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Movado Multi-Family ESMT-2024-0013 (2024-006170) ADA COUNTY RECORDER Trent Tripple 2024-006170 BOISE IDAHO Pgs=9 CHE FOWLER 02/07/2024 08:25 AM CITY OF MERIDIAN, IDAHO NO FEE Project Name or Subdivision Name` Movado Multi-Family Sanitary Sewer ck Water`lain Easement Number: � IdemiN this Easement by seguentLit miliibea if the Inoiect cotuainswote dean aee easemeal of This 4).See nestrnciiow'diecklist lbradditiowl infortiui ion. Igor Internal Use only ESMT-2024-0013 Record Number: SA AY THIS Easement Agreemett made this 6th day of Febraury 70 24 between Meridian Movado Village Investors, LP ("Grantor")and the City of Meridian,an Idaho Municipal Corporation("Grantee"); WHEREAS, 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 plains 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, - T O HAVE AND T O 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 Pave 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 lawfiully 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 lawfiil 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 ) ff This record was acknowledged before me on ! (date) by OA C fs­cc V)r) (name of individual), [complete the folloWlllg l fslgllillg ill a l-cpresentative capacity, ol- stilke the,following ifsigning ill all individual cclpacityJ 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 General Partner, a corporation (type of authority such as officer or trustee) Notary Stamp Below CA I 9' R�� Vt ✓�"�1 Notary Signature j My Commission Expires: Sanitary Sewer and Water Main Easement Page 2 Version 04/17/2023 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE §1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California 11 County of_,[J(.1- L-c— On_ 2 • ; 2021 before me,.s- 1 e 0 C Date plcf Here Insert Name and Title of the Officer personally appeared I-ZLk1( Q 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 capacity(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 S.AHUMADA it laws of the State of California that the foregoing co , COMM. 2466416 D paragraph is true and correct. NOTARY PUBLIC CALIFORNIACh Qa?. COUNTY OF BUTTE W WITNESS my hand and official seal. opH„ Comm Expires NOV.9,2027 it Signature �D— Place Notary Seal and/or Stamp Above Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document I y Title or Type of Document:_;22VILtt;l(i4`: UeWe(-OMtl 1122t ,r 1111 Vl E;aSQWILL L Document Date: ( [23 �ZD ZA Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: — Signer's Name: ❑ Corporate Officer —Title(s): ❑ Corporate Officer—Tltle(s): ❑ Partner— ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ General p4ndividual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: ©2019 National Notary Association GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 2-6-2024 Attest by Chris Johnson, City Clerk 2-6-2024 STATE OF IDAHO, ) ss. County of Ada ) This record was acknowled-ed before me on 2-6-2024 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Stump Below Notary Signature 3-28-2028 My Commission Expires: Sanitary Sewer and Water Main Easement Page 3 Version 04/17/2023 EXHIBIT A Sawtooth Land Surveying, LLC . s P (208) 398-8104 F: (208) 398-8105 2030 5. wa5hincton Ave : Emmett, ID 83(,17 City of Meridian Utility Easement Legal Description BASIS OF BEARING is South 89013'35" East, between 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 1 East, B.M., City of Meridian, Ada County, Idaho. An easement located in the NW1/4 of the NE1/4 of Section 21, Township 3 North, Range 1 East, B.M., City of Meridian, Ada County, Idaho, more particularly as follows: COMMENCING at the N1/4 corner of said Section 21; Thence South 89113'35" East, coincident with the north line of said N1/2 of the NE1/4, a distance of 703.00 feet; Thence South 00111'04" West, 56.00 feet to the southerly right of way of E. Overland Road, marked by a 5/8" rebar/cap PLS 11574; Thence continuing South 00111'04" West, coincident