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Elsinore Daycare Lots 12 and 13, Block 2 of Paramount Square Subdivision Water Main Easement ESMT-2022-0201 (2022-065021) ADA COUNTY RECORDER Phil McGrane 2022-065021 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 07/20/2022 08:06 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0201 Elsinore Daycare Lots 12 and 13, Block 2 of Paramount Square Subdivision WATER MAIN EASEMENT THIS Easement Agreement, made this 19th day of July 20 22 between EIG I 4T PRI ID N MERIDIAN LLC, a Michigan limited liability company ("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 and/or an above-ground hydrant and meter to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines,hydrant and meter 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, hydrants and meters 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, hydrants and meters 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 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: EIG14T PRI ID N MERIDIAN LLC, a Michigan limited liability company Reed Fenton, Manager STATE OF MICHIGAN ) ) ss County of OAKLAND ) This record was acknowledged before me on June 29, 2022 by Reed Fenton on behalf of EIG14T PRI ID N MERIDIAN LLC in the following representative capacity:Manager. (stamp) Notary Sign tur ary ro Ma °�� My Commission Expires: Public of Michiyari klar4 County ExpimsA813 AcWV in the County 2 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 7-19-2022 Attest by Chris Johnson, City Clerk 7-19-2022 STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on July 19 , 20 22by 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 3 TEAL,EY'S LAND 12594 W. Explorer Drive, Suite 150 • Eloise, Idaho 83713 SURVEYING (208) 385-063$ a] Fax(208) 385-0696 Project No.:4858 EXHIBIT "A" Hate:July 1, 2022 DESCRIPTION OF CITY OF MERIDIAN WATER MAIN EASEMENT FOR €16144T PRl ID MERIDIAN LLC (PRIMROSE SCHOOLS) A parcel of land being a portion of Lots 12 and 13 of Block 2 of Paramount Square Subdivision, as filed for record in the office of the Ada County Recorder, Boise, Idaho in Book 109 of Plats at page 15586, said parcel being situated in the SE 1/4 of Section 25, TAN., R.1 W., B.M., Meridian,Ada County, Idaho and more particularly described as follows COMMENCING at the Southeast corner of said Section 25, marked by a brass cap; thence along the South line of said Section 25 North 89027"26"West 743.48 feet to a point on the extended West line of said Lot 13; thence along said extended West line and the West line of said Lot 13 North 00023'20" East 183.69 feet to the Northwest corner of said Lot 13 which point is the POINT OF BEGINNING, marked by an iron pin; thence along the West line of said Lot 12 North 00023'20" East 15.50 feet to a point; thence at right angles South 89"36'40" East 24.00 feet to a point; thence South 32006'40" East 29.50 feet to a point; thence at right angles South 57053'20"West 25.00 feet to a point; thence at right angles North 32006'40"West 21.71 feet to a point; thence at right angles to said West line of Lot 13 North 89036'40"West 7.10 feet to a point on said West line of Lot 13; thence along said West line North 00023'20" East 4.50 feet to the POINT OF BEGINNING Said Parcel Contains 951 Square Feet, more or less. LA a 34 P, 0g - l�lf A. 1 yv i i EXHIBIT $,8,, CITY OF MERIDIAN WATER MAIN EASEMENT FOR FIG14T PRI Ili N MERIDIAN LLC ! - - (PRIMROSE SCHOOLS) IN LOTS 12 & 9,BLOCK 2, PARAAOUNT SQUARE SUBDIVISION. LYING IN THE SE 1/4,SECTION 25, TAN.,R.IW.,S.A., MERIDIAN, ADA COUNTY.IDAHO I f, it Z NORTH = i 1 L r ,?, 0 20 40 80 € N 00°23'20°E ° S 89 3b *f0 E - J 15.5D' 1 ° ° _. SCALE IN FEET POINT OF BMNNING ; I 24.00 - !„ = 40' NW CORNER LOT 13 '�;' •1 ,. €1 _ S 32°06'400 E A` ! ! 29.50' N 00"23120"6 ar ^ 4ar0' " I i } 7.l0' 25.00' N 32*06'40" W57°53'20" P 347 IV f -- OF 60 N, ! S: rf t }3 I O m ( mx i 25 193$50' ___�� __ 743.48' 25 30 36 _ N 89°27'26" W�2681,981 _ _—— 36 31 WEST AcMILLAN ROAD MR TEALEY'S LAND SURVEYING 12594 W. EXPLORER DRIVE, SUITE 150. BOISE, ID 83713 208-385-0636 4858—Ease—Wafer.dwg 07-0122 15:52:20 dmarks "'` ""