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LDIR-2021-0001 Water Main Easement ESMT-2022-0152 (2022-038901) ADA COUNTY RECORDER Phil McGrane 2022-038901 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 04/20/2022 12:16 PM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-012 LDIR-2021-0001 WATER MAIN EASEMENT THIS Easement Agreement made this 19th day of April 20 22 between Achieving Properties 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 01/0102020 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: Achieving Properties LLC Bill Brown;member of Achieving Properlies LLC STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged be me on 3�z� 1, r(dat y Bill Brown (name of individual), [complete the Wing if signing in a re entative capacity, or strike the following if signing in an lndiv f Achieving Properties LLC (name of entity on behalf of whom recor - Y in the following representative capacity: Member ofAChieving Properties LLC (type of authority such as officer or trustee) (stamp) ,k\�`\l1�AEBART��r��ri Notary ignature N`��A� 1FiTY/i,� My Commission Expires: 3 �202-4 ,• p?,Y P(je my cOMUIISSIQN _ EXPIRES 3-2-2024 '�� '•:9T�OF iO4:•• � NU P�BtiR�������� +°6t111 ff{!1110�y4 Water Main Easement Version 01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 4-19-2022 Attest by Chris Johnson, City Cleric 4-19-2022 STATE OF IDAHO, ) ss, County of Ada } This record was acknowledged before me on 4-19-2022 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) Notary Signature 3-28-2028 My Commission Expires: Water Main Easement Version 01/01/2020 Page 132 Item#3. PORTSIDE LAND SURVEYING , LLC LDIR-2021-0001 EXHIBIT A EASEMENT DESCRIPTION A twenty foot wide easement across a portion of Lot 5, Block 3, Olson and Bush Subdivision No.2, Book 90, Page 10508,and a portion of Lot b, Block 3, Olson and Bush Subdivision No. 3,Book 107, Page 14905.Said easement located in the SE 1/4 Of Section 8,Township 3 North, Range 1 East, Boise Meridian, more particularly described as follows: Commencing at the Northeast corner Lot 5, Block 3,Olson and Bush Subdivision No.2,thence along the North line of said Lot 5, North 88°10'58"West a distance of 28.07 feet to the True Point of Beginning; Thence South 01049'02"best a distance of 132.28 feet to a point; Thence South 21`26'01"a distance of 28.05 feet to a point; Thence South 01648'52"West a distance of 101.89 feet to a point; Thence South 88'11'08" East a distance of 16.99 feet to a point on the East fine of said Lot 5; Thence along the East line of said Lot 5 and said Lot 6,South 01°49'02"West a distance of 20.00 feet to a point; Thence North 88'11'08"West a distance of 36.99 feet to a point; Thence North 01048'52"East a distance of 117.77 feet to a point; Thence North 21°26'101"West a distance of 28.05 feet to a point; Thence North 01'49'02"East a distance of 136.39 feet to a point on the North line of said Lot 5; Thence South 88°10'58"East a distance of 20.00 feet to the True Point of Beginning. Said easement containing 5998 Sq. Ft. 4 LA 6-1 End Description Project No.22-106 12 Prepared March 22, 2022 e®,Q �O ® -3 Z Z Z uc,2 3626 W. Hill Rd.Boise.ID 83703 (208)484-6666 jim@portsidesurvey.com Page 133 Item#3. 16 N m c Or r y C to � � N �O N N �N �m O P C" d � rn 36.99 688"11 os-w Lanark Water Easement 3/18/2022 Scale: 1 inch= 40 feet 'tract 1:0.1375 Acres(5988 Sq.Feet),Closure:n05.4954e 0.01 ft.(1158050).Perirneter=638 ft. 01 sU1.4902w 132.28 03 n 28.05 02s28.05 09 n01.4902e 136.39 03 s01.4852w 101.89 10 s88.1058e 20 04 s88.1108e 16.99 05 s01.49nv 20 06 n88.1108w 36.59 0?n01.4852e 117.77 Page 134 Item#3. I I � � I : � n m ) Ln L) I ti n tim 1 'r 2 fi I ad z �W � p � an o°'q A a€''v I �$ €n tin �(11 kD ZPi N I € r1l L'i z f N a t'49'a2° E 136 39' I , it Z m ,co -yS A+ OF"4&52" E FF7.77' rr — S 0149�2" 4U F32.28' I o N o © o ?' r- --------------�'r 5 ZK- i L2 I S a 1'4B'B2" YI 101.89' 1Q 97 o O C N iV o NoMo � N ] N 01'48'02" E z74.73' ' � o 1 coo � 1 O p uj I m b Nati n a� D O I Pa � � I C obi � co co � � om � � rn = i z IR a w w © o w Page 135 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: Achieving Properties LLC Bill Brown;member of Achieving Properties LLC STATE OF IDAHO ) ) ss County of Ada } This record was acknowledged before me on (date) by Bi Crown (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 Achieving Properties LLC (name of entity on behalf of whom record was executed), in the following representative capacity: Member of Achieving Properties LLC (type of authority such as officer or trustee) (stamp) �$( a®gg�l�3'a�4P►�«dl/sfff Notary�SSignature My Commission Expires: Pus�. MY COMMISSION = _ EXPIRES 3-2-2024 UA T'rjlltPii{tB61i`��t� Page 136 Water Main Easement Version 01/01/202