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McLinder Subdivision No. 2 Water Main Easement ESMT-2023-0040 (2023-017726) ADA COUNTY RECORDER Trent Tripple 2023-017726 BOISE IDAHO Pgs=9 BONNIE OBERBILLIG 03/29/2023 08:16 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2023-0040 Mclinder Subdivision No. 2 Water Main Easement No. 1 WATER MAIN EASEMENT THIS Easement Agreement, made this 28th day of March, 20 23 betweenTS Development 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 01/01/2020 public street, then, to such extent, such Tight-of-way and casement hereby granted which lies within such boundary tbemof 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 Gra:ntec: that Grantor is lawfully seized and possc-ssed of the aforementioned and described tract of land, and that Grantor has a good and lawful tight to convey said easement. and that (iranior will Warrant and f'orcvc.r dctcnd 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 fast herein above written. GRATq1JD velopment 1_LG Tho as - �. STAT � ) ss County of Ada ) 'Phis record was acknowledged before me on - _ (date) by Thomas Bevan Jr. (name of individual), [complete the following- if signing in a representative capacity, vr.siriker the folio-wing if signing in an individual cupac•i!_v] on behalf of TS oeve+oprnent LLC (mime of entity on behalf of whom record was executed), in the following representative capaci(y; MwvginA.RA (type of authority such as o11icer or trustee) .� otary 51zia ,0 Z My Co mmissi n Expires:71 12026 OF tp,a � rragn Is Nva,• Water Main Easement Versi*n 01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 3-28-2028 Attest by Chris Johnson,City Clerk 3-28-2028 STATE Or IDA1I0, ) Ss. County of Ada This record was acknowledged before me on 3_-28-2028 (date) by Robert E. Simison and Chris Johnson on behalf of the; City of h4eridian, in their capacities as Mayor and City Clerk, respectively. Notary SiLmaturc My Commission Expires- Water Main Easement Version 01/01/2020 5awtooth Land Surveying, LLC /�/� 2030 5. Washington Ave. f-311'�/L/07n Emmett, ID 83G 17 L=ar�SurvEyinq,. �_� P: (208) 398-8 1 04 F: (208) 398 8 105 City of Meridian Water Easement An easement being a portion of Lot 23, Block 1, of McLinder Subdivision No. 2, as shown in Book 111 of Plats at Page 16156, Ada County Records, located in the NW1/4 of the NW1/4 of Section 36, T. 4 N., R. 1 W., B.M., City of Meridian, Ada County, Idaho more particularly described as follows: COMMENCING at a 1/2" rebar/cap PLS 14221 marking the northeast corner of said lot 23; Thence N 89126'18" W., parallel with the north line of said Lot 23, a distance of 34.50 feet; Thence S. 00033'42" W., parallel with the east line of said Lot 23, a distance of 35.11 feet to the POINT OF BEGINNING; Thence S. 0013342" W., parallel with the east line of said Lot 23, a distance of 10.00 feet; Thence S. 89126'18" E., parallel with the north line of Lot 23, a distance of 8.00 feet; Thence S. 0003342" W., parallel with said east line, 5.00 feet; Thence N. 89026'18" W., parallel with said north line, 12.00 feet; Thence N. 00133'42" E., parallel with said east line, 15.00 feet; Thence S. 89026'18" E., parallel with said north line, 4.00 feet; to the POINT OF BEGINNING. The above described easement contains 100 square feet more or less. 1� 574 / z3 P:\2021\1 EMT\121373-SAWTOOTH VILLAGE PIN FLAG-TOPO-GRAND PEAK D EVE LOPMENT\Drawings\Descriptions\121373-WATER EASEMENT LOT23-3123.docx EXHIBIT A LOCATED IN THE NW 114 OF THE NW 114 SECTION 36, T. 4 N., R. 1 W., B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO 2023 -74 Pt or 1p �! S 89°26'18"E 183.86' - 149.36' - 34.50' l I 3 1 _ t I ,y v It O EASEMENT DETAIL I i I S 89°26'8"E Off, j '- 26.50' W t 13 SEE DETAIL Z o� I wl jg ~ I h 8.00' 8 jilrOOSq!.�Feel 1 o Lri N 89026'18"W I 12.00' 2 I � I N 89°59'21"E 163.09' I I J W. ANN TAYLOR ST. NTS PROJECT: CLIENT: 2030 S. WASHINGTON AVE. DWG# CITY OF MERIDIAN MARY MURPHY EMMETT, ID 83617 121373 WATER EASEMENT EXHIBIT 4. ,1& P: (208) 398-8104 PROJECT# LOT 23, BLOCK 1 15/lw/-OOTf F. (208) 398-8105 121373-Ex McLINDER SUBDIVISION NO. 2 SHEET �I �.