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Movado Village Subdivision Sanitary Sewer and Water Main Easement No. 1 ESMT-2024-0035 (2024-021204) ADA COUNTY RECORDER Trent Tripple 2024-021204 BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 04/24/2024 08:15 AM CITY OF MERIDIAN, IDAHO NO FEE Prgject Name or Subdivision Name: Movado Village Subdivision Sanitary Sewer&Water Main Easement Number: Identify this Easement by sequential number ift he project contains more than nnee.-e ru of this hpe.See instructions/checklist for additional intbrmation For Internal Use Only E Record Number: SMT 2024 0035 SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement made this 23rd day of April 20 24 between Meridian Movado Village Investors,LP/C4 Investments LLC ("Grantor")and the City ofMeridian,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 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. T O 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. .unitary Sewer and Water Main Easement Page I Version 0 1/0 1/2024 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 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: Meridian Movado Village Investors, LP by Ferguson & Brewer Investment Company, its GP as president of the GP STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on (date) by ____(name of individual), [complete t o lowing ifsigning in a representative capacity, or strike the following ifsi in an individual capacity) on behalf of (name o f on behalf of whom record was executed), in the following representative (type of authority such as officer or trustee) %t Notary Stamp 13cloN\ Notary Signature My Commission Expires: Sanitary Sewer and Water Main Easement Page 2 Version 01/01/2024 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 hkvgsr'�f�II�}itt3�#�Sti�?:F��`i�3�.,,f"<I�3s�ft�3t�;f:II�2r3�'.i';r.'St'i�3rrft�i;.1i`�ai s�3i3:�"�II�'.���1`�3?a�3�Fia53�?�;��E3�iII�Q'r>.>IIcII§t?��:Ftf}T'a�wst` 3.£�€�£�IIS`xt�F3PE�g�f'.Fi#f�84#7� 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 Callfo nia County of before me," I Ira 'Pi(A Date Here,nserf Name and Title of the Offi er personally appearediC '�� Names)of Slgner(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. ••+ 04 0. 1 certify under PENALTY OF PERJURY under the DEBBITURNBOW laws of the State of California that the foregoing COMM.#2463978 > paragraph is true and correct. r NOTARY CO NTYPUBLIC OFBUTT�pNIA �'' WITNESS my hand and official seal. Comm.EVIres OCT 19,2027 Si n at` e ' L Ploce 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 Title or Type of Document: Document Date: 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— ❑ Limited ❑ General ❑ Partner— O Limited O General ❑ individual ❑ Attorney in Fact ❑ Individual O Attorney In Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing:_______ Signer is Representing: � `'�l{3.���t4�S �Yi .�S����' .�� ' .�rQ',ib��i.r�•ft�Llc�i��i'F�3II{ .�€nr�.cuc<•�q�er:' ,.1.i-:t''�iS 02019 Natlonal Notary Assoclation GRANTOR: C4 Investments LLC A A A /'/-- V V STATE OF IDAHO ) ) ss County of Ada This record was acknowledged before me on (date) by Jim Conger (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 vC4 Investments LLC (name of entity on behalf of whom record was Executed), in the following representative capacity: member (type of Authority such as officer of trustee) Notary Stamp Below ISO I 000•. �;••1yOTARy,• Notary Signature s • �•� My Commission Expires: _ i ;o C'PUB t •,,,,qT� of �o�•,. GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 4-2 3-20'24 Attest by Chris Johnson, City Clerk 4-2 3-20'24 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 4-2 3-20'24 (date) by Robert E. Simison and Chi-is Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Stamp Below Notary Signature 3-28-20'28 My Commission Expires: Sanitary Sewer and Water Main Easement Page 3 Version 0 1/0 1/2024 i AkSawtooth Land Surveying, LLC f 3111116-' '- �l f P; (208) 398-8 104 F: (208) 398-8105 `� f 2030 5. Wa5hmgton Ave., Emmett, ID 83G 17 57 . 1 32-Foot 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 89 13 35 East, coincident with the north line of said NW1/4 of the NE1/4, a distance of 703.00 feet; Thence South 001111'04"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 00*11'04" West, coincident with the east boundary of Movado Apartments Subdivision, as shown in Book 119 of Plats, at Page 18449-18452, Ada County Records, 141.35 feet to the POINT OF BEGINNING; Thence South 89150'39" East, 19.80 feet; Thence South 00046'25" West, 16.28 feet; Thence South 89013'35" East, parallel with said north line, 310.56 feet; Thence North 71029'32" East, 41.13 feet to the beginning of a non-tangent curve to the left; Thence 38.03 feet along the arc of said curve, having a radius of 321.00 feet, with a central angle of 6147'14", subtended by a chord bearing South 17049'18" East, 38.00 feet; Thence South 71029'32"West, 28.96 feet; Thence North 89013'35" West, parallel with said north line, 353.47 feet to said east boundary; Thence North 00011'04" East, coincident with said east boundary, 48.07 feet to the POINT OF BEGINNING. The above described easement contains 0,29 acres, more or less, P:\2021\1 EMT'\121341-MOVADO MULTI-FAMILY PH 2\Su7-vey\Drawings\Descriptions\30 City Meridian Utility Ease Revised.docx ............. L2 z or ask P RDA, ............ ........ Ni 40 o6 1,eo C6 o "4 A ce S. CLOVERDALE ROAD sowsew arm.20, It;