Kum and Go Ten Mile Road Water Main Easement ESMT-2023-0078 (2023-029579) ril ttr uttctivsiatY. ADA COUNTY RECORDER Trent Tripple 2023-029579
2701 - Kum & Go Ten Mile Road BOISE IDAHO Pgs=5 CHE FOWLER 05/24/2023 08:05 AM
CITY OF MERIDIAN, IDAHO NO FEE
inter Nfain E sometrt' ttn��5 c
Identify this Easement by sequential number if Project contains
more than one Water Main casement.
See Instructions for additional information).
ESMT-2023-0078
WATER MAIN EASEMENT
THIS Easement Agreement, made this 23 day of Nlay...w,, 20 23 be between
Store 2701, L.L.C.
("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 )
The casement 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 of 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 EXPRESSLYUNDERSTOOD 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
perrnanent 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.
E 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 0 1/0 1/2020
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: KG Store 2701, L.L.C.
STATE OF
ss
County of Poi-K )
This record was acknowledged before me on (date) by N I KI M ASO f1J
(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 KG Store 27.01, L.L.C.
(name of entity on behalf of whom record was executed), in the following representative
capacity: Senior V? (type of authority such as officer or trustee)
(stamp) "W 14-,-- .
Notary Signature
My Commission Expires:_ /,,2- 3
{►�� <e� �IATTHEW K.ROGHAIR
F r Comm4sion Number$07780
ow Y 'es
Water Main Easement Version 0 1/0 1/2020
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor 5-23-2023
Attest by Chris Johnson, City Clerk 5-23-2023
STATE OF IDAHO, )
: ss.
County of Ada )
This record was acknowledged before me on 5-23-2023 (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 3-28-2028
My Commission Expires:
Water Main Easement Version 01/01/2020
WATER EASEMENT
The Land referred to herein below is situated in the County of Ada,State of ID, and is described as
follows:
A parcel of land being a portion of the West 1/2 of the Northwest 1/4 of Section 14,Township 3 North,
Range 1 West, B.M.,Ada County, Idaho, and being more particularly described as follows:
Commencing at a brass cap marking the Northwest corner of said Section 14,which bears N00°33'33"E a
distance of 2,658.39 feet from an aluminum cap marking the West 1/4 corner of said section 14,thence
following the westerly line of the Northwest 1/4 of said Section 14,S00°33'33"W a distance of 1,329.20
feet to a found aluminum cap marking the Northl/16 corner of Sections 14 and 15;Thence leaving said
westerly line,S89°10'27"E a distance of 39.29 feet to the easterly right-of-way line of S.Ten Mile Rd.;
Thence following said easterly right-of-way line NO3°39'37"E a distance of 14.52 feet to the southerly
boundary line of TM Creek Subdivision No, I (Book 110, Page 15663 of Plats, Records of Ada County,
Idaho);Thence leaving said easterly right-of-way line and following the southerly boundary line of said
TM Creek Subdivision No. 1 the following three(3)courses: 1. N66°50'14"E a distance of 186.29 feet; 2.
92.42 feet along the arc of a curve to the right,said curve having a radius of 199.99 feet,a delta angle of
26°28'40", a chord bearing of N80°05'03"E and a chord distance of 91.60 feet; 3.S86°40'15"E a distance
of 73.07 feet;Thence leaving said southerly subdivision boundary line,S10°13'14"W a distance of 38.31
feet;Thence 50.59 feet along the arc of a curve to the left,said curve having a radius of 300.00 feet, a
delta angle of 09°39'41", a chord bearing of S05°23'23"W and a chord distance of 50.53 feet;Thence
S00°33'33"W a distance of 3.72 feet and being the POINT OF BEGINNING.
Thence South 0°33'33" West a distance of 20.00 feet;Thence North 89°26'27" West a distance of 20.50
feet;Thence South 0°33'33" West a distance of 10.00 feet;Thence North 89°26'27" West a distance of
20.00 feet;Thence North 0°33'33" East a distance of 30.00 feet;Thence South 89°26'27" East a distance
of 40.50 feet to the POINT OF BEGINNING.
S�pNAI LgiV
Containing 1,010 sq.ft., or 0.023 acres more or less 4 5 OCE& O�
jp - 13S45 Tc
,O �OF IDP�
\`l° HTcH���
NW corner Section 14, PARCEL LINE SEGMENT TABLE
Township 3 North,
Rouge 1 West, B.M., UNE TAG LENGiH BEARING
Found Monument �
Bross Cop U 1010,2 V AN
L10 N339131'1r K52 N
L11 SIOIS141 X31 0 15 30
L12 S0'033'w 3.72
I SCALE:1"=30'
I L13 S019331V 20.00
L14 NSOW271 20.50
II L15 S01933V 10.M
I
L16 NOW27-W 20.00
L17 N033In I moo
L18 S6 W27 E 40.50
'1 3
L-92.42'
aW R=199.99'
1. CB=N80'05'03'E
H C=91.60'
L=50.59'
I R-300.00'
Lg CB45'23'230W
C-50.53'
WATER MENT
1,0 1
0.023 A L18 12
�Or1A1-LAty4
ENsc°0`sG P.
n L14
a N 13545 0 Lt 6
I tiq 9T4�*
'QOID OF 10
D. MIZC
W 114 Corner Section 14,
Township 3 North,
Rouge 1 West, B.M.,
Found Monument
Aluminum Cop
PROJECT NAME PrajectNo: KUM002701 Galloway
KU M2701 Drawn By: GJS
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Checked By: TWO c wosow.coe m
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WATER EASEMENT Date: 04/12/2023 r°I-Gy's`0.