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Red Aspen Water Main Easement No. 1 ESMT-2023-0125 (2023-053909) ADA COUNTY RECORDER Trent Tripple 2023-053909 BOISE IDAHO Pgs=6 VICTORIA BAILEY 09/20/2023 10:45 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2023-0125 Red Aspen Water Main Easement No. 1 WATER MAIN EASEMENT 19th September ASPEN GROVE HOLDINGS, LLC THIS Easement Agreement, made this _ day of P , 20 23 between ("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,le STATE OF IDAHO ) ss County of Ada ) This record was acknowledged before me on (date) by fiew Z1 C� (name of individual), [complete the following if ign ng to a represen a ive capacity, or s ike the following if signing in an individual capacity] on behalf of 1^ V e .. j 05 (name o tity on behalf of whom record was executed), in the fol owing representative capacit : r4tler (type of authority such as officer or trustee) (stamp) Notary Signature FMICHELER.AUMILLER My Commission Expires:SION#68611 Y PUBLIC OF IDAHO �r EXPIRES 1 010 7120 2 8 Water Main Easement Page 2 Version 04/17/2023 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 9-19-2023 Attest by Chris Johnson, City Clerk 9-19-2023 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 9-19-2023 (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 km E N G I N E E R I N G July 28,2022 Project No.21-152 City of Meridian Water Easement Legal Description Exhibit A A parcel of land for a City of Meridian Water Easement over a portion of the Northwest 1/4 of the Northwest 1/4 of Section 24,Township 3 North,Range 1 West, Boise Meridian,City of Meridian,Ada County, Idaho and being more particularly described as follows: Commencing at the Northwest corner of said Section 24,which bears N00.41'26"E a distance of 2,650.84 feet from the West 1/4 corner of said Section 24,thence following the westerly line of said Northwest 1/4 of the Northwest 1/4,500'41'26"W a distance of 223.71 feet; Thence leaving said westerly line,S89.18'34"E a distance of 54.00 feet to the POINT OF BEGINNING. Thence N00°41'26"E a distance of 20.00 feet; Thence S89'41'20"E a distance of 16.08 feet; Thence S00°05'41"E a distance of 20.00 feet; Thence N89°41'20"W a distance of 16.35 feet to the POINT OF BEGINNING. Said parcel contains 324 square feet, more or less,and is subject to all existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. AL L A Iy0 S %c E N SCr FD Gib 662 �9T OF \OPT F14 Y KE\A �Z 5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939 • kmengllp.com 0 50 100 150 Plan Scale: V = 50' 14 13 .NORTHWEST CORNER SECTION 24 23 24 1 W. Overland Road I ff R/W R/W R/W-OSED RIGHT—OF—WAY LINE TABLE (V N LINE BEARING I DISTANCE o`to 1 L1 S89'18'34"E 54.00 (a zin o L2 N00'41'26"E 20.00 m N L3 S89'41'20"E 16.08 -0 0 '0 1 L4 S00'05'41"E 20.00 J U5 41 L5 N89'41'20"W 16.35 a 'n CD I L3� 0 V a J IJ L1 (TIE) NpL LAND c �1-5 �\CENSE�sG� N I ; POINT OF BEGINNING o 2 1 662 0 N L OF �- F� KE 4� WEST 1/4 CORNER �. f SECTION 24 LEGEND 23 /24 N 3 a CALCULATED POINT E PARCEL BOUNDARY LINE _-- ----__EASEMENT LINE SURVEY TIE LINE S — — — SECTION LINE PROPOSED ENGINEERING �� RIGHT—OF—WAY LINE m 5725 NORTH DISCOVERY WAY Y 8O*E,IDAHO83713 Exhibit B S PHONE(206)639L939 j kmenBRpsom City of Meridian Water Easement DATE )u(Y Z022 6 3 PRO)f ECf; 21-1s2 SHEET: A parcel of land over a portion of the Northwest 1/4 of the Northwest 1/4 of 1 OF 1 Section 24,Township 3 North, Range 1 West, B.M.,City of Meridian,Ada County, Idaho 1 16.08 s89041'20'e u N o A H O C A n89"41'20*w 16.35 Title: Date: 07-28-2022 Scale: 1 inch= 10 feet File: Tract 1: 0.007 Acres: 324 Sq Feet:Closure=s89.2553w 0.00 Feet: Precision=1/17614: Perimeter= 72 Feet 001=n00.4126e 20.00 003=s00.054le 20.00 002=s89.4120e 16.08 004=n89.4120w 16.35