C- Shell Starbucks Water Main Easement ESMT-2022-0066 (2022-098682) ADA COUNTY RECORDER Phil McGrane 2022-098682
BOISE IDAHO Pgs=6 VICTORIA BAILEY 12/14/2022 09:47 AM
CITY OF MERIDIAN, IDAHO NO FEE
ESMT-2022-0066 C-Shell Starbucks 2022-0026
WATER MAIN EASEMENT
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THIS Easement Agreement, made this 13t day of December, 20 22 between t r l G
("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
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:
STATE OF IDAHO ) Next Page
ss
County of Ada )
This record was acknowledged before me on (date) by
(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
(name of entity on behalf of whom record was executed), in the following representative
capacity: (type of authority such as officer or trustee)
(stamp)
Notary Signature
My Commission Expires:
Water Main Easement Version 0 1/0 1/2020
ACKNOWLEDGMENT
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 YOLO y
On 01 DECEMBER 2022 before me, VICKIE S. REYES, NOTARY PUBLIC,
(insert name and title of the officer)
personally appeared MARK L ENGSTROM
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) 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.
VICKIE SI RREYES
WITNESS my hand and official seat. w COMM. #2423030 z
ZNotary Public•California o
YOIo County
Carom.a i Oct 23.2G2b
Signature (Seal)
WATER EASEMENT CITY OF MERIDIAN/IDAHO MUN CORP.
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor 12-13-2022
Attest by Chris Johnson, City Clerk 12-13-2022
STATE OF IDAHO, )
ss.
County of Ada )
This record was acknowledged before me on 12-13-2022 (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 3-28-2028
My Commission Expires:
Water Main Easement Version 01/01/2020
UT ® THE ® GATEWAY
(` LANGDON MAPPING
GROUP INC.
J•U-8 ENGINEERS,INC. J-U-8 FAMILY OF COMPANIES
EXHIBIT"A"
ENGSTROM PROPERTIES
CITY OF MERIDIAN
10-FOOT-WIDE WATER MAIN EASEMENT
LEGAL DESCRIPTION
A water main easement located in a portion of the Northeast Quarter of the Northeast Quarter of
Section 15, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more
particularly described as follows:
COMMENCING at a Brass cap marking the northeast corner of said Section 15,from which a Brass cap
marking the north quarter corner of said Section 15 bears South 89°15'23" East, 2,640.72 feet; Thence
S09°03'32"W, 386.23 feet on a random line to the west right-of-way line of South Ten Mile Road;
Thence S00°11'38"E, 81.11 feet on along the west right-of-way line of said South Ten Mile Road;Thence
S89°58'25"W, 181.83 feet to the POINT OF BEGINNING of the easement to be described;
Thence continuing South 89°58'25" West, 10.0 feet;
Thence South 00°35'24" West, 10.0 feet;
Thence North 89°58'25" East, 10.0 feet;
Thence North 00°35'24" East, 10.0 feet to the POINT OF BEGINNING and the end of this easement
description.
Containing 100.0 square feet, more or less.
This description was prepared by me or under my supervision. If any portion of this description is modified
or removed without the written consent of John J. Shea, PLS, all professional liability associated with this
document is hereby declared null and void.
OAP` LAND
Jo J. e , PLS 15528 4? "G1STJ `SG�
11-50-Zoz.Z
Date CV/0 9Tf �P P
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Page 1 of 1
2760 West Excursion Lane, Suite 400,Meridian, 1D 83642-5313 www.*ub.com 208.376.7330
EXHIBIT "B"
W. Franklin Rd.
Basis of Bearings
S.10 1/4 S89'15'23"E 2640.72' S.10 S.11
S.15
7 S.15 S.14
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0 10
SCALE IN FEET
CV
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POINT OF
BEGINNING
— — ----- — — —
L4 L3
IJ JI
L6
LINE TABLE
Al— —�
NO. BEARING DIST.
L1 S9°03'52"W 386.23'
L2 SO°11'38"E 81.11'
LAND L3 S89°58'25"W 181.83'
COD `�� ° G L4 S89°58'25"W 10.00'
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L5 SO'35'24"W 10.00'
�O9TF OF \�P�P L6 N89°58'25"E 10.00'
j • S L7 NO°35'24"E 10.00'
Il_ 30_ �p2?i
CITY OF MERIDIAN
,B WATER MAIN EASEMENT LEGAL DESCRIPTION SHEET
SITUATE IN THE NE 1/4 OF THE NE 1/4 OF SECTION 15, T3N, R1 W, 1 OF 1
b 1•U-B ENGINEERS,INC. BOISE MERIDIAN, CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO