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Firenze Plaza Shop "A" Water Main Easement ESMT-2024-0018 (21024-015457) Project Name or Subdivision Name: ADA COUNTY RECORDER Trent Tripple 2024-015457 "Firenze Plaza Shop A"Water Easement BOISE IDAHO Pgs=6 CHE FOWLER 03/27/2024 08:10 AM CITY OF MERIDIAN, IDAHO NO FEE Water Main Easement Number: 01 Identify this Easement by sequential number if the project contains more than one easement of this type.See instructions/checklist for additional information. For Internal Use Only ESMT-2024-0018 Record Number: WATER MAIN EASEMENT THIS Easement Agreement made this 26th day of March 20 24 between First Meridian Limited Partnership ("Grantor")and the City ofMeridian,an Idaho Municipal Corporation("Grantee"); 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 ofthis 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 01/01/2024 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 ofall 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: First Meridian Limited Partnership, a Wyoming limited liability,company By:We tern Pacific Iioldings,In a Ca ifomia co n s gell al partner Darry It,Pres nt STA E F DAHO ) ss County of Ada ) 1I24- This record was acknowledged before me on (date) (name of individual), [complete the.1611owing l signing in a re resentative capacity, or strike the,folloiving df signing in an individual capacity] on e' il!i f of_ (name of entity on behalf of whom record was execute the following representative capacity: (type of autl rity such as officer or trustee) Notary Stamp Belovd Notary Signature My Commission Expires:__ Water Main Easement Page 2 Version 01/01/2024 CALIFORNIA ALL-PURPOSE 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 ) County of_a>, �1 } On k !, ' _lt_?�`� before me,_ U.1� t�>.kL-tL tia Date Here Insert Name and Title o the Officer personally appeared ,il 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 laws of the State of California that the foregoing paragraph is true and correct. ALLIWN D.KLEIN WITNESS m h d a f icial eal. #. .,". My Notary Public-California yContra Costa County Commission if 2417438 Comm.Expires Oct 19,2026 Signature Signature o N ry Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document �- Title or Type of Document: -_k WtiI2 �Or Document Date: l f' 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 — Title(s): ❑ Partner — F I Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee I Guardian or Conservator ❑Other: _ ❑ Other: Signer Is Representing: _ Signer Is Representing: C2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 3-26-2024 Attest by Chris Johnson, City Clerk 3-26-2024 STATE OF IDAHO, ) ss. County of Ada ) This record was acknowledged before me on 3-26-2024 (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 Starnp Below Notary Signature My Commission Expires: 3-28-2028 Water Main Easement Page 3 Version 01/01/2024 LEGAL DESCRIPTION THE Page 1 OF 1 AND GR®UP January 26, 2024 Project No. 122072 EXHIBIT"A" WATERLINE EASEMENT CITY of MERIDIAN FIRENZE PLAZA SUBDIVISION An easement located in Lot 4, Block 1 of Firenze Plaza Subdivision, as same is shown on the official plat thereon,filed in Book 124, at Page 19867, Ada County records, located in a portion of the Southeast One Quarter of the Southeast One Quarter of Section 29,Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: COMMENICNG at the Northwest corner of said Lot 4,thence on the north Lot line of said Lot 4,South 89°22' 53" East, 29.57 feet,to the POINT OF BEGINNING: Thence continuing on said north Lot line, South 89° 22' 53"East, 20.00 feet; Thence leaving said north Lot line, South 00° 16' 38"West, 20.93 feet; Thence North 89°43' 22" West, 20.00 feet; Thence North 00° 16' 38" East, 21.05 feet to the POINT OF BEGINNING. The above-described easement contains 0.009 Acres (420 Ft') more or less. PREPARED BY: THE LAND GROUP, INC. Michael S. Femenia LA �\GEN 0- 5 '�l�gTE OF 4 4 s 01/26/2U24 F_,ra.Ca� Exhibit "B" Water Line rEasement ��o�Ac Ns s� w� City of Meridian o Situate in Lot 1, Block 4 of Firenze Plaza Subdivision a 1 5 Located in a Portion of the SE 1/4 of the SE 1/4 of Section 29 s Township 3 North, Range 1 East, Boise Meridian TgTe OF City of Meridian,Ada County,Idaho 2024 A S. 01/26/2024 East Mount Etna Drive POB R/W • o L1 o S89 fN" — R/W RN 65.37' J J S89°22'53"E o 0 29.57' CR I L3 IEo Ici WATERLINE EASEMENT T i LL, 0.009 Acres± I N N (420 Ft2) M BLOCK 1 line Table o _ �\��J� • —N89°31'45"W 114.73, • I LINE BEARING LENGTH OI L1 S89°22'53"E 20.00' L2 S00°16'38"W 20.93' L3 N89°43'22"W 20.00' L4 N00°16'38"E 21,05' E 0 60' 120' Exhibit "B" 3 Horizontal Scale:1"=60' Project No.:122072 a Date of Issuance:January 26,2024 22 =THE Water Line Easement j - LAND City of Meridian - Browman Development Co r ryEa A GROUP Firenze Plaza Shops - Asa