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SWIG Lost Rapids Subdivision Water Service Easement ESMT-2023-0163 (2023-065776) Pro'ect:SWIG 1 Subdivision:Lost Rapids Subdivision ADA COUNTY RECORDER Trent Tripple 2023-065776 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 11/22/2023 08:04 AM 4 ;:.ESMT-2023-0163 CITY OF MERIDIAN, IDAHO NO FEE Identify this Eawtnmt hystNuemfial number it" r¢tjert contains (See!tart tier s for Witioml inf :eiton). GFI -Meridian l Easement greement made this 21St day November 23 between Investments II, LLC "Grantor")„ and the City of Meridian,an Idaho Municipal-Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a Water service right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS , the Water service is to be provided for through underground pipelines to be constructed by others;and WHEREAS, it will be necessary y 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 fight-of-Way for an easement for the operation and maintenance of Water services over and across the follaMng described property "SEE ATTACHED EXHIBITS A and The easement hereby granted is for the purpose of construction and operation of Water service and their allied facilities,together With them 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 LD,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 r stodng 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 stnictr res or obstructions Within the easement area that world interfere with Grantee's use of said easement,including,but not limited to, buildings,trash enclosures, carbons, sheds,fences,trees,or deep-rooted shrubs THE GRANTOR v ants and agrees with the Grantee that should any part of the right-of- way and easement hereby grass!ed shall become part of,or lie Wthin the boundaries of any Water Service Easement Pages t Version apt 1 2 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 thereofagainst 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: GFI -Meridian Investments II,LLC 7 7 �_ L)i-c-L\ "'A STATE OF County of* d* ) This record was acknowledged before me on wl�pl-tvzidate)by k v—v C�S� (name of individual), [complete the following i signing in a representative capacity, or strr the following If signing in an individual capacity] on behalf of GFI -Meridian Investments 11, LLC (name of entity on behalf of whom record was executed), in the following representative capacity: 9�4f (type of authority such as officer or trustee) (stamp) Notary Signature SCOTT TEUSCHER My Commission Expires: NOTARY PUBLIC•STATE OF UTAH COMMISSION NO. 727754 COMM. EXP. 11-4-2026 Water Service Easement Page 2 Version 04/17/2023 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 11-21-2023 Attest by Chris Johnson, City Clerk 11-21-2023 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 11-21-2023 (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 3-28-2028 My Commission Expires" Water Service Easement Page 3 Version 04/17/2023 km E N G I N E E R I N G October 6,2023 Lost Rapids West Subdivision Project No.23-214 City of Meridian Water Easement Legal Description Exhibit A A parcel of land for a City of Meridian Water Easement being a portion of Lot 2, Block 1 of Lost Rapids West Subdivision (Book 125 of Plats, Pages 20126-20128)situated in the Northeast 1/4 of the Northeast 1/4 of Section 27,Township 4 North, Range 1 West, Boise Meridian,City of Meridian,Ada County, Idaho being more particularly described as follows: Commencing at a found 5/8-inch rebar marking the Southeast corner of said Lot 2,which bears S89°17'16"E a distance of 85.00 feet from a 1/2-inch rebar marking the Southwest corner of said Lot 2,thence following the southerly line of said Lot 2,N89'17'16"W a distance of 16.96 feet; Thence leaving said southerly line, N00°42'44"E a distance of 15.00 feet to the northerly line of an existing City of Meridian sewer and water easement as described per Instrument No.2019-077073 and being the POINT OF BEGINNING. Thence following said northerly existing easement line, N89'17'16"W a distance of 20.00 feet; Thence leaving said northerly existing easement line, NOO°37'42"E a distance of 20.00 feet; Thence S89°17'16"E a distance of 20.00 feet; Thence S00°37'42"W a distance of 20.00 feet to the POINT OF BEGINNING. Said parcel contains a total of 400 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. �,pl LAIyQ S o�c, E N SF� G � 006 6 TF OF �oP� �<< HYNSO 10/V2o23 5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939 • kmengllp.com Lot 2, Block 1 Lost Rapids West Subdivision LINE TABLE LINE BEARING DISTANCE L1 N00'42'44"E 15.00 Lot 1, Block 1 Lost Rapids L2 N89'17'16"W 20.00 Lot 5, Block 1 West Subdivision Lost Rapids L3 N00'37'42"E 20.00 Subdivision L4 S89'17'16"E 20.00 L5 S00'37'42"W 20.00 L4 �LO J J POINT OF BEGINNING -- — — — — — — — — — — — �--L2— — — — — — — — — — — EXISTING CITY OF MERIDIAN ^ SEWER AND WATER EASEMENT v PER INSTRUMENT No, 2019-077073 If 68.04' J ' 16.96' SOUTHWEST CORNER T S89`17'16"E 85.00' G LOT 2 JJJ BASIS OF BEARING POINT OF COMMENCEMENT FOUND 1/2" REBAR SOUTHEAST CORNER LOT 2 FOUND 5/8" REBAR a Lot 3, Block 1 Lost Rapids Subdivision N CD Y H Z N Q W c N aion 0 20 40 60 ENGINEERING Plan Scale: l' = 20' m 5725 NORTH DISCOVERY WAY w BOISE,IDAHO 83713 PHONE(208)639-6939 Exhibit B w kmengnp.c°m City of Meridian Water Easement DATE: Oft°ber 2023 a PROJECT: 23-214 SHEET: A Portion of Lot 2, Block 1 of Lost Rapids West Subdivision 1 OF 1 NE 1/4 Sec. 27, T4N., R1W., B.M., City of Meridian, Ada County, Idaho a 20.00 s89°17'16"e iv 3 N CIC NO N Cl, m n89°17'16"w 20.00 Title: Date: 10-06-2023 Scale: 1 inch= 5 feet File: Tract 1: 0.009 Acres: 400 Sq Feet:Closure=n00.0000e 0.00 Feet: Precision>1/999999: Perimeter= 80 Feet 001=n89.1716w 20.00 003=s89.1716e 20.00 002=n00.3742e 20.00 004=s00.3742w 20.00