Outer Banks Elk Ventures: POD3 Development Water Main (2023-039784) groiect Name(Subdivision).
OtAter-P&iviks-Elk Vcwi t t4res:"FO1R� PeyeloLvvi vi ADA COUNTY RECORDER Trent Tripple 2023-039784
BOISE IDAHO Pgs=8 ANGIE STEELE 07/12/2023 11:43 AM
Water Main Easement Number; CITY OF MERIDIAN, IDAHO NO FEE
Identify this Easement by sequential number if Project contains
more than one Water Main easement.
(See Instructions for additional information).
WATER MAIN EASEMENT
THIS Easement Agreement, made this l lth day of ,duly ' 20 23 between 10 Mile Iravikllvi 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, its
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 shall not place or allow to be placed any
permanent structures or obstructions within the easement area that would interfere with
Grantee's use of said easement, including, but not limited to, buildings, trash enclosures,
carports, sheds, fences, trees, or deep-rooted shrubs.
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 Page 1 Version 04/17/2023
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: 10 Mile-Fraviklivi LLC
STATE O ) '
r►t,LGL,
ss
County ofAdtr- ) Q
This record was acknowledged before me on _0 Gv 0 (date) by � i
(name of individual), [complete the following if signing in a representative capacity, or st?-ikLW
the following V-4gningL-i3s�n--1ndividual -capacity] on behalf of 10 Mile. -Fraviklivi LLC
(name of entit} on behalf of whom record was executed), in the following representative
capacity: e �- (type of authority such as officer or trustee)
(stamp)
Notary Signatu e
_ My Commission Expires:_�l ��'1����
pIMfA Jt10�VAZQ� .—
COMM...2265530�A
U p. }gTAfiY PUBi{pCA13FQ
mA T9 L,,Jun2g,20W:e4
11 �
Water Main Easement Page 2 Version 04/17/2023
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor 7-11-2023
Attest by Chris Johnson, City Clerk 7-11-2023
STATE OF IDAHO, )
: ss.
County of Ada )
This record was acknowledged before me on 7-11-2023 (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
Water Main Easement Page 3 Version 04/17/2023
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EXHIBIT"A"
ELKVENTURES
CITY OF MERIDIAN
20-FOOT-WIDE WATER MAIN EASEMENT A
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
South 09°03'52" West, 386.23 feet on a random line to the west right-of-way line of South Ten Mile
Road;Thence leaving the west right-of-way line of said South Ten Mile Road, South 89°48'22" West,
14.00 feet; Thence South 45'35'24" West, 49.60 feet; Thence North 89'24'36" West, 141.63 feet;
Thence North 00°35'24" East, 38.00 feet to the POINT OF BEGINNING of the easement to be described;
Thence South 89'24'36" East,4.99 feet;
Thence North 00'35'24" East, 26.56 feet;
Thence South 89°24'36" East, 11.32 feet;
Thence North 00'35'24" East, 20.00 feet;
Thence North 89'24'36" West, 11.32 feet;
Thence North 00'35'24" East, 5.00 feet;
Thence North 89°24'36" West, 20.00 feet;
Thence South 00°35'24" West, 14.73 feet;
Thence North 89°32'26" West, 22.11 feet;
Thence South 00°27'34" West, 20.00 feet;
Thence South 89°32'26" East, 22.07 feet;
Thence South 00°35'24" West, 16.83 feet;
Thence South 89°24'36" East, 15.01 feet to the POINT OF BEGINNING and the end of this easement
description.
Containing 1699.56 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.
Page 1 of 2
2760 West Excursion Lane,Suite 400,Meridian, ID 83642-5313 www.iub.com 208.376.7330
THE GATEWAY
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EXHIBIT B
FRANKLIN ROAD
5.10 1/4 S89°15'23"E 2640.72 S.1 o S.1 1
5.15 BASIS OF BEARING 5.15 S.14
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Line Table Line Table
Line # Direction Length Line# Direction Length
L1 S89° 24' 36"E 4.99 L7 S00° 35' 24"W 14.73
L2 S89° 24' 36"E 11.32 L8 N89° 32' 26"W 22.11
G\ST AND SG� L3 N00° 35' 24"E 20.00 L9 S00° 27' 34"W 20.00
cam' L4 N89° 24' 36"W 11.32 L10 S89° 32' 26"E 22.07
0
L5 N00° 35' 24"E 5.00 L11 S00° 35' 24"W 16.83
�9TF OF L6 N890 24' 36"W 20.00 L12 S89° 24' 36"E 15.01
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ju. $ � WAT ER MAN EASEMEN TA SHEET
z SITUATE IN THE NE 1/4 OF THE NE 1/4 OF SECTION 15, T3N, R1 W, 1 OF 1
:mj1-U-8 ENGINEERS,INC. BOISE MERIDIAN CITY OF MERIDIAN COUNTY OF ADA STATE OF IDAHO
(IJ•UB , THE GATEWAY
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GROUP
GROUP INC.
J-U-G ENGINEERS,INC. J-U-8 FAMILY OF COMPANIES
EXHIBIT"A"
ELKVENTURES
CITY OF MERIDIAN
20-FOOT-WIDE WATER MAIN EASEMENT B
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
South 09°03'52" West, 386.23 feet on a random line to the west right-of-way line of South Ten Mile
Road; Thence leaving the west right-of-way line of said South Ten Mile Road, South 89°48'22" West,
14.00 feet; Thence South 45°35'24" West, 49.60 feet; Thence North 89°24'36" West, 300.83 feet;
Thence North 00°35'24" East, 161.81 feet to the POINT OF BEGINNING of the easement to be described;
Thence South 89°24'36" East, 92.09 feet;
Thence North 00°35'24" East, 20.00 feet;
Thence North 89°24'36" West, 45.00 feet;
Thence North 00°35'24" East, 12.42 feet;
Thence North 89°24'36" West, 20.00 feet;
Thence South 00'35'24"West, 12.42 feet;
Thence North 89°24'36" West, 27.09 feet;
Thence South 00°35'24" West, 20.00 feet to the POINT OF BEGINNING and the end of this easement
description.
Containing 2090.19 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.
LAND
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Page 1 of 1
2760 West Excursion Lane,Suite400,Meridian,ID 83642-5313 www.iub.com 208.376.7330
EXHIBIT B
FRANKLIN ROAD
S.10 1/4 S89°15'23"E 2640.72 S.10 S.1 1
S.15 BASIS OF BEARING S.15 S.14
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SITUATE IN THE NE 1/4 OF THE NE 1/4 OF SECTION 15, T3N, R1 W, 1 OF 1
J-U-B ENGINEERS,INC. BOISE MERIDIAN CITY OF MERIDIANT COUNTY OF ADA STATE OF IDAHO