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3410 W. Nelis Drive ESMT-2022-0181 Water Main Easement (2022-057567) ECISCOUNTY RECORDER Phil McGrane 2022-057567 EIDAHO Pgs=6 VICTORIA BAILEY 06/22/2022 08:06 AM OF MERIDIAN, IDAHO NO FEE ESMT-2022-0181 3410 W.Nei is Drive ' WATER MAIN EASEMENT THIS Easement Agreement, shade this 21stday of-dune �`'20 22 between .LLC("Grantor")4 and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); HP_REAS7 the Grantor desires to-provide d water main'rightaof-way/across-the premises and property herdinafter= articularly bounded and described; and WHEREAS, gr the ater main is to be provided far throttgh underground pipelines to be construdted by others; and WHEREAS, it will be necessary to maintain and service said pip0ines from time fo irne by- the Grantees :. NOW, THER FORE,in-­consideration-of the benefits to be'r6ceived 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 BY 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 faci ities:at any zild all -times;" TO l AVE AND TO HOLD-the said easeri ent and right-of-way unto the said Grantee,-it!s successors and ass.igns.forever. IT IS>EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after-snaking repairs dr.performing other;maintenance-, Grantde shall-restore the area of the merit 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 thi easement. TI IE 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, Water Main Easement / REV. 3/ 6/18 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 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 fir t herein above written. GRANTOR: Golden Ogden Properties LLC by Terrence M. White, Member: See Notary Acknowledgement on following page Water Main Easement REV.03/26/18 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On April 21, 2022 before me, Kenneth Daneman, Notary Public, personally appeared Terrence M. White (on behalf of Golden Ogden Properties, LLC), who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. KENNETH DANEM N�1 -� Commission No. 2268432 NOTARY PUBLIC-CALIFORNIA LOS ANGELES COUNTY My Comm Expires DECEMBER 21.2022 Si nature (Seal) GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 6-21-2022 Attest by Chris Johnson, City Clerk 6-21-2022 STATE OF IDAHO, ) ss. County of Ada ) This record was acknowledged before me on 6-21-2022 (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: 3-28-2028 Water Main Easement REV.03/26/18 Exhibit A Description for Meridian Water Main Easement 3410 W. Nellis Drive April 15, 2022 A portion of Lot 5, Block 2, McNelis Subdivision as file in Book 100 of Plats at Pages 13082 through 13084, records of Ada County, Idaho located within the Southeast 1/4 of the Southeast 1/4 of Section 34, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the South corner of said Lot 5, from which the westerly angle point of said Lot 5, bears North 52044'39" West, 347.43 feet; thence North 38°02'50" West, 34.44 feet to the westerly boundary line of existing water main easement'N' recorded on October 25, 2007 as Instrument No. 107145840 and re-recorded on January 31, 2008 as Instrument No. 108011075, records of Ada County, Idaho and the REAL POINT OF BEGINNING; thence leaving said westerly boundary line, North 65006'00" West, 11.82 feet; thence North 30016'32" West, 99.05 feet; thence North 59043'28" East, 59.48 feet; thence South 30016'32" East, 20.00 feet; thence South 59043'28" West, 39.48 feet; thence South 30016'32" East, 72.78 feet; thence South 65006'00" East, 8.15 feet, to the westerly boundary line of said existing water main easement 'N'; thence on said westerly boundary line, 20.17 feet on the arc of a curve to the left having a radius of 459.00 feet, a central angle of 02031'04", and a long chord which bears South 32019'42" West, 20.17 feet to the REAL POINT OF BEGINNING. Containing 2906 square feet or 0.07 acres, more or less. End of Description. FD N S 4 G� 11779 u' V 15/2022.0 C�0p 9�F OF YM McC , Page 1 of 1 N Scale: 1"=40' 0 10 20 40 80 Westerly Lot 5, Angle Point Block 2 Lot 5 S30'16'32"E �20.00' -0 C2�\ Lot 4, �� Real Point Block 2 of Beginning N38'02'50"W \ \y 34.44' South Corner y� Lot 5 Meridian Water Main Easement 'N' Inst. No. 108022167 I LINE TABLE LINE LENGTH BEARING �pr1NL LAND L1 11.82 N65'06'00"W ENS G� — L2 8.15 S65'06'00"E !� !�� �� 0 11779 �,,Y/�s/z�zzs CURVE TABLE �0OyP McCP CURVE RADIUS LENGTH CHORD DIST. CHORD BRG. DELTA C1 459.00 20.17 20.17 S32'19'42"W 2'31'04" P.\NW 5--c 22-070\dwg\22070E.h,b,l.d- 4/15/2022 12.10,22 PM IDAHO Exhibit B Drawing for 22-070 SURVEY 9955 W.EMERALD ST. Meridian Water Main Easement Sheet NO. BOISE.IDAHO E3704 (208)840.8570 3410 W. Nellis Drive 1 GROUP, LLC Lot 5, Block 2, McNelle Subdivision located In the SE1/4 of the SEl/4 Dwg. Date of Section 34, TAN., R.M., B.M., Meridian, Ado County, Idaho. 4/15/2022