AMENDED MAGIC S16° 48'25"W VIEW SUB 15.19, Water & Sewer Easement o BLOCK 1 39202 sf �N LOT 16 0.90 ac �v Deed Inst. No. 102038407 � n, Parcel A o Deed Inst. No. 2020078300 o Z rr o 0 �N Z N560 00' 58"W Found 1/2" Iron Rod PL BAN 50.22' N OS With No Cap ��5 ��GENSFO C%QG 19356 x 49 89' 58 W OF 101'� ^M � Z SEE SHEET 3 OF 3 LEGEND Curve Table Section Corner Control Curve# Length Radius Delta Chord Bearing Placed 1/2"X 24" Iron C1 46.69' 108,40' 24D40'41" 46.33' S2°51'14"W I rod with cap marked P.L.S. 12224 }— Found Iron Rod as shown mccr,:o. DW018Y DE&D"DY C,1 BY EXHIBIT B sj HLE CGs 2 IN MATERIALS TESTING URAL ENGINEERING Sr LAND SURVEYING Dnre: u—.b.,10,2021 101 S.Park Avenue,Idaho Falls,ID 83402.(208)524-0212 REms!otls Dnre 800 W.Judicial Street,Blackfoot,ID 8322 SEC.17,T.3 N.,R.1 E.B.M. hWn.com or 3 LEns ADA COUNTY,IDAHO COPYRIGHT©2021 HLE ALL RIGHTS RESERVED, Page 90 Item#2 EXHIBIT B 1"=100' SEE SHEET 2 OF 3 AMENDED MAGIC co VIEW SUB 1 o CV BLOCK 1 LOT 16 M o Deed Inst. No. 102038407 M o� N 27059'30"W a� N 222.13' S 25006'25" E Z 1c 10.00' tr LOT 9 N 64D53'35" E AMENDED MAGIC S 64053'35"W 5.78' VIEW SUB 6.28' 05g3� N 27059'30"W 23.46' 2 S 62046'56"W S 62000'30"W 31.20' Parcel B 30.00' Deed Inst. No. 2020078300 P.O.B. �D�3 $ 0 � LOT 10 AMENDED MAGIC 2 VIEW SUB LOT 2,BLOCK 1 Deed Inst. No. 2018106221 Found 5/8" Iron Rod \ Marked P.L.S. 11120 5\O�4P1.LANOsG FALLON GREENS SUB �g �,\GENs G BOOK 86,PAGE 9870 � LOT 1,BLOCK 1 LEGEND Found 5/8" Iron Rod Found 1/2" Iron Rod Marked P.L.S. 6901 Section Corner Control CRM Placed 1/2"X 24" Iron Cn S ALLEN ST. w I rod with cap marked �, (o P.L.S. 12224 � NE COR SEC 17 ROS Inst. No. 98120823 POSITION CALCULATED Found Iron Rod as shown 4" FROM TIES PER E 1/4 COR SEC 17 CP&F INST. NO. 99007475 POSITION CALCULATED 00 FROM TIES PER � 104,08' 2548.84' y CP&F INST. NO. 99007476 6, S0022'28"E 2652.92' SEEr,:O DRAYR48Y 0MG14BY CHECKBY EXHIBIT B SJ HLE cm — �'� 402�J35 CIVIL 8e STRUCTURAL ENGINEERING INNTRUSTED LLC MERIDIAN MATERIALS TESTING & LAND SURVEYING DAre. 11—ber 10,2021 101 S.Park Avenue,Idaho Falls,ID 83402,(208)524-0212 SEC.17,T.3 N.,R.1 E.B.M. REV MIs I DATE 800 W.Judicial Street,Blackfoot ID 8322 hleln.cam .3 dens ADA COUNTY.IDAHO Page 91 COPYRIGHT©2021 HLE ALL RIGHrS RESERVED.