with the east boundary of Movado Apartments Subdivision, as shown in Book 119 of Plats, at Page 18449-18452, Ada County Records, 189.42 feet; Thence leaving said east boundary, South 89013'35" East, parallel with said north line, 83.30 feet to the POINT OF BEGINNING; Thence South 00146'25" West, 103.05 feet; Thence North 89013'35" West, parallel with said north line, 31.49 feet; Thence South 00°46'25" West, 20.00 feet; Thence South 89013'35" East, parallel with said north line, 31.49 feet; Thence South 00046'25" West, 59.58 feet; Thence South 89013'17" East, 20.05 feet; Thence South 00146'25" West, 25.02 feet; Thence South 89113'35" East, 20.00 feet; Thence North 00146'25" East, 13.10 feet; Thence South 89113'17" East, 10.87 feet; P:\2021\1 EMT\121341-MOVADO MULTI-FAMILY I'll 2\Survey\Drawings\Descriptions\121340 Family City Meridian Utility Ease.docx Thence North 00046'43" East, 11.92 feet; Thence South 89'13'17" East, 92.76 feet; Thence South 00046'25" West, 25.01 feet; Thence South 89013'35" East, parallel with said north line, 20.00 feet; Thence North 00046'43" East, 25.01 feet; Thence South 89113'17" East, 164.36 feet; Thence South 00146'25" West, 25.08 feet; Thence South 89013'35" East, parallel with said north line, 20.00 feet; Thence North 00146'25" East, 25.08 feet; Thence South 89113" 7" East, 18.45 feet; Thence North 00146'43" East, 20.00 feet; Thence North 89013'17" West, 23.80 feet; Thence North 00046'43" East, 10.00 feet; Thence North 89'13'17" West, 23.16 feet; Thence North 00046'43" East, 26.64 feet; Thence North 89113'17" West, 20.00 feet; Thence South 00046'43" West, 26.64 feet; Thence North 89113'17" West, 98.83 feet; Thence North 00046'25" East, 32.41 feet; i Thence South 89013'35" East, parallel with said north line, 26.50 feet; Thence North 00046'25" East, 20.00 feet; Thence North 89013'35" West, parallel with said north line, 26.50 feet; Thence North 00146'25" East, 100.23 feet; Thence North 89013'35" West, parallel with said north line, 20.00 feet; Thence South 00046'25" West, 111.40 feet; Thence North 89013'35" West, parallel with said north line, 31.50 feet; Thence South 00°46'25"West, 20.00 feet; I PA2021\1 EMT\121341-MOVADO MULTI-FAMILY PH 2\Survey\Drawings\Descriptions\121340 Family City Meridian Utility Ease.docx i Thence South 89'13'35" East, parallel with said north line, 31.50 feet; Thence South 00°46'25" West, 21.24 feet; Thence North 89113'17" West, 72.85 feet; Thence North 00146'25" East, 152.64 feet; Thence North 89113'35" West, parallel with said north line, 20.00 feet-, Thence South 00146'25" West, 152.63 feet; Thence North 89113'17" West, 67.86 feet; Thence North 00°46'25" East, 32.36 feet; Thence South 89'13'35" East, parallel with said north line, 26.50 feet; Thence North 00146'25" East, 20.00 feet; Thence North 89113'35" West, parallel with said north line, 26.50 feet; Thence North 00146'25" East, 81.07 feet; Thence South 89113'35" East, parallel with said north line, 15.27 feet; Thence North 00046'25" East, 19.20 feet; Thence North 89113'35" West, parallel with said north line, 35.27 feet to the POINT OF BEGINNING. The above described easement contains 0.57 acres, more or less. t\ L 1` CC 1 •(h 11r P:\2021\1 EMT\121341-MOVADO MULTI-FAMILY PH 2\Survey\Drawings\Descriptions\121340 Family City Meridian Utility Ease.docx L EXHIBIT B I c o x xb I b �I Z `eC mm o S00°171>t'W 189.42, S0091Y1v^W 3 - - - - — - -56.00, I I I I I S 00°•16 25"Vf j L�S 00°46'2i"W 103.05' i L5rn r I 131.36-I �F ----, C 1 B1.07' Z I �IU 19 I I� IG �I— ti pg tD� ' I� LJW L35 I n Q L32 o O rn S!m•462S•W 1SZ6Yrn 0 1--- --- ---- �N � .rnA, NrnZ2 :� r 15z.64 m a T ~ �m I L1ol iv - I m 120 O Zip o� ! '`••I ly I—,_ w �� I~ x ! LL12 LL3p; ° L 100•-1675 W 111.40' $ I ; I I o IW� IF2 132.4r r.Ir IOQ27' — I F I IA la D I I I m 00 z y I 125 I :a rt7 � ? I m� i� I LT / o _n 5 I a rL15 L19� L17 PROP I -Q rn oo3a 050 In �0 o �ujaz 00 ao c 1 3 O '1 m S. 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