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Foxcroft Subdivision Water Main Easement No. 1 ESMT-2023-0106 (2023-046925) Proiect Name(Subdivision); Foxeroft Subdivision no 1 ADA COUNTY RECORDER Trent Tripple 2023-046925 BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 08/16/2023 08:15 AM Water Main Easement Number: #1 CITY OF MERIDIAN, IDAHO NO FEE Identify this FAsemont by sequential number if Project contains mom than one Water Main easement. {See Instructions for additional information). ESMT-2023-0106 WATER MAIN EASEMENT THIS Easement Agreement, made this 15th day of August 20 23 betweenchallener i�eveloprrrent Inc ("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: STATE OF IDAHO ) ss County of Ada ) This record was acknowledged before me onjulq'61,)Z�?date) by Corey D Barton (name of individual), [complete the following if is if in a representative capacity, or strike the following if signing in an individual capacity] on behalf of Challenger Development Inc (name of entity on behalf of whom record was executed), in the following representative capacity: President (type of authority such as officer or trustee) (stamp) Notary Signature My Commission Expires: ADA1R KOI.TES Notary Public-State of Idaho Commission Number 30052 My Commission Expire,06 05 2028 Water Main Easement Page 2 Version 04/17/2023 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 8-15-2023 Attest by Chris Johnson, City Clerk 8-15-2023 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 8-15-2023 (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 Exhibit A Water Line Easement Foxcroft Subdivision No. 1 July 27, 2023 A portion of the Northeast 1/4 of the Southeast 1/4 of Section 10, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho more particularly described as follows: Easement "A" Commencing at the East 1/4 corner of said Section 10 from which the Center 1/4 corner of said Section 10 bears, North 89°36'02" West, 2655.68 feet; thence South 79006"1 1" West, 977.63 feet to the westerly boundary line of Mile High Pines Subdivision as filed in Book 123 of Plats at Pages 19602 through 19606, records of Ada County, Idaho and the POINT OF BEGINNING; thence on said westerly boundary line, South 06007'28"West, 22.20 feet; thence leaving said westerly boundary, North 58009'58" West, 39.56 feet; thence 21.06 feet on the arc of a curve to the left having a radius of 83.50 feet, a central angle of 14°27'03" and a long chord which bears North 49037'24" East, 21.00 feet; thence South 58°09'58" East, 23.51 feet to the POINT OF BEGINNING. Containing 621 square feet, more or less. AND Easement "B" Commencing at the East 1/4 corner of said Section 10 from which the Center 1/4 corner of said Section 10 bears, North 89036'02"West, 2655.68 feet; thence South 50037'53"West, 999.29 feet to the POINT OF BEGINNING; thence 14.66 feet on the arc of a curve to the left having a radius of 55.00 feet, a central angle of 15016'30" and a long chord which bears North 50°30'37"West, 14.62 feet; thence North 47007'58" East, 1.94 feet to the southwesterly boundary line of Mile High Pines Subdivision as filed in Book 123 of Plats at Pages Npl LAH� 19602 through 19606, records of Ada County, Idaho �� ��ENsF SG 11779 N���ia�tvz3 ro o0p9TF OF y� MCCP�� Page 1 of 2 thence on said southwesterly boundary line, South 42052'02" East, 14.49 feet to the POINT OF BEGINNING. Containing 9 square feet, more or less. AND Easement "C" Commencing at the East 1/4 corner of said Section 10 from which the Center 1/4 corner of said Section 10 bears, North 89036'02" West, 2655.68 feet; thence South 50°37'53" West, 999.29 feet to the southwesterly boundary line of Mile High Pines Subdivision as filed in Book 123 of Plats at Pages 19602 through 19606, records of Ada County, Idaho and the POINT OF BEGINNING; thence on said southwesterly boundary line, South 42052'02" East, 8.51 feet; thence leaving said westerly boundary, South 47007'58" West, 0.66 feet; thence 8.54 feet on the arc of a curve to the left having a radius of 55.00 feet, a central angle of 08°54'04" and a long chord which bears North 38'25'19"West, 8.54 feet to the POINT OF BEGINNING. Containing 2 square feet, more or less. End of Description. �Npp- LAND �\CE NSF 'S'G 11779 N� /z7/m23�° 04O' F OF y� MCCN Page 2 of 2 EXHIBIT B BASIS OF BEARING N89'36'02"W 2655.68.. """"••••....•, Pine Ave. 1/4 C 1/4 °S.10 o SJO S.11 -3 Point of `o Y1 y Beginning A -j Sl W. Sugar Pine Dr. ` ``1 W.TLittleton LrL— 4a°jN F Detail "A" ' : z Z MILE RICH �h 9i PINES :M A SUBDIVISION q o :Cli� e t/ `A CHESTERFIELD SUBDIVISION NO. 4 - 'Qe 0% Detail "B" �:�QoN 1 W. Newland Ct. �` i p0D -*1 S' Vo Point of Beginning ey B & C Q`F�S Qeo\ OREGON SHORT LINE RAILROAD - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ONP� LA,VD s a �,CENS�c G 11779 A NJ&? 0 N Sccle: 1"=200' �0 0 Op \�PD's• y 0 50 100 200 400 'y McCAN� SEE SHEET 2 FOR DETAILS EXHIBIT B JOB NO. IDAHO WATER LINE EASEMENT 2,ET NO. SURVEY —159 BOSS W.EMERALD 6T SHEET N aoise.iw"oea]oa FOXCROFT SUBDIVISION NO. 1 1 OF 2 (20S)80685]0 GROUP, LLC A PORTION OF THE NE1/4 OF THE SE1/4 OF SECTION 10• T.3N.. RAW. DWO. DATE B.M.• CITY OF MERIDIAN, ADA COUNTY, IDAHO 7/27/2023 SS80 . \ 9 / G1 S8 F 23 \\\ S� Point of Beginning A o \ TSB. \\ \\ y09 N47'07'58"E \ \ 1n / 1 1.94' S � / 0 \ �s�o e°`%o• \\ Detail "A" Scale 1"=10' , \ sr Point of \ \ Beginning \ \ B & C \ \ S \ \ n F 1 \ d \ I Detail "B" \\ S47'07'58"W / 0.66' Scale 1"=5' \\ / Npl LAND CURVE TABLE 5 �NGENS� ` CURVE LENGTH RADIUS DELTA CHORD BRG. CHORD DIST. a 7/79 0 C1 21.06 83.50 14'27'03" N49'37'24"E 21.00 Nl �Z7Z0 C2 14.66 55.00 15'16'30" N50'30'37"W 14.62 �0F OF \aP�2 C3 8.54 55.00 8'54'04" N3825'19"W 8.54 YM McCpN`� EXHIBIT B JOB N0. IDAHO 9955 W EMERALD ST WATER LINE EASEMENT SHEET . $HEF NO. SURVEY 203)U&;a°"°' FOXCROFT SUBDIVISION NO. 1 2 OF 2 GROUP, L LC A PORTION OF THE NE7/4 OF THE SE7/4 OF SECTION 10, T.3N., R.1W., OWD. DATE B.M., aTY OF MERIDIAN, ADA COUNTY. IDAHO 7/27/2023