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Bluebird Carwash Silverstone Water Main Easement ESMT-2022-0197 (2022-063224) ADA COUNTY RECORDER Phil McGrane 2022-063224 BOISEIDAHO Pgs=6 VICTORIA BAILEY 07/13/2022 08:44 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0197 Bluebird Carwash Silverstone WATER MAIN EASEMENT THIS Easement Agreement, made this 12th day of July 20 22 between Bluebird Silverstone,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 0 1/0 1/2020 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: Michael Fery,j � c� },.� o� G�\v.-e��r�, S•.�s�c��n�, LLB STATE OF IDAHO } ) ss County of Ada ) This record was acknowledged before me on 6/27/22 (date) by Michael Fery (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 Blurbird silverstone, LLC (name of entity on behalf of whom record was executed), in the following representative capacity: Manager (type of authority such as officer or trustee) (stamp) BRITTANY MALESPIN Notar Signa e -1 COMMISSION#67029 My C mmission Expires: }. NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 01127/2021 Water Main Easement Version 01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simis ,Ma 12-2022 Attest by Cris Johnso ; ' \Jerk 7-12-2022 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 7-12-2022 (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 Version 01/01/2020 km E N G I N E E R I N G June 15, 2022 Project No.21-202 City of Meridian Water Easement Legal Description Exhibit A A parcel of land for a City of Meridian Water Easement over a portion of Lot 3, Block 1 of Stonemont Subdivision (Book 118 of Plats, Pages 18044-18046),situated in the Southwest 1/4 of the Southwest 1/4 of Section 16,Township 3 North, Range 1 East, Boise Meridian,City of Meridian,Ada County, Idaho and being more particularly described as follows: Commencing at a found 5/8-inch rebar marking the West 1/16 corner of said Section 16,which bears S89'11'53"E a distance of 1,332.53 feet from a found brass cap marking the Southwest corner of said Section 16,thence following the southerly line of said Southwest 1/4 of the Southwest 1/4, N89°11'53"W a distance of 121.11 feet; Thence leaving said southerly line, NOO°48'07"E a distance of 54.86 feet to a found 5/8-inch rebar on the boundary of said Lot 3; Thence following the boundary of said Lot 3, N00°20'35"W a distance of 295.72 feet to a found 5/8-inch rebar; Thence leaving said boundary,585'37'30"W a distance of 42.14 feet to the POINT OF BEGINNING. Thence N71'30'37"W a distance of 12.63 feet; Thence N18'29'23"E a distance of 11.36 feet; Thence S74°48'32"E a distance of 12.65 feet; Thence 518°29'23"W a distance of 12.08 feet to the POINT OF BEGINNING. Said parcel contains 148 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. Attached hereto is Exhibit B and by this reference is made a part hereof. pt LAND o � 6662 '9 OF ,OP yF Y K E's'HR�`�c le is�z� 5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939 • kmengllp.com P:\21-202\CAD\SURVEY1EXHiBITS\21-202 WATER EASENI ENT.DWG,BILL HYNSON,6/1612022,DWG TO PDF.PC3,08.SX1I L[PDFi Ct r r r r -4, Ca N 1 Z N I ' m O V J Cf7 Z Z � Co l v)Lo CNO t (Cr NO O 2_ M ❑ N O fT7 L4 CU Z ❑ CA O N N C4 N Gd J Gt n (11 I p= ::E M M n Z m r ❑ rn _ j U) a) � Q O 0) i'i 'M z Z rn M I 2 I O �� I o /�� � 0 + o Q7 1 C _ o -t r*r I 0 a 0 z / �o y� 1 zO N4gp ' �Z� I m mDO 0 9 co o _0-rD a I o _ m rn NOO*48'07"E CL >t4I 54.86' (TIE) O NOO.20'35"W 295.72' O o zN � ��I I c I I z I � S. Silverstone Way I D o N I m PRoF I I Fs n\ z m cn cn m c} TI TI m C p D O O rn �l 0 � C r C C cn ) n j� X �z, p p m o c o 0 1 d7 M z r �{ 9y0 ���' C z rzi m r I U) cn O - - -- 2i O r M M m o n z = n m m n m v s Exhibit B = WNc� m m 3 Z�� � City of Meridian Water Easement 0 mDI rn II Q a n Ti A E'' A parcel of land being a portion of Lot 3, Block 1 of Stonemont Subdivision,situated in the W Wes — { Z ti o SW 1/4 of the SW 1/4 of Section 16,T.3N., RAE.,B.M.,City of Meridian,Ada County,Idaho 4 12.65 s74'483z :'v � q On N o 4 � n7lo3 p3 71, !2 63 W Title: Date: 06-16-2022 Scale: 1 inch — 5 feet File: Tract 1: 0-003 Acres: 148 Sq Feet: Closure=sl 1.3316w 0.01 Feet: Precision=1/6138: Perimeter f 49 Feet 001=n71.3037w 12.63 003=s74.4832e 12.65 002=n18.2923e 11.36 004=s18.2923w 12.08