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Brody Square Water Main Easment No. 1 ESMT-2022-0051 (2022-006427) ADA COUNTY RECORDER Phil McGrane 2022-006427 BOISE IDAHO Pgs=5 LINDSAY WHEELER 01/19/2022 10:15 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0051 Brody Square Subdivision Water Main Easement No. 1 WATER MAIN EASEMENT THIS Easement Agreement, made this 18th day of January, 2022 between Pinnacle Land Development,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. Water Main Easement Version 01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 1-18-2022 Attest by Chris Johnson, City Clerk 1-18-2022 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 1-18-2 0 2 2 (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 Water Main Easement Version 01/01/2020 Legal Description City of Meridian Easement Block 1, Brody Square Subdivision An easement located in the SW'/4 of the SW%4 of Section 27, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a Brass Cap monument marking the southwest corner of the said Section 27, from which a Brass Cap monument marking the northwest corner of the SW'/ (W%corner) of said Section 27 bears N 0031'09" E a distance of 2637.37 feet; Thence N 0°31'09" E along the west boundary of said SW % of Section 27 a distance of 1190.00 feet to a point; Thence leaving said boundary S 89'17'51" E a distance of 50.00 feet to the POINT OF BEGINNING; Thence N 0°31'09" E a distance of 20.00 feet; Thence S 89028'51" E a distance of 23.00 feet to a point; Thence S 0°31'09" W a distance of 3.50 feet; Thence S 89028'51" E a distance of 177.00 feet to a point on a curve; Thence a distance of 59.85 feet along the arc of a 67.00 foot radius non-tangent curve left, said curve having a central angle of 51010'51" and a long chord bearing S 64055'44" W a distance of 57.88 feet to a point; Thence N 89028'51" W a distance of 114.80 feet to a point; Thence N 0°31'09" E a distance of 8.50 feet; Thence N 89028'51" W a distance of 33.00 feet to the POINT OF BEGINNING. This easement contains 3,891 square feet (0.089 acres) and is subject to any other easements existing or in use. Clinton W. Hansen, PLS r k_ LANp Land Solutions, PC CO T E SGp December 15, 2021 Z_ In 11118 (Z�tS(2(z o 'LTO N W NPR Brody Square Subdivision � Land Surveying and Cansulting Block 1 Easement Job No.20-49 Page 1 of 1 BRODY SQUARE SUBDIVISION CITY OF MERIDIAN EASEMENT - BLOCK 1 LOCATED IN THE SW 1/4 OF THE SW 1/4 OF SECTION 27, TAN., R.1W., B.M. CITY OF MERIDIAN, ADA COUNTY, IDAHO 1/4 28 27 0 IY U PRpP E SUB�`v1s\pN 3 gRpp� Sp 8 OCK Z 6 S89'28'51"E o 0 M 23.00' NO'31'09"E �_� S89'28'51"E 177.00 z cl, 20.00 - -----------------------c--� w w 3,891 SF / 0.089 ACRES .. _ °7 o S89*28'51"E o to 50.00' o Z-9' '51"W 114.80' cn z U o w o N Z rMi on in Q Z o 00 m o W Z o m m p N O U- O co Z_ O 2e 27 CURVE TABLE W. MCMILLAN RD. 33 31 CURVE # LENGTH RADIUS DELTA BEARING CHORD C1 59.85' 67.00' 5110'51" S64'55'44"W 57.88' f \QONl.LANpS 5 1ST GAL 0 11118 om Q `oil, OF IVW. 0' 30' 60' 120' Lan o f uti®n s Land Surveying and Consulting 231 E.5TH ST.,STE.A MERIDIAN,ID 83642 (206)288-2040 (208)288-2557fax www.landsolutions.biz JOB W.00-00