Everest Office Water Main Easement ESMT-2022-0137 (2022-033766) ADA COUNTY RECORDER Phil McGrane 2022-033766
BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 04/06/2022 08:04 AM
CITY OF MERIDIAN, IDAHO NO FEE
ESMT-2022-0137 Everest Office
WATER MAIN EASEMENT
THIS Easement Agreement, made this 5th day of_Lk�riL_, 2022between Encore 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.
GRANTOR:
STATE O I )0 )
) ss
County of Ada
This record was acknowledged before me on 3 l IM* date by
(name of individual), [complete the following if signing in a representative ca achy, or st ' e
the following if signing in an individual capacity] on behalf of . y , eborylPk+L(L
(name of entity on behalf of whom record was executed), in the following representative
capacity: M (type of authority such as officer or trustee)
(stamp)
��..•GtiY SU Notary Signatur
',.•�� ..••••. F�1s My Commissio xpires:3 2� 2 2
i NOTAR),low
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Water Main Easement Version 01/01/2020 Page 128
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor 4-5-2022
Attest by Chris Johnson, City Clerk 4-5-2022
STATE OF IDAHO, )
ss.
County of Ada )
This record was acknowledged before me on �4-5-2022_ (date) by Robert E.
Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor
and City Clerk, respectively.
Notary Signature
3-28-2028
My Commission Expires:
Water Main Easement Version 01/01/2020 Page 129
Item#8.
E N G I N E E R I N G
March 1,2022
Project Name: 2054 Everest Office
Project No.21-171
City of Meridian Water Main Easement
Easement No.: ESMT-2022-0137
Legal Description
Exhibit A
A parcel of land for a City of Meridian Water Main Easement over a portion of Lot 19,Block 1 of Hastings
Subdivision No.3(Book 112 of Plats, Pages 16342-16344), situated in the Northwest 1/4 of the Northeast 1/4
of 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 brass plug marking the Southwest corner of said Lot 19,which bears S00°21'16"W a
distance of 154.99 feet from a found 1/2-inch rebar marking the Northwest comer of said Lot 19,thence
following the westerly boundary line of said Lot 19,N00°21'16"E a distance of 91.91 feet;
Thence leaving said westerly boundary line,589'38'44"E a distance of 15.00 feet to the westerly line of an
existing City of Meridian Sanitary Sewer and Water Main Easement per Instrument No.2017-084174 and
being the POINT OF BEGINNING.
Thence S89°49'15"E a distance of 7.50 feet;
Thence N46.41'33"E a distance of 11.26 feet;
Thence S89°38'34"E a distance of 8.83 feet;
Thence S00°20'55"W a distance of 10.00 feet;
Thence N89°38'34"W a distance of 4.83 feet;
Thence S46°41'33"W a distance of 11.24 feet;
Thence N89.49'15"W a distance of 5.52 feet to said westerly easement line;
Thence following said westerly easement line the following three(3)courses:
1. N00°21'16"E a distance of5.27 feet;
2. N89°38'44"W a distance of 6.00 feet;
3. N00'21'16"E a distance of 4.71 feet to the POINT OF BEGINNING.
Said parcel contains 244 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.
LAND
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Item#8.
LINE TABLE
NORTHWEST CORNER OF LOT 19
LINE BEARING D15TANCE
L1 S89'38'44"E 15.00
L2 S89'49'15"E 7.50
L3 N46'41'33"E 11.26
0 I L4 S89'38'34"E 8.83
o I POINT OF BEGINNING
rn I L4 L5 SO'20'55"W 10.00
L1 TIE %; L6 N89'38'34"W 4.83
m ( ) L7 S46'41'33"W 11.24
C) CO Li 1— / �L6 L8 N89'49'15"W 5.52
aN L10J �` L9 NO'21'16"E 5.27
morn L9
o I L8 L10 N89'38'44"W 6.00
L11 NO'21'16"E 4.71
EXISTING CITY OF MERIDIAN
SANITARY SEWER AND WATER
`MAIN EASEMENT PER INST.
No. 2017-084174
K 3
LEGEND
SUBpN1510� o
N GS
N I SIN �ND FOUND BRASS PLUG
O FOUND 1/2" REBAR
CALCULATED POINT
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o I BOUNDARY LINE
o I ——— —— ——--- EASEMENT LINE
ry I _ —— — — — — EXISTING EASEMENT LINE,
AS NOTED
POINT OF COMMENCEMENT SURVEY TIE LINE
o SOUTHWEST CORNER OF LOT 19
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x BOISE,IDAHO83713 Exhibit B
PHONE 120BI 639.6939
kmengllp.com
City of Meridian Water Main Easement
DATE: March 2o2z
SPROJECT: 21-171
SHEET: A portion of Lot 19, Block 1 of Hastings Subdivision No.3,situated in the Northwest 1/4
1 OF 1 I of the Northeast 1/4 of Section 26,T.4 N., R. 1 W.,B.M.,City of Meridian,Ada County, Ida hn
a Page 131
Item#8.
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Title: Date: 03-01-2022
Scale: 1 inch= 5 feet File:
Tract l: 0.006 Acres: 244 Sq Feet:Closure=n86.1152e 0.00 Feet: Precision=1/16575: Perimeter= 75 Feet
001=s89.4915e 7.50 005=n89.3834w 4.83 009=n89.3844w 6.00
002=n46.4133e 11.26 006=s46.4133w 11.24 010=n00.2116e 4.71
003=s89.3834e 8.83 007=n89.4915w 5.52
004=s00.2055w 10.00 008=n00.2116e 5.27
Page 132