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Water Main Easement with Copperleaf Properties, LLC for Copperleaf Subdivisiond . ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 I BOISE IDAHO 02127/14 02:02 PM DEPUTY Bonnie Oberbillig III IIIIIIIIIIIII'IIIIII"IIII'll'I'll RECORDED-REQUEST OF Meridian City 114014783 WATER NJ[~-IN EASEMENT . `~ THIS INDENTURE, made this day of ~ ~ ~ , 20 between Copperleaf Properties LLC, Ada County, Idaho, the party of the first part, and ereinafter called the GRANTOR, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: V4'HEREAS, the GRANTOR desire to provide a water mainright-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the GRANTEE; NOW, THEREFORE, in consideration of the beneftts to be received by the GRANTOR, and other good and valuable consideration, the GRANTOR do hereby give, grant and convey unto the GRANTEE the right-of-way for an easement over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, repair, replacement and subsequent connection at the convenience of the GRANTEE, with the free right of access to such facilities at any and all times. TO HAVE ANI~ TO HOLD, the said easementandright-of-way unto the said GRANTEE, it's successors and assigns forever. IT IS E~.PRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after malking repairs, performing maintenance, replacements or subsequent connections to the water mains, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertalking such procedures. 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. Water Main Easement -Page 1 of 4 EASMT WAT 11-15-13.doc THE GRANTOR hereby covenant and agree that they will not place or allow to be placed an permanent structures, trees, brush, or perennial shrubs or flowers within the area y. described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR hereby covenant and agree with the GRANTEE that should any part of the ri t-of-way and easement hereby granted shall become part of, or lie within the boundaries of an ublic street, then, to such extent, such right-of-way and easement hereby granted Yp 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 do hereby covenant with the GRANTEE that they are lawfully seized and ossessed of the aforementioned and described tract of land, and that they have a good and P lawful r1 t to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS w'HEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. V~ater Main Easement -Page 2 of 4 EASMT WAT 11-15-13.doc y GRANTOR: COPPERLEAF PROPERTIES LLC ~F~ Providence Properties LLC, Managing Member PROVIDENCE PROPERTIES LLC __._- Randal S. Clarno, Managing Member Address STATE OF IDAHO } ss. County of Ada ) On this ~ day of ____ ,~ , 20 before me, the d rsigned, a Notary Public in and for said State, personally a eared ~ . ,known Pp or identified to me to be the Managing Member, respectively, of the limited liability company that executed the Within instrument, and acknowledged to me that such limited liability company executed the same. IN WITNESS w'HEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. .•~ ~ ~ ~ ~. .• y ~T~R ~ ~'» r s ~ (SEAL) ~ •••- •,~~ 9 ~~. A •,,~~~ -OF 1~ ~~~. f!!!!!1l11l~~~' rv---~,~ _. v.,, ~, ~, NOTARY P C Fn AHO Residing at: Commission Expires: Water Main Easement -Page 3 of 4 EASMT WAT 11-15-13 .doc GRANTEE: CITY OF MERIDI~~N Tammy de Weerd, Approved By City Council On: STATE OF IDAHO, ) ss County of Ada ) ' da of 20 ~ , before me, the undersigned, a Notary On this ,~~~ y Public in and for said State, personall appeared Tammy de VVeerd and Jaycee L. Holman, own to me to be the Ma or and Ci Clerk, respectively