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Winco Wells Partial Release of Sanitary Sewer and Water Main Easement ESMT-2023-0028 (2023-010544) ADA COUNTY RECORDER Trent Tripple 2023-01 0544 BOISE IDAHO Pgs=7 CHE FOWLER 02/22/2023 08:55 AM CITY OF MERIDIAN, IDAHO NO FEE SMT-2023-0028 Winco Wells PARTIAL RELEASE OF EASEMENT TYPE OF EASEMENT BEING PARTIALLY LEASED: Water/ Sewer GRANTEE: CITY OF MERIDIAN GRANTORS: MQ Overland- LLQ INCLUDING SUCCESSORS AND ASSIGNS WHEREAS, by easement dated Septemb9l 27th, 2022 and recorded as Instrument Number 2022-082532-in the land records of Ada County, State of Idaho, an easement of the type and nature set forth in the above-captioned title was granted to the City of Meridian, an Idaho Municipal Corporation("the Easement"),upon the real property legally described therein. WHEREAS, the continuance of a certain portion of the Easement is no longer necessary or desirable. NOW, THEREFORE, in consideration of the premises, the City of Meridian does hereby release, vacate, and abandon that certain portion of the Easement on the lands more particularly described on Exhibit A, and depicted on Exhibit B,attached hereto and incorporated herein. All rights and privileges under the under the above-described document in and to the remaining lands covered by the Easement shall remain and continue in the Grantee and shall not be affected in any way hereby. IN WITNESS WHEREOF, THE CITY OF MERIDIAN has caused these presents to be executed by its proper officers thereunto duly authorized this 21 day of February , 20 23 CITY OF MERIDIAN Robert E. Siison; or 2-21-2023 CNiI illlANi<- Attest by Cis Johns°" Zty Clerk 2-21-2023 / STATE OF IDAO, ) ss. County of Ada ) This record was acknowledged before me on 2-21-2023 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. CHARLENE WAY Cha&wWo_ COMMISSION No. 67390 NOTARY PUBLIC Notary Signature STATE OF IDAHO - y Commission Expires: 3-28-2028 Version 01/01/2020 EXHIBIT A (LEGAL DESCRIPTION OF PORTION OF EASEMENT BEING RELEASED) �\ � LEGAL DESCRIPTION ;,"P_` THE Page 1 of 3 00 LAND January 30, 2023 Project No.: 120124 SEWER/WATER EASEMENT RELEASES WINCO WELLS SUBDIVISION No.1 MB OVERLAND WELLS, LLC EASEMENT RELEASE-1 A portion of existing sewer and water easement, recorded as Instrument No. 2022-082532, Ada County records, located Lot 1 of Winco Wells Subdivision No. 1, recorded in Book 125 of Plats at Pages 19938- 19941, Ada County records, situate in the Southwest Quarter of the Southeast Quarter of Section 17, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: COMMENCING at the South One Quarter Corner of said Section 17, (from which point the Southeast Corner of said Section 17 bears North 89°46'00" East, 2656.84 feet distant); thence on the south line of said Section 17, North 89°46'00" East, 690.84 feet;thence leaving said south line, North 00°14'00" West, 76.28 feet to a point common with the said northerly right of way line of East Overland Road, and the Southwest corner of said Lot 1;thence North 00°24'05" East, 131.62 feet on the westerly boundary line of said Lot 1;thence leaving said westerly boundary line, South 89°35'55" East, 56.00 feet to a point on said existing sewer and water easement, and the POINT OF BEGINNING of EASEMENT RELEASE-1: Thence North 00° 24' 32" East, 10.00 feet on the said existing sewer and water easement; Thence leaving the said existing sewer and water easement, South 89°35' 55" East, 30.27 feet; Thence South 00°24'05" West, 10.00 feet; Thence North 89' 35' 55" West, 30.27 feet to a point on the said existing sewer and water easement and the POINT OF BEGINNING of EASEMENT RELEASE-1. The above-described easement contains 303 Ft' more or less. TOGETHER WITH EASEMENT RELEASE-2 A portion of existing sewer and water