----- Lo�dSury � LLG 1 2/2023 e1' WWW.SAWFOOTHLS.COM 1 OF 1 Sawtooth Land Surveying, LLC 2030 5. Washington Ave. 45/I0 00r" Emmett, ID 83G17 and>`uive ���i P: (208) 398 81 04 r F: (208) 398-8 1 05 City of Meridian Water Easement An easement being a portion of Lot 26, Block 1, of McLinder Subdivision No. 2, as shown in Book 111 of Plats at Page 16156, Ada County Records, located in the NW1/4 of the NW1/4 of Section 36, T. 4 N., R. 1 W., B.M., City of Meridian, Ada County, Idaho more particularly described as follows: COMMENCING at a 1/2" rebar/cap PLS 14221 marking the southeast corner of said lot 26; Thence N. 00034'02" E., coincident with the easterly line of said Lot 26, a distance of 48.88 feet; Thence S. 89026'18" E., continuing along the easterly line of said Lot 26, a distance of 12.48 feet; Thence N. 00033'02" E., continuing along the easterly line of said Lot 26, a distance of 15.36 feet to the POINT OF BEGINNING; Thence N. 89026'18" W., parallel with the south line of said Lot 26, a distance of 15.35 feet; Thence N. 0003342" E., parallel with the east line of said Lot 26, a distance of 10.00 feet; Thence S. 89126'18" E., parallel with said south line, 15.35 feet; Thence S. 0003342" W., parallel with said east line, 10.00 feet to the POINT OF BEGINNING. The above described easement contains 154 square feet more or less. 19 11574. P:\2021\1 EMT\121373-SAWTOOTH VILLAGE PIN FLAG-TOPO-GRAND PEAK DEVELOP MENT\Drawings\Descriptions\121373-WATER EASEMENT LOT26-3123.docx EXHIBIT B LOCATED IN THE NW 114 OF THE NW 114 SECTION 36, T. 4 N., R. 1 W., B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO 2023 S 89°24'46"E 112.22' i nSUj��I � I I 1 I N EASEMENT DETAIL S 89°26'18"E 15.35' a I m � I 0 I O 4 I W � e 154 Sq. Feet I I I N 89°26'18"W 15.35' 1 I 14.01' IN 8902618'W � I SEE DETAIL r, S 89026'18"E W �•1 r� 12.48' 11574 Pr or I �1FF S�AGL��t I I y Nil s N W26'18"W 185.27' PROJEcr, -CLIENT: 2030 S. WASHINGTON AVE. DwG# CITY OF MERIDIAN MARY MURPHY EMMETT, ID 83617 121373 WATER EASEMENT EXHIBIT A.Ak P: (208)398-8104 PROJECT# LOT 26, BLOCK 1 45/lwrOOT F. (208)396-8105 121373-Ex McLINDER SUBDIVISION NO. 2 sr+EEr DATE: 2/2023 La�Suiveyi0-7,LLG WWW.SAWTOOTHLS.COM 1 OF 1 Sawtooth Land Surveying, LLC J9,X' k 2030 S. Wa5hington Ave. :f�511WI-QQEn Emmett, ID 83G 17 P: (208) 398-8 1 04 C=and Sc rvErinq,. L-L-C F: (208) 398-8 1 05 City of Meridian Water Easement An easement being a portion of Lot 29, Block 1, of McLinder Subdivision No. 2, as shown in Book ill of Plats at Page 16156, Ada County Records, located in the NW1/4 of the NW1/4 of Section 36, T. 4 N., R. 1 W., B.M., City of Meridian, Ada County, Idaho more particularly described as follows: COMMENCING at a 1/2" rebar/cap PLS 14221 marking the southwest corner of said lot 29; Thence N. 0013342" E., coincident with the west line of said Lot 29, a distance of 59.00 feet, to the POINT OF BEGINNING; Thence continuing N. 0013342" E., coincident with said west line of Lot 29, a distance of 20.00 feet; Thence S. 89126'18" E., parallel with the south line of said Lot 29, a distance of 7.00 feet; Thence S. 00133'42" W., parallel with said west line, 20.00 feet; Thence N. 89126'18" W., parallel with said south line, 7.00 feet, to the POINT OF BEGINNING. The above described easement contains 140 square feet more or less. r t 0 11574 �/zJ23 rr or N\`` ✓FFF BEOV P:\2021\1 EMT\121373-SAWTOOTH VILLAGE PIN FLAG-TOPO-GRAND PEAK D EVE LOP MEN T\Drawings\Descriptions\121373-WATER EASEMENT LOT29-3123.docx EXHIBIT C LOCATED IN THE NW 114 OF THE NW 114 SECTION 36, T. 4 N., R. 1 W., B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO 2023 ,;rl 11574 W. McMILLAN RD. �qTF OF J���, BEA����'� N 89°2429"W 170,42' 1 � II I I I � i I i EASEMENT DETAIL I I 1. I IN � S 89°Z6'18"E 7.00' I i I I I JI f I I ryl 'Y Iry 1 I W o WI 3 , ry I ,140 Sq. Feet � o W SI ° v —d Zl 1g Z I I 1 I BLOCK I SEE DETAIL I 1 j � I 1 I N 89°26'18"W 7.00' I$ LQ. I I S 89°26'18"E 171.42' - o I NTS PROJECT: CLIENT: 2030 S. WASHINGTON AVE. DWG# CITY OF MERIDIAN MARY MURPHY EMMETT, ID 83617 121373 WATER EASEMENT EXHIBIT „ P: (208) 398-8104 PROJECT# LOT 29, BLOCK 1 G��rOOr� F: (208) 398-8105 121373-Ex McLINDER SUBDIVISION NO. 2 -/ SHEEF DATE: 2/2023 Lar�Surveyirx/ LLG WWW.SAWTOOTHLS.COM 1 OF 1