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Meridian Movado Village Subdivision Sanitary Sewer and Water Main Easement No. 2 ESMT-2023-0139 (2023-059120) ADA COUNTY RECORDER Trent Tripple 2023-059120 BOISE IDAHO Pgs=7 CHE FOWLER 10/18/2023 09:13 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2023-0139 Meridian Movado Village Subdivision Sanitary Sewer and Water Main Easement No. 2 SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made thisl7thday of October 20 23 between C4 Investments, LLC and Meridian Movado Village Investors, LP ("Grantor")and the City of Meridian,an Idaho Municipal Corporation("Grantee"); WIIEREAS, the Grantor desires to provide a'sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water 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 sanitary sewer and 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 sanitary sewer and 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. Sanitary Sewer and Water Main Easement Page 1 Version 04/17/2023 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 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: Meridian Movado Village Investors,LP by Ferguson&Brewer Investment Company,its GP as president of the GP STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on (date) by (name of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of Meridian Movado Village Investors,LP (name of entity on behalf of whom record was executed), in the following representative capacity;President of the General Partner,a corporation(type of authority such as officer or trustee) (stamp) j L&,L � LGG,1,11,&L Notary Signature COT jjjo�oV i�I � ' My Commission Expires:_10U61202 _� Sanitary Sewer and Water Main Easement Page 2 Version 04/17/2023 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE §1189 3�t�3tzIIYSFi�f�4>Ff£4t t?§?�£kii? 3�E:iS�fY8�3 fi'n?. II43fitn3II�3d3J }}fri£1Y3ti3tE?ti3 £3t'3ifs>E3�4`?#i�&tiYII";`8t�£�5f�sts3 t�f?�`EMf A notary public or other officer completing this certificate verifies only the identityof the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,orvalidityof that document. State of California1 County of-E;( t�-`t�e _ before m On (J{� 'Z�.,ZUZ e,� lr� Date N re Insert Name and Title of theOf icer personally appeared KA IV%i A k_ Name(s)of Signer(s) 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 capecity(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 forejoing SHIRLEY Atit3NiADA +� r COMM.#2308616 31paragraph is true and correct. �II HOThAV PAALIG CAUrOHNtA w COkINTY Or BUTTE WITNESS my hand and official seal. �II{{ •• �z Comm Expires NOV 9. Signature J,) Place Notary Seoi and/or Stomp Above Signa ure of Notary Public OPTIONAL — Completing this information con deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document; _ I (i c tx avtCl; �'-t" rt1 l(l Co- . Document Date: 2 i Numberof Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer—Title(s): ❑Corporate Officer—Title(s): o Partner— ❑ Limited ❑ General ❑ Partner— ❑ Limited a General ..Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: O Other: Signer is Representing: Signer is Representing: �;�:�?c£�'�3'.��jii�t�'�3�Lo;fhit�tai48te��v�i,"ier;s?��Tc�i�ik"'+3s��',�.s�ft3:*.'.,fUFis3?£'tF�r:'�'a�'9s��?�Flsf�'�?&'ti?•t?�f3`Gt��`£isII,�i[t�`3�t+�"x�',�^ft.