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Ten Mile Marketplace Water Main Easement No. 2 ESMT-2023-0184 (2024-001500) Protect Name(Subdivision): ADA COUNTY RECORDER Trent Tripple 00 Ten Mile Marketplace BOISE IDAHO P s-6 BONNIE OBERBILLIG 20024 0 :42 AM p 9 - 01/10/2024 09:42 AM Water Main Easement Number. 2 CITY OF MERIDIAN, IDAHO NO FEE Identify this Easement by sequential number if Project contains more than one Water Main easement. (See Instructions for additional information). (ESMT-2023-0184) WATER MAIN EASEMENT THIS Easement Agreement, made this 9th day of January , 2024 between Eck harcfi Prop_er1FC.5- ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation("Grantee"); L e w i s 4 o n, L4 C 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 B) 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 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 04/17/2023 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: Cheri M000e - Co-A9eni of f-^'cl,,l�andi Family LLLP, Sole- Member a9 E�Ickard� Prape,r-li es - Lewi sfon, STATE OF IDAHO ) Pav e+h-, ) ss County of A& ) This record was acknowledged before me on 12 1 1 (date) by C he.r► oo r C (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 Ee.lskctrcR Pro arfie.5-Lewl54on,LLC (name of entity on behalf of whom record was executed), in the following representative capacity: Co- Acm,,4 off' Eek6&e LC (type of-authority such as,officer or trustee) FCLMI 1.9 0.1-P, Sole ►tie.mbex (stamp) RSature '@ y'�i M Notary Comets Sion Ex tress // ,t�OTAR Y PUBOG ie or- VD Water Main Easement Page 2 Version 04/17/2023 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 1-9-2024 Attest by Chris Johnson, City Clerk 1-9-2024 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 1-9-2024 (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 My Commission Expires: 3-28-2028 Water Main Easement Page 3 Version 04/17/2023 km E N G I N E E R I N G December 8,2023 Project No.21-213 City of Meridian Water Easement Legal Description Exhibit A Parcels of land for a City of Meridian Water Easement over a portion of Lot 69,Block 10 of Bridgetower Crossing Subdivision No.7(Book 92 of Plats, Pages 10918-10991),situated in the Northwest 1/4 of the Northwest 1/4 of Section 3S,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 Southeast corner of said Lot 69,which bears S00°S3'13"W a distance of 200.00 feet from a found 1/2-inch rebar marking the Northeast corner of said Lot 69,thence following the southerly boundary line of said Lot 69,N89°06'47"W a distance of 315.31 feet to POINT OF BEGINNING 1. Thence following said southerly boundary line,N89°06'47"W a distance of 34.99 feet to a found S/8-inch rebar on the easterly right-of-way line of N.Ten Mile Road; Thence leaving said southerly boundary line and following said easterly right-of-way line,N00°1S'22"W a distance of 17.01 feet; Thence leaving said easterly right-of-way line,589'02'14"E a distance of 10.20 feet; Thence N00°57'46"E a distance of 5.00 feet; Thence S89°02'14"E a distance of 2S.1S feet to a point hereinafter referred to as"POINT A"; Thence S00°S7'46"W a distance of 21.96 feet to POINT OF BEGINNING 1. Said parcel contains 723 square feet,more or less. TOG ETH E RW ITH: Commencing at a point previously referred to as"POINTA",thence NSS°12'S6"E a distance of 242.71 feet to POINT OF BEGINNING 2. Thence N00°S2'4S"E a distance of 36.50 feet to the northerly boundary line of said Lot69; Thence following said northerly boundary line,S89°06'47"E a distance of 20.00 feet, Thence leaving said northerly boundary line,S00°52'4S"W a distance of 10.25 feet; Thence S89°07'1S"E a distance of 4.28 feet; Thence S00°S2'4S"W a distance of 26.25 feet; Thence N89°07'1S"W a distance of 24.28 feet to POINT OF BEGINNING 2. Said parcel contains 842 square feet,more or less. Said description contains a total of 1,S6S 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 \p ,NL L A NO Is,herein are recorded documents of the county in which these described lands are o�`�5 \\�ENSF� situated. CL 0 6 Attached hereto is Exhibit B and by this reference is made a part hereof. qTF OF \OP ��<< H Y lAs" 12/S Z20 5725 North Discovery Way e Boise, Idaho 83713 m 208.639.6939 • kmengllp.com P:\21-213\CAD\SURVEY\EXHIBITS\231207 CITY OF MERIDIAN WATER EASEMENT(LOT 69)21-213.DWG,KOBE ZIMMERMAN,12/8/2023,DWG TO PDF.PC3,08.5X11 L IPDri N. Ten Mile Road o 0 00 00 11 I r � � m m CD J II NM cn z oz I I z w >v �o MM I I I co N m - -- — mice—. < Cn ; z z No 0 N _ IM m M v v co r- z Z Z-I O z 0000 n p m O a NiC z in 0 2 z - o D(3.cn 2� z m D 0 X� \ m m Ed co CY) z z o �' r m r 0 2�� m o m a 03� M rnc p O p \�j� z 0 CD i z- r \ oo N rn z F z-i on 00 �Z \ o �a o Ln y cn N00°52'45"E 36.50' Crl1 -P, GI N ,...----- m z 03 CD Iq O IR O 03 co C° rr O � J N N (3 � N) z 1 C° MCn cn ccn rn D L4 M M M M CO & 26.25' _ MS00°52'45"W o o v' o - Cn 0 0 No z 10z3 C) Z-V OD O O) C7 0 1 � Z O 2r BASIS OF BEARING S00'51 13"W 200.00' BRIDGETOWER CROSSING SUBDIVISION No. 5 m V) o m Exhibit B m 000_ z City of Meridian Water Easement —_� � m n=Z �. O a O?� -fl o o c O T 9 A portion of Lot 69, Block 10 of Bridgetower Crossing Subdivision No.7 Situated in the {Z ti o NW 1/4 of the NW 1/4 of Section 35,T.4N.,RAW., B.M.,City of Meridian,Ada County, ID 0 N Jl 25.15 s89°02'14"e 10.20 s89°02'14"e 3 r � rn a ry O � O IJ J n89106'47"w 34.99 Title: Date: 12-08-2023 Scale: 1 inch= 10 feet File: Deed Plotter.des Tract 1: 0.017 Acres: 723 Sq Feet:Closure=n85.5445e 0.00 Feet: Precision=1/63035: Perimeter=114 Feet 001=n89.0647w 34.99 004=n00.5746e 5.00 002=n00.1522w 17.01 005=s89.0214e 25.15 003=s89.0214e 10.20 006=s00.5746w 21.96 20.00 s89°06'47"e 3 vN O O O 4 V1 O -N 's N 'V y6 M � O C i V1 H 7 N N v1 N O O n89°07'15"w 24.28 Title: I Date: 12-0S-2023 Scale: 1 inch= 10 feet I File: Deed Plotter.des Tract 1: 0.019 Acres: 842 Sq Feet:Closure=n00.5259e 0.00 Feet: Precision=1/44774: Perimeter=122 Feet 001=n00.5245e 36.50 004=s89.0715e 4.28 002=s89.0647e 20.00 005=s00.5245w 26.25 003=s00.5245w 10.25 006=n89.0715w 24.28