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C-Shell 2022-0040 RETAIL Water Main Easement ESMT-2023-0134 (2023-056720) rt ttiii �i C-SHELL 2022-0040 RETAIL ADA COUNTY RECORDER Trent Tripple 2023-056720 BOISE IDAHO Pgs=7 ANGIE STEELE 10/04/2023 09:13 AM Water Main Easement Number: CITY OF MERIDIAN, IDAHO NO FEE Identify this Easement by sequential numbqr if Project contains more than one Water Mam easenteAt. (See Instructions ctions for aMtional infa ation). ESMT-2023-0134 WATER MAIN EASEMENT THIS Easement Agreement, made this 3rd ; day of October ' 20 23 between 10 MileFranklin, LLC ("Grantor"), and the City of Meridian, an Idaho MunicipalCorporation("Grantee"); WHEREAS,the Ghuddfdesires to provide a water main right-of-way across the premises and property hereinafter particularly bounded,and described d WHEREAS, the water main is to be provided for through underground pipelines to be constructed y others; and E WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the tee, NOW,THEREFORE,in consideration of the benefits to beyeceived by the Grantctrj arld='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 TIIIITS A and ) The easement hereby granted is for the purpose of construction and operation of water mains d 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 tunes. TO HAVEAND TO HOLD, the said easement and right-of-way unto the;said Grantee, its successors'96d assigris forever. IT IS EXPRESSLY RST AND AGREED,by and between the parties hereto, that after making r6pairs or performing other maintenance,-Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking suchrepairs 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 GRANTORcovenants and agrees that Grantor shalt 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 04/17/20 3 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 Franklin LLC By: Franklin Mile Managers,LLC its Manager By: Sunny Cove, LLC its Manager Mark Engstrom, Manager OF IDAHO ) ) ss County of Ada This record was ac :36wkdged before me on (date) by (name of individual), [comp he following if signing in a representative capacity, or strike the following if signing in an in ' ' ual capacity] on behalf of (name of entity on behalf of whom re d was executed), in the following representative capacity: (typ authority such as officer or trustee) (stamp) Notary Signature My Commission Expires: Water Main Easement Page 2 Version 04/17/2023 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of (7 ) ss. On S Pp-I' b Pry I Z� before me, ("_(2 ►y N1 She rto w Notary Public personally appeared M 'fl"' k �N�SfirO�1/j who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. U " SIGNATURE �U HE Comm A98L7NOTARYPUkl -CALIF n CO4lXR2A fl PIjREBAP3 2026 L CA-Notary Acknowledgment—One Page GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 10-3-2023 Attest by Chris Johnson, City Clerk 10-3-2023 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 10-3-2023 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature My Commission Expires: 3-28-2028 Water Main Easement Page 3 Version 04/17/2023 C.!U•B l ® THE V f LANOGON MAPPING GROUP 1 INC.INC. J•U•0 ENOINEERS,INC. J U S FAMILY OF COMPANIES EXHIBIT"A" 10 MILE FRANKLIN, LLC CITY OF MERIDIAN 4-FOOT-WIDE WATER MAIN EASEMENT LEGAL DESCRIPTION A water main easement over a portion of Lot 9, Block 1, Outer Banks Subdivision according to the Plat thereof, recorded in Book 126 of Plats, pages 20200—20205 and recorded under Instrument No. 2023- 026654, Records of Ada County, Idaho 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 an Aluminum cap marking the southeast corner of the northeast quarter of the northeast quarter of said Section 15 bears South 00°33'16" West, 1329.09 feet; Thence along the east line of said Section 15, South 00°33'16" West, 775.74 feet;Thence leaving the east line of said Section 15, North 89°24'36" West, 65.85 feet on a random line to the southeast corner of said Lot 9, said point also being the northeast corner of Lot 10 and being on 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 along the common boundary line of said Lot 9 and said Lot 10, North 89°24'36" West, 171.93 feet;Thence leaving said common boundary line, North 00°35'24" East, 22.00 feet to an angle point in an existing City of Meridian utility easement as shown on page 20201 of said Plat of Outer Banks Subdivision, said point is also the POINT OF BEGINNING of the easement to be described; Thence continuing along said existing City of Meridian utility easement, North 00°35'24" East, 27.00 feet to an angle point in said existing City of Meridian utility easement; Thence leaving said existing City of Meridian utility easement, South 89°24'36" East, 4.00 feet; Thence South 00'35'24" West, 27.00 feet to said existing City of Meridian utility easement; Thence along said existing City of Meridian utility easement, North 89*24'36" West,4.00 feet to the POINT OF BEGINNING and the end of this easement description. Containing 108.0 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 IT www.jub.com /' 208.376.7330 ® THE GATEWAY LANODON GATEWAY GROUP INC. J•U-B ENGINEERS,INC. J-U-B FAMILY OF COMPANIES O�P� LAND Joh J. Sh a PLS 15528 lc:,)`'���,��s trRFosG�� �q•�8�Zaz� Date 9rf OF 9` 10-2®Z Page 2 of 2 EXHIBIT "B" LOT 9 W. Franklin Rd. BLOCK 1 OUTER BANKS SUBDIVISON S.10 S.11 (BK.126, POS 20200-20205) S.15 S.14 POSITION OF BRASS CAP S89°24'36"E 4.00' 0 0 � o o � N • Li d Ln o 10 � N � CD N ,0 I z SCALE IN FEET U-) O Q CD � W CD Z � LL- - — o O z O POINT OF Q o �BEGINNING z < N89°24'36"W w !LLJ 4.00' n w O N O O Ln N IO U J 10 I- z 171_93 _ N 65.85 LAND N89°24'36"W N89°24'36"W SrFR SG� C) POSITION OF z ALUMINUM CAP 9�F O ay/V J S��P R-t�-tot3 CITY OF MERIDIAN �— WATER MAIN EASEMENT LEGAL DESCRIPTION SHEET 1 Z __J SITUATE IN THE NE 1/4 OF THE NE 1/4 OF SECTION 15, T3N, R1 W, 1 OF 1 d J-U-B ENGINEERS,INC. BOISE MERIDIAN, CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO