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Skybreak Subdivison No. 1 Water Main Easement No. 2 ESMT-2022-0167 (2022-045685) ADA COUNTY RECORDER Phil McGrane 2022-045685 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 05/11/2022 09:14 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0167 Skybreak Subdivison No. 1 Water Main Easement No.2 WATER MAIN EASEMENT THIS Easement Agreement, made this 10th day of May , 20 22 between C4 Land 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 Item#5. 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: C4 Land LLC Jim Conger, Memb STATE OF IDAH ) ss County of Ada ) This record was acknowledged before me on LI-as-QCQZ (date) by Jim Conger (name of individual), [complete the following if signing in a representative capacity, or strike the folloiving if signing in an individual capacity] on behalf of C4 Land LLC (name of entity on behalf of whom record was executed), in the following representative capacity: Member (type of authority such as officer or trustee) (stamp) ,.•`�tE Lq� Notary Signature .•`GQ••.•••'•••..��,•., My Commission Expires: �p'TAR y% AUB L1G�A • .�, �•0 .,,, •.....••o�,,,., '44.OF�l��..• Water Main Easement Version 01/01/2020 Page 41 Item#5. GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 5-10-2022 Attest by Chris Johnson, City Cleric 5-10-2022 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 5-10-2022_ (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 My Commission Expires: Water Main Easement Version 01/0 1/2020 Page a2 Item#5. Sawtooth Land Surveying, LLC Y/� F: (208) 398-8104 F: (208) 398-8105 2030 5, Washington Ave., Emmett, ID 83G 17 Water No. 2 Easement BASIS OF BEARINGS is S. 0012'52"W. between a found aluminum cap marking the northwest corner and a found aluminum cap marking the W1/4 corner of Section 4, T. 2 N., R. 1 E., B.M.,Ada County, Idaho. An easement located in the S1/2 of the NW1/4 of Section 4, Township 2 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at an aluminum cap marking the NW corner of said Section 4; Thence S. 0112'52"W., coincident with the west line of said NW1/4, a distance of 1352.07 feet to an aluminum cap marking the N1/16 corner of said Section 4; Thence S. 57044'19"E., 1411.67 feet to the POINT OF BEGINNING; Thence N. 44058'53"E., 32.47 feet; Thence S. 00112'52"W., parallel with said west line, 395.42 feet; Thence S. 89047'08"E., 16.58 feet; Thence S. 001112'52"W., parallel with said west line, 20.00 feet; Thence N. 89047'08"W., 36.58 feet; Thence N. 00012'52"E., parallel with said west line, 389.52 feet; Thence N. 45101'07"W., 4.04 feet to the POINT OF BEGINNING. Said easement contains 0.194 acres more or less. l �c 0 115 4 z/ W 0 TO ✓FdF BEAM, P:\2019\19446-SKYBREAK SUB CM\Survey\Drawings\Descriptions\19446 Skybreak Phase 1 W2 Ease.docx � 1 1 _ _ Page 43 Item#5. 32 33 Sri--- NORTHWEST CORNER q SECTION 4 M PLS 4431 N1116 CORNER 5 4 PLS 13550 A O � POINT OF w 19fi BEGINNING NTS I ��6 0.194 ACRESI I i LINE TABLE �� LINE I BEARING DISTANCE 4S` LI I N 4405853"E 32.47' W N L2 S 8904708"E 16.58' L3 S 00°12'52"W 20.00' L4 N 8904708"W 36,58' fix, L5 N 45001'07"W 4.04' � j M W cy c 1CL F N ce 115 4 ; o rf or mpg ' ✓�7F BEk�L� 5 14 114 CORNER L2 ILLEGIBLE - L4 PROJECT: OWNER/DEVELOPER: 2030 S. WASHINGTON AVE. DWG# SKYBREAK SUBDIVISION PHASE I EMMETT, ID 83617 19446-EX WATER N0,2 EASEMENT CONGER P:(208)398-8104 PROJECT# SW114 OF THE NW114 IA/ _ F: (208)398-8105 19446 SECTION 4, T.2 N.,R. 1 E.,B.M., ��w�OOr, SHEET ADA COUNTY,IDAHO DATE: a/zon WUyW,SAWTOOTHLS.COM 1 - - Page 44