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Holiday Inn Express Water Main Easement ESMT-2021-0136 (2021-175981) ADA COUNTY RECORDER Phil McGrane 2021-175981 BOISE IDAHO Pgs=5 CHE FOWLER 12/15/2021 10:12 AM CITY OF MERIDIAN, IDAHO NO FEE Holiday Inn Express Water Main Easement ESMT-2021-0136 WATER MAIN EASEMENT THIS Easement Agreement, made this 14th 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 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 Item#3. 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 11--o_a.t_ (date) by L A� (name of individual), [complete the following if signing in a representative c 1 acity, or strike the following if signing in an individual capacity] on behalf of 446 tJeveloo�rs- me.;diu� Ntx (name of eWity on behalf of whom record was executed), in the following representative capacity: (type of authority such as officer or trustee) ®000aooa00000®0.. o � ° 9 ='t cpa ;.<y . a,;,� J, , Z o ; S O 14otary Signature tt My Commission Expires: Jr —1-7 o O 1000M" Water Main Easement Version 01/01/2020 Page 94 Item#3. 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 Water Main Easement Version 01/01/2020 Page 95 ,tem#3 EXHIBIT A WATER MAIN EASEMENT Part of Parcel B of a Deed as recorded in Instrument No. 2020078300 located in the NW % of the SE % 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, S 530 30' 37" W 30.31 feet along the North Right-Of-Way line of East Freeway Drive;Thence, N 360 29' 23" W 15.00 feet to the point of beginning; Thence, S 53' 30' 37" W 20.28 feet along a line 15.00 feet North of and parallel to the North Right-Of-Way line of said East Freeway Drive; Thence, N 26° 57' 15" W 241.96 feet; Thence, N 62' 00' 30" E 20.00 feet; Thence S 26' 57' 15" E 238.96 feet to the point of beginning; parcel contains 0.11 acres, more, or less. \ONp,L LA/VD S E NNSSFD ' a f 19/356 OF\OPT ✓OSE T.NPJP V-2EXHIBIT A S, HLE CGS.1DDIro 2G21315 GIVIL&STRUCTURAL ENGINEERINGINNTRUSTED LLC MERIDIAN = MATERIALS TESTING & LAND SURVEYINGom DATE: Rmbnr1D,2021 101 S.Park Avenue,Idaho Falls,ID83402,(208)524-0212 SEC.17.T.3 N.,R.1 E.B.M. aEvsiays D hleln.com 800 W.Judicial Street,Blackfoot.ID 83221. ADA COUNTY,IDAHO COPYRIGHT©2021 HLE ALL RIGHTS RESERVED. Page 96 Item#3. EXHIBIT B NE COR SEC 17 Parcel B Fallon Greens POSITION CALCULATED 8 9 (ROS Inst. No. 107081167) FROM TIES PER 17 �16 Found 5/8" Iron Rod CP&F INST. NO. 99007475 Hubble Inc. 4131 Quitclaim Deed Inst. No. 2021-100117 Found 5/8" Iron Rod Found 1/2" Iron Rod With No Cap Found 5/8" Iron Rod With No Cap Marked P.L.S. 6901 ao Co ROS Inst, No. N N 107081167 S 89039'39"W W 00 736.44' - N 00 N OO Nt C) c5b BLOCK 1 0 co ryp0 LOT 2,BLOCK 1 LOT 1 1- N 00 00 (V Found 1/2" Found 1/2" Iron Rod z N 17 Qm=o' Iron Rod With Illegible Cap -j rn 116 Deed Inst. No. 107087495 Q Found 1/2" Iron Rod ROS Inst. No. 107081167 z �a With No Cap ROS Inst. No. 99101824 FALLON GREENS SUB 0 N620 00'30"E BOOK 86,PAGE 9870 Found 1/2" Iron Rod � CRM 20.00' E 1/4 COR SEC 17 LOT 1,BLOCK 1 POSITION CALCULATED N FROM TIES PER s s� CP&F INST. NO. 99007476 Found 5/8" Iron Rod Marked P.L.S. 11120 Water Main ESmt `z �� ��,�LANo s 4809 sf���� 6t g�0 �GrcN SEA G'QLt� 0.11 ac ° 11 �° ° 1 S53 30 207 $ S53030'37"W (� �-r o 30,31' 0 \�P� Found 5/8" Iron Rod / 'N36°29'23" OF W P Marked P.L.S. 11120 7\' 15.00' ' ®�ET,SA . you P.O.B. 1"=100' LEGEND Section Corner Control ,pro �. Placed 1/2"X 24" Iron rod with cap marked P.L.S. 12224 tr— Found Iron Rod as shown Found 5/8" Iron Rod c�Tlw. wuvmnY DmGIIBY cWCKUY 2 J°Bllo 2021335 EXHIBIT B SJ HLE CGS - CIVIL& STRUCTURAL ENGINEERING INNTRUSTED LLC MERIDIAN - MATERIALS TESTING & LAND SURVEYING BATE: NwmOur 10.2021 101 S.Park Avenue,Idaho Falls,ID 83402,(208)524-0212 SEC.17.T.3 N.,R.1 E.B.M. l 800 W.Judicial Street,Blackfoot,ID 83221 //� hlsin.wm o 2 s,stTt ADA COUNTY,IDAHO COPYRIGHT©2021 HLE ALL RIGHTS RESERVEG. Page 97