Chipotle AFC Buildings Water Main Easement No. 1 ESMT-2024-0042 (2024-015454) Project Name or Subdivision Name: ADA COUNTY RECORDER Trent Tripple 2024-015454
Chipotle AFC Buildings BOISE IDAHO Pgs=5 CHE FOWLER 03/27/2024 08:08 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-2024-0042
Record Number:
WATER MAIN EASEMENT
THIS Easement Agreement made this 26th day of March 20 24 between
Smith Frazier, LLC ("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 I 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 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:
SMITH F AZIER LLC
S 'ATE OF (solo CO-AD
) ss
County of rA04w- V3--
This record was admowledged before me on _21,1Z (date) by
30g.aCe,r SrnAA-i (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 _SMITH FRAZIER LLC (name of entity on behalf of whom record was
executed), in the following representative capacity:_�g��na (`(umber (type of
authority such as officer or trustee)
(stamp)
Patricia M Cleaveland
NOTARY PUBLJC Notary Signature
STATE OF COLORADO My Commission Exp ices:_ Z6 Z.�2.
NOTARY IO# 20074018994
MY COMMISSION EXPIRES 10t26tM
Water Main Easement Page 2 Version 01/01/2024
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 Stamp Below
Notary Signature
My Commission Expires: 3-28-2028
Water Main Easement Page 3 Version 01/01/2024
ACKERMAN WWW.ACKERMAN-ESTVOLD.COM
ESTVOLD
EXHIBIT A
LEGAL DESCRIPTION
A parcel of land being a portion of parcel E as shown on Record of Survey No. 13573, Instrument No. 2022-
070648,Ada County Records, in the NE 1/4 Section 24,T. 3N., R. 1W., Boise Meridian, City of meridian,Ada
County, Idaho, more particularly described as follows:
Commencing at the Southwest corner of said Parcel E,thence on the westerly line of said parcel E
N00900'16"W a distance of 15.47 feet to a point on the north line of a water and sewer easement as sown in
Instrument No.107141995,Ada County Records;thence on last said north line S89958'40"E a distance of
13.26 feet to the Point of beginning; thence
N00901'31"E a distance of 173.41 feet;thence
S89959'47"E a distance of 19.99 feet;thence
S00901'15"W a distance of 4.27 feet;thence
N89934'07"E a distance of 20.28 feet;thence
S00901'17"W a distance of 20.00 feet;thence
S89934'07"W a distance of 20.28 feet;thence
500901'16"W a distance of 114.00 feet;thence
S89958'36"E a distance of 21.00 feet;thence
S00914'14"W a distance of 20.00 feet; thence
N89958'38"W a distance of 21.00 feet;thence
S00901'15"W a distance of 15.14 feet to a point on last said north line;thence on last said north line
N89958'40"W a distance of 20.00 to the Point of Beginning.
The above described parcel contains 4,293 Square Feet, more or less.
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HEADQUARTERS 4165 30TH AVE S 3210 27TH ST W 7661 W RIVERSIDE DR
1907 17TH ST SE SUITE 100 SUITE 200 SUITE 102
MINOT,ND 58701 FARGO,ND 58104 WILLISTON, ND 58801 GARDEN CITY,10 83714
701,837,8737 701.551.1250 701.577.4127 208.853.6470
EXHIBIT B
A PARCE L OF LAND BEING A PORTION OF PARCEL E AS SHOWN ON
RECORD OF SURVEY NO.13573,INSTRUMENT NO.2022-070648 ADA
COUNTY REOORDS,IN THE NE 114 SECTION 24,T.3N.,R.1W.BOISE
MERIDIAN,CITY OF MERIDIAN,ADA COUNTY,IDMO.
N
I I
LA/�j
1 \,\GENS Is,
� I
I I 25 125 n rs so 18 10
I ► s� 6 Zl�o � I
Scale:1"=50' OF
I I 0 0
0 1
I I I
r L3 LS I I
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Line Table I
I� I
Line# Length Beating I {
I I L7 I L1 I 15.4r No•W 1" 20.0'WATER
AND SEWER
I I I L2 1"V S89.58'40-E I EASEMENT
1 I I I I —L3 19.97 S891 S9'47 E I I I.N.#107141995 I
$ 20.0'WATER AND L4 42r so,orsw t
Q SEWER EASEMENT - LS 2o2s' I N89-M'orE I I t I
A I I I.N.#107141995 i _—_ I I— — — — — — - Q
I _L6 ! 20.an So•or 17 W I O
1 I I _vim zoza sas•3a orW Z
i;
l o o I L8 21.W SBW S8'WE I I^ I Q
g ( I I L9 20.W So•01.14-W I I 1
I I I PARCEL E L10 21.00 'tee• �•`" I I W
I I IROS L11 15M SD'01'15-W I I
L8 I L12 j 20.00' N89'SW40'W I I H
1 I I I I cn
I
L2 �
12
L10
S89'SW 13'W.296.98'(M.R2)
SEWER EASEMENT J
I.N.#107141995 L — J
POINT OF BEGINNING
POINT OF COMMENCEMENTi R%r R23023
ACKERMAN
ESTVOLD
7661 West Riverside Drive,Ste.102 • Garden City,ID 83714
208.853.6470•www.ackerman-estvold.com
Minot.ND I Fargo.ND I Williston.ND I Boise,ID