easement, recorded as Instrument No. 2022-082532, Ada County records, located Lot 1 of Winco Wells Subdivision No. 1, recorded in Book 125 of Plats at Pages 19938- 19941, Ada County records, situate in the Southwest Quarter of the Southeast Quarter of Section 17, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: COMMENCING at the South One Quarter Corner of said Section 17, (from which point the Southeast Corner of said Section 17 bears North 89°46'00" East, 2656.84 feet distant); thence on the south line of said Section 17, North 89°46'00" East, 690.84 feet; thence leaving said south line, North 00°14'00" West, 76.28 feet to a point common with the said northerly right of way line of East Overland Road, and the Southwest corner of said Lot 1; thence North 00°24'05" East, 305.36 feet on the westerly boundary line of said Lot 1;thence leaving said westerly boundary line, South 89°35'55" East, 324.47 feet to a point on said existing sewer and water easement, and to the POINT OF BEGINNING of EASEMENT RELEASE-2: Thence South 89°35' 55" East, 24.82 feet; 462 East Shore Drive, Suite 100, Eagle, Idaho 83616 , 2M939AC41 thelandgroupinc.com January 30, 2023 Page 2 Thence South 00'24'05" West, 10.00 feet; Thence North 89' 35' 55" West, 24.82 feet to a point on the said existing sewer and water easement; Thence North 00'24'05" East, 10.00 feet on the said existing sewer and water easement and the POINT OF BEGINNING of EASEMENT RELEASE-2. The above-described easement contains 248 Ft2 more or less. TOGETHER WITH EASEMENT RELEASE-3 A portion of existing sewer and water easement,recorded as Instrument No. 2022-082532,Ada County records, located Lot 1 of Winco Wells Subdivision No. 1, recorded in Book 125 of Plats at Pages 19938- 19941, Ada County records, situate in the Southwest Quarter of the Southeast Quarter of Section 17, Township 3 North, Range 1 East, Boise Meridian, City of Meridian,Ada County, Idaho, being more particularly described as follows: COMMENCING at the South One Quarter Corner of said Section 17, (from which point the Southeast Corner of said Section 17 bears North 89`46'00" East, 2656.84 feet distant); thence on the south line of said Section 17, North 89`46'00" East, 690.84 feet; thence leaving said south line, North 00°14'00" West, 76.28 feet to a point common with the said northerly right of way line of East Overland Road, and the Southwest corner of said Lot 1; thence North 00°24'05" East, 460.60 feet on the westerly boundary line of said Lot 1;thence leaving said westerly boundary line, South 89°35'55" East, 265.95 feet to a point on said existing sewer and water easement,and to the POINT OF BEGINNING of EASEMENT RELEASE-3: Thence North 00' 24' 05" East, 10.00 feet; Thence South 89' 35' 55" East, 28.52 feet to a point on the said existing sewer and water easement; Thence South 00'24'05" West, 10.00 feet on the said existing sewer and water easement; Thence leaving said existing sewer and water easement, North 89°35'55"West,28.52 feet to the POINT OF BEGINNING of EASEMENT RELEASE-3. The above-described easement contains 285 Ft2 more or less. TOGETHER WITH EASEMENT RELEASE-4 A portion of existing sewer and water easement, recorded as Instrument No. 2022-082532, Ada County records, located Lot 1 of Winco Wells Subdivision No. 1, recorded in Book 125 of Plats at Pages 19938- 19941, Ada County records, situate in the Southwest Quarter of the Southeast Quarter of Section 17, Township 3 North, Range 1 East, Boise Meridian, City of Meridian,Ada County, Idaho, being more particularly described as follows: COMMENCING at the South One Quarter Corner of said Section 17, (from which point the Southeast Corner of said Section 17 bears North 89°46'00" East, 2656.84 feet distant); thence on the south line of said Section 17, North 