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Wienerschnitzel Water Main Easement ESMT-2023-0119 (2023-056726) ADA COUNTY RECORDER Trent Tripple 2023-056726 Project Name (Subdivision : BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 10/04/2023 09:15 AM -W-1en Bchnitze CITY OF MERIDIAN, IDAHO NO FEE Water Main Easgmgnt Number; Identify this Easement by sequential number if Project contains more than one Water Main easement. (Sec,Instructions for additional information). ESMT-2023-0119 WATER THIS Easement Agreement, made this 3rd day of October , 20-23 between Paul Del Bufalo ("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 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 nol place or allow to be placed any permanent structures or obstructions within the easem„rft 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 Wafter Main Easement Page I 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 on IV AA ?, (date) by ,• (name of individual), [complete the following if sagn ng to a representative apaccty, or strike the following if signing in an individual capacity] on behalf of ( ru, , Z""OrL! �i v�riS (name of entity on behalf of whom record was executed), in the f flowing epresen ative J capacity: owner (type of authority such as officer or trustee) (stamp) `� Notary Signature ?,osio Vied ®�� Pslon My Commission Expires: 0 `��� •. •F of%ti Org4 N a •'t�'AU13 L 1 G ' % o f 1 Ill Oe,,�,�a, Water Main Easement Page 2 Version 04/17/2023 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 km E N G € N EER ING August 17,2023 Project No.22-127 City of Meridian Water Easement Legal Description Exhibit A A parcel of land for a City of Meridian Water Easement situated in a portion of Lot 2, Block 1 of Fluid Estates Subdivision (Book 123 of Plats, Pages 19494-19497),situated in the Northwest 1/4 of the Northwest 1/4 of Section 35,Township 4 North, Range 1 West, Boise Meridian, City of Meridian,Ada County, Idaho and being more particularly described as follows: Commencing at a found 1/2-inch rebar marking the Northeast corner of said Lot 2,which bears S88°58'19"E a distance of 236.96 feet from a found 1/2-inch rebar marking the Northwest corner of said Lot 2,thence following the northerly line of said Lot 2, N88°58'19"W a distance of 29.50 feet to a found 1/2-inch rebar; Thence leaving said northerly line,S01'01'50"W a distance of 19.98 feet to the POINT OF BEGINNING. Thence S01°01'50"W a distance of 20.00 feet; Thence N88°58'10"W a distance of 50.50 feet; Thence N01°01'50"E a distance of 20.00 feet; Thence S88°58'10"E a distance of 50.50 feet to the POINT OF BEGINNING. Said parcel contains 1,010 square feet, more or less,and is subject to all existing easements and/or rights-of- way of record or implied. All subdivisions,deeds, records of surveys, and other instruments of record referenced herein are recorded documents of the county in which these described lands are situated. Attached hereto is Exhibit B and by this reference is made a part hereof. \ONpL LAyDaf S 2 906 e TF OF 0 U17008 5725 North [Discovery Way • Boise, Idaho 83713 • 208.639.6939 • kmengllp.com I':\22-127\CAD\SURVEY\EXHIBfTS\22-127 WATER EASEMENT.DWG,KOBE ZIMMERMAN,8/17/2023,DWG TO PDF.PC3,08.5X11 l iPDF] 5. z \ G rz \ O 03 o oza o D 00 1i 01 -- Cq m cn 0 cn 0 n 2 O tna g I m A rn _ v Cn O a o a ci y rn � j ri M co 0 I a rn co z I ni O 0 0 0 0 z I n iM 0 I aj I N I I ly I j LU O o � � I O IT � � I M I M n I G M • m a = f7z o 00 1 w o� 0D 00m O Cn c1 0° 03U) `znz (00 -1 71 03 Ir- LL" N r 4�:, rnz 5 0 Ui c0 I f fi 7- { O 77 rQ I (0 z IN �i 10 I I i z L 1 i -1 M I �z� I nno cn j o71K-zi —IzM Zz 0 1 N�]�� z / z / m Ln v o n Exhibit B J zwN" L� Mm z° City of Meridian Water Easement o n -a O�=o rn TI w O m A x 17-1 A portion of Lot 2, Block 1 of Fluid Estates Subdivision,situated in the NW 1/4 of the NW 1/4 n Z g of Section 35,T.4N., RAW., Boise Meridian,City of Meridian,Ada County, Idaho N N 50.50 s88°58'10"e 0 3 O - n b 0 0 r o N ° O O O N G O n88°58'10"w 50.50 Title: Date: 08-17-2023 Scale: 1 inch= 10 feet File: Deed Plotter.des Tract 1: 0.023 Acres: 1010 Sq Feet: Closure=n00.0000e 0.00 Feet: Precision>1/999999: Perimeter 141 Feet 001=s01.0150w 20.00 003=n0i.0150e 20.00 002=n88.5810w 50.50 004=s88.5810c 50.50