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Chipolte Shell (Medina Subdivision) LDIR-2023-0035 Water Main Easement ESMT-2023-0137 (2023-059089) ADA COUNTY RECORDER Trent Tripple 2023-059089 BOISE IDAHO Pgs=5 VICTORIA BAILEY 10/18/2023 08:15 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2023-0137 Chipolte Shell (Medina Subdivision) LDIR-2023-0035 EasementWATER MAIN EASEN11ENT THIS Agreement, made this (- 17th dayof October, 2023 Smith Frazier, LLC _ GrantorC�Grantoej,and the City of Meridian, an Idaho desires to provide a water main right-of-wayacross the premises property hereinafter particularly e water mainis to be provided or through underground pipelines constructed ; and it will be necessary to maintain and s said i l' e by the Grantee; THEREFORE,in consideration of the benefits to be received valuablegood and consideration, the Grantor does hereby give, grant and convey unto the Granteeright-of-way t for the operation and maintenance of water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) e easement hereby granted is fore purpose of construction theirand li facilities, together with their maintenance, repair and replacement at the convenience of the Grantee,with the free right of access to sucht any and an times. TO HAVE AND TO HOLD, the said et and right-of-waye said Grantee, i successors and assignsforever. AGREED,IT IS EXPRESSLY UNDERSTOOD AND by and between after maldng repairs r performing other maintenance! Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaldng such However, Grantees t be responsible for repairing, replacing or restoring placedanything e area described in this easementt was placed there in violation easement.of this covenantsTHE GRANTOR s that Grantor shall not place or allow to be placed t structures oro e easement area that would interfere with Grantee's use of said easement, including, t not limited to, buildings, trash enclosures, carports, sheds, f c , trees, or deep-rooted shrubs. covenantsTHE GRANTOR e Grantee that should any part ofright-of- way t hereby granted shall become part of, or he 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: Smith Frazier, LLC S ATE OF IDAHO ) ) ss County of Ada ) l This record was acknowledged before me one I25 4OZ 3 date b C g �( ) Y (name of individual), [complete the following if signing in a representivepa a&z-fej-- r strike the following if signing in an individual capacity] on behalf of Wt I LUI— (name of entity—on behalf of whom record was executed), in the following representative capacity:. Manager (type of authority such as officer or trustee) q3'.•• '••. •. Notary Si '�.•' NOTARY �;�• My Commis Expires. 2 G( 20 Z —•— Z • c = pUB �L OF Water Main Easement Page 2 Version 04/17/2023 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 10-17-2023 Attest by Chris Johnson, City Clerk 10-17-2023 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 10-17-2023 (dft) 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 LEGAL DESCRIPTION A parcel of land being a portion of Parcel E as shown on Record of Survey No. 13573, instrument No. 2022-070648 Ada County Records, in the NE 1/4 Section 24, T. 3N, R.1W, Boise-Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Southwest corner of said Parcel E, thence on the westerly line of said Parcel E N00100'16"W a distance of 15.47 feet to a point on the north line of a water and sewer easement as shown in Instrument Number 107141995; thence on last said north line S89058'40"E a distance of 13.26 feet to the Point of Beginning; thence N00001'31"E a distance of 173.42 feet; thence S89158'29"E a distance of 19.99 feet; thence S0001'15"W a distance of 4.27 feet; thence N89034'07"E a distance of 20.26 feet; thence S00001'17"W a distance of 20.00 feet; thence S89034'07"W a distance of 20.28 feet; thence S00001'15"W a distance of 116.90 feet; thence S89158'38"E a distance of 27.00 feet; thence N00001'22"E a distance of 10.00 feet; thence S89158'38"E a distance of 20.00 feet; thence S00101'22"W a distance of 30.00 feet; thence N89058'38"W a distance of 47.00 feet; thence S00001'15"W a distance of 12.25 feet thence N89058'40"W a distance of 20.00 feet to the Point of Beginning. The above described parcel contains 5,013 Square Feet, more or less. See Exhibit B, attached hereto and made part hereof. ? 8350 911 3M F EXHIBIT B A PARCEL OF LAND BEING A PORTION OF PARCEL E AS SHOWN ON RECORD OF SURVEY NO. 13573, INSTRUMENT NO.2022-070648 ADA COUNTY RECORDS,IN THE NE 1/4 SECTION 24,T.3N, RAW, BOISE-MERIDIAN,CITY OF MERIDIAN,ADA COUNTY, IDAHO N Parcel Line Table Line# Bearing Length L1 N89°58'40"W 20.00' Scale 1"=50' L2 S89°58'29"E 19.99' 0 25' 50, L3 SO*01'15"W 4.27' BEARINGS AND DISTANCES MAY VARY FROM PREVIOUS PLATS DUE TO DIFFERENT METHODS L4 N89°34'07"E 20.28' OF MEASUREMENTS. L5 SO'01'17"W 20.00' L6 S89°34'07"W 20.28' L2 L7 S89°58'38"E 27.00' L4- L8 NO'01'22"E 10.00' LO L9 S89°58'38"E 20.00' L6 20.0'WATER L10 SO*01'22"W 30.00' AND SEWER EASEMENT L11 N89°58'38"W 47.00' I.N. 107141995 L12 SO'01'15"W 12.25' L13 S89°58'40"E 13.26' I Z Q w L14 NO'00'16"W 15.47' I 0 M _ w o 0 o 0 0 0 0 z L9 Q 2 o PARCEL E x w ROS No. 13573 Co Lu U) J �- Q �L7 o � wo I� 3: 0 M LL1 L13 J L1� `� It L1 J POINT OF BEGINNING - - - - - - - - - -- - - - - - - - - - - - - POINT OF COMMENCEMENT 01� f I �911$ifi23 0 JOB No: R22132