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Foxcroft Subdivision ESMT-2023-0011 Water Main Easement No. 1 (2023-007755) ADA COUNTY RECORDER Trent Tripple 2023-007755 BOISE IDAHO Pgs=5 LINDSAY WHEELER 02/08/2023 09:18 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2023-0011 Foxcroft Subdivision Water Main Easement No. 1 WATER MAIN EASEMENT THIS Easement Agreement, made this 7th day of February, 20 23 between � Odl lCF•� �5, ("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 t 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. i< r i 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. I 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 k I i` i Water Main Easement Version 01/01/2020 i- 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 ) I ) ss County of Ada ) This record was acknowledged before me on In,W,)Ol 'date) by_ .rl�l (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 _OD9, Dba,,fje^¢r. lj-r, (name of entity on behalf of whom record was executed), in the following representative capacity: /1/We^4,bP-1- (type of authority such as officer or trustee) (stamp) 4 Notary Signature AOAIR KOLTES My Commission Expires:_P) -)6A Notary Public- State of Idaho Commission Number 30052 My Commission Expires 06-05-2028 Water Main Easement Version 01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 2-7-2023 Attest by Chris Johnson, City Clerk - - 023 STATE OF IDAHO, ) : ss. County of Ada j This record was acknowledged before me on 2-7-2023 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) Notary Signature My Commission Expires: 3-28-2028 f f }r 1 s Water Main Easement Version 01/01/2020 Exhibit A Description for Water Main Easement Foxcroft Subdivision January 7, 2023 A portion of the Northeast 1/4 of the Southeast 114 of Section 10, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho more particularly described as follows: Commencing at the Center 1/4 corner of said Section 10 from which the East 1/4 corner of said Section 10 bears South 89036'02" East, 2655.68 feet;thence on the east-west centerline of said Section 10, South 89°36'02" East, 1,682.06 feet;thence leaving said east-west centerline, thence South 00023'58" West, 43.78 feet to the south right-of-way line of W. Pine Avenue and the POINT OF BEGINNING; thence on said south right-of-way line, North 8719'37" East, 20.03 feet; thence leaving said south right-of-way line, South 00023'58" West, 21.05 feet; thence North 89°36'02"West, 20.00 feet; thence North 00023'58" East, 19.98 feet to the POINT OF BEGINNING. Containing 410 square feet or 0.01 acres, more or less. End of Description. f I F 9{f� E N.S G I 11779 1/1��3 ��p9r" OF \�P o� Y41 M cC N�` Page 1 of 1 t Exhibit B Scale: t"=204' 0 50 100 200 400 n� VIPER INVESTMENTS LLC tier, BASIS OF BEARING S8936'02"E 2655.68' .. Point of L1 � 1682.06' _�EEEBeginning L2-973.61' 1 4 W. Pine Ave. C 1/4 S,YO 5,11 SA O L5 L4 L3 -ci OPEN DOOR COREY RENTALS LLC BARTON a�i MILE HIGH r- �? -� PINES SUB. z oNNL LA LINE TABLE 5� �%cE.NS `� ` LINE BEARING LENGTH_ o L1 SO'23'58"W 43.78 11 T23 9 � L2 N87'19'37"E 20.03 L,VZ j `QQ L3 SO.23'58"W 21.05 0 of o YM M cC N L4 N89'36'02"W 20.00 L5 NO'23'5B"E 19.98 EXHIBIT DRAWING FOR roe IDAHO 2'-159 9955 W EMERALD ST. WATER MAIN EASEMENT SHEET NO. SURVEY BOISE,M HOa070a 1208)US-8570 FOXCROFT SUBDIVISION y, L GROUP, LLC A PORTION OF THE NEl/4 OF THE SE7/4 OF SECTION 10. T.3N., R.M. D,M, OWO. DATE CITY OF MERIDIAN, ADA COUNTY. IOAHO 1/7/2023