�:uvF;i*,�fis,c{� 02019 National Notary Association GRANTOR: C4 Investments LLC STATE OF IDA O ) ) ss County of Ada ) This record was acknowledged before me on (date) by Nnrld (name of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf ofCy �W, (name of entity on behalf of whom record was executed), in the following representative capacity:— _ (type of authority such as officer or trustee) . tA0TAR y '•t �•� z Notary Signature :nA(�BL1C�,� My Commission Expires: " a' rp •a •o ' GR �iI •©•F MERIDIAN A1 ,811110V Robert E. Simi son, 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 (date) by Robert E. S i m i s o n and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) Notary Signature 3-28-2028 My Commission Expires: Sanitary Sewer and Water Main Easement Page 3 Version 04/17/2023 EXHIBIT A 5awtaoth Land Surveyiri6j, LLC P: (2 063) 396 (5;04 f: f 20,1' 398 e,105 201_30 .5. Wj.,Aiinr6too Ave., 0 33G 17 20 Foot City of Meridian Utility Easement Legal Description BASIS OF BEARINGS is South 89"13'35" East between a brass cap, marking the.N1/4 corner of Section 21 and an aluminum cap, marking the northeast corner of Section 21, Township 3 North, Range I East;B.M., City of Meridian, Ada County, fdaho. A parcel of land located In.the NW1/4 of the NE114 of Section 21,Township 3 North, Range I East, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly,as-follows: COMMENCING at a found brass cap, marking the N114 of said Section 21; Thence South 89113'35" East, coincident with the north line of said NW1/4 of the NEI/4, a distance of 1336.43 feet to the E1116 corner,of said Section 21; Thence South 00124'28" West, coincident with the east line of the NW114 of the NEI/4 of said Section 21, a distance of 48,00 feet to the southerly right of way of E. Overland Road; Thence continuing South 00024'28" West, coincident with said east tine, 138.35 feet; Thence leaving said east line, North 89035'32"West, 8.00 feet to the POINT OF BEGINNING; Thence South 00*24'28"West, parallel with said east line, 584,62 feet; Thence North 89035'32"West, 20.00 feet; Thence North 00024'28" East, parallel with said east line, 111.23 feet; Thence North 89013'36"West, 72.39 feet; Thence North 00146'25" East, 20.00 feet; Thence South 89013'36"East, 72.27 feet; Thence North 00024'28" East, parallel with said east line,433.39 feet; Thence North 89135'32"West, 175.11 feet; Thence South 71129'32"West, 15.12 feet to the beginning of a non-tangent curve to the right; Thence 20.01 feet along the arc of said curve, with a radius of 279.00 feet, a central angle of 4106'32", subtended by a chord bearing of North 17128'49"West, 20.00 feet; Thence North 71129'32" East, 18.09 feet; P:\2021\1 EMIM21341-MOVADO MULTI-FAMILY PE12\SurveykDr,,twings\Dcscriptions\20 City of Meridian Utility Ease,doex ............... Thence South 89135'32" East, 198.45 feet to the POINT OF BEGINNING, The above described easement contains D,39 acres, more or less, 11574 PA2021\1 GMT\121341-MOVADO MULTI-FAMILY PH 2\Survcy\Drawings\Descriptions\20 City ofMcridian Utility Gasc.docx EXHIBIT B MIS OF BEARINGS E. (1VI:It1,1\'!i ItUAl1 sm'u�l A 2E7edr F//16(VRtiER n ... ..... ..�. ." .. Nlid MP.S[C.2! lJJd,12' f77AH' !1 �Jl NI 1 F cj i ro1NrOFDL0.19AC6 I i� ��c�37.•ti 58935J2'E 190�.45' ZZ ll;,�i�•S r � 41 N89°3512"VJ � 175.SS' Tr lr •tl sq•Js•1TW o.W' l 11574 UNPLAT7ED 1 yr 1 �c'IKRf'ulciEa'rrll 2�mus uEernnrAclr umxueFiwtnc a�Ga"rilu-n7 s f iaoi�'�'zr%w�_a,osat�-�i�trvvd7•iv�,._=.aau" 7 1 �, ��/�I_I ,q i i t a I 1' A ^J, I MOVADO GREENS SURD MION NO. I 01( 11d, VC I ; 5�7°3JB0"E� I I " i N�9 19 f �� {• I ¢I 172,39'39' ws UOVADO SUB"SION ND. 7 0/4 CGX W.21 T.3 N.,R 1 E.,B.M. RF UP, rc lodan n _...._...... ...... -......... . _._.. .....—--- _ _... .. PROJECT: OWNERIDEVECOPER. 2030 S. WASHINGTON AVE, DWG A! 20-FOOT CITY OF MERIDIAN UTILITY EMMETT,ID 83617 121341-SC. EASEMENT 6RECKON LAND DESIGN J P: 208)398-8104 PROJECT AI NW114 OF THE NE114,SECTION 21 ����rODr�< F; f 208)398-8105 121341 CITY OF MERIDIAN, - ADA COUNTY,IDAHOLoix/5rvvc. ,LLG SHEET 812023 } WWW.SAWTOOTHLS.COM 1 of 1