89`46'00" East, 690.84 feet;thence leaving said south line, North 00°14'00" West, OF Site Planning• Landscape Architecture•Civil Engineering•Surveying 462 E.Shore Drive,Suite 100• Eagle, Idaho 83616• P 208.939.4041•www.thelandgroupinc.com January 30, 2023 Page 3 76.28 feet to a point common with the said northerly right of way line of East Overland Road, and the Southwest corner of said Lot 1;thence North 00°24'05" East, 664.96 feet on the westerly boundary line of said Lot 1;thence leaving said westerly boundary line, South 89°35'55" East, 324.47 feet to a point on said existing sewer and water easement, and the POINT OF BEGINNING of EASEMENT RELEASE-4: Thence North 00' 24' 05" East, 10.00 feet on the said existing sewer and water easement; Thence leaving the said existing sewer and water easement, South 89' 35' 55" East, 24.80 feet; Thence South 00'24'05" West, 10.00 feet; Thence North 89' 35' 55" West, 24.80 feet to a point on the said existing sewer and water easement and the POINT OF BEGINNING of EASEMENT RELEASE-4. The above-described easement contains 248 Ftz more or less. TOGETHER WITH EASEMENT RELEASE-5 A portion of existing sewer and water easement, recorded as Instrument No. 2022-082532, Ada County records, located Lot 1 of Winco Wells Subdivision No. 1, recorded in Book 125 of Plats at Pages 19938- 19941, Ada County records, situate in the Southwest Quarter of the Southeast Quarter of Section 17, Township 3 North, Range 1 East, Boise Meridian, City of Meridian,Ada County, Idaho, being more particularly described as follows: COMMENCING at the South One Quarter Corner of said Section 17, (from which point the Southeast Corner of said Section 17 bears North 89°46'00" East, 2656.84 feet distant); thence on the south line of said Section 17, North 89°46'00" East, 690.84 feet; thence leaving said south line, North 00°14'00" West, 76.28 feet to a point common with the said northerly right of way line of East Overland Road, and the Southwest corner of said Lot 1; thence North 00°24'05" East, 797.64 feet on the westerly boundary line of said Lot 1; thence leaving said westerly boundary line, South 89°35'55" East, 56.00 feet to a point on said existing sewer and water easement, and to the POINT OF BEGINNING of EASEMENT RELEASE-5: Thence North 00` 24' 05" East, 10.00 feet on the said existing sewer and water easement; Thence leaving the said existing sewer and water easement, South 89° 35' 55" East, 30.32 feet; Thence South 00' 24'05" West, 10.00 feet; Thence North 89' 35' 55" West, 30.32 feet to a point on the said existing sewer and water easement and the POINT OF BEGINNING of EASEMENT RELEASE-S. The above-described easement contains 303 Ft' more or less. Prepared by: The Land Group,Inc. �O�p,L LA DS E Michael S. Femenia, PLS a 5 1 OF 4' U1/3U/2U23 Ar Site Planning• Landscape Architecture•Civil Engineering•Surveying 462 E.Shore Drive,Suite 100• Eagle, Idaho 83616•P 208.939.4041•www.thelandgroupinc.com EXHIBIT B (MAP DEPICTING THE PORTION OF THE EASEMENT BEING RELEASED) W A y m £ m CD CD CD easy W r G G 6 G G 5 G G — .'�C = O CD CO gn 3 � � Ell alC sscm 9 I ss u^ t � �� � Will aa xa ;raesaeoxejs - ziz m �+-'r'e � CD CD 'COD M CR .�— -- _ a a y CD CD - -----___ R.p d^.\ qB Fail'ev) a rrt L 7 \ �x r sam55E $ I Sio I ' IL --� I I J Ia II I m Ma9_ E I I I rC <Sm I � Igag c I I I I mom I I , a I T �---i- I I I I , , , u I I I_$ I I I I L k I —_— -- ----------------------- r------------------------,I F----1 ' 25 mF� L I ——�— I La—, 7————88T988YE 921.4T __J I I I ,�se.vo•�g�� I I ___ , l I - n J II .^ twx anvwaam• wwawww " ,.— '^-------"' � sn. as r„ EAST OVERLAND ROAD 1 ' 19089 58'SBBI _ �/ 3AU.9C.88N i TRry _3 Sewer/Water Easement - Releases 1 0 0 City of Meridian too i e� 2700 East Overland Road �=T g; i® Meddler,Idaho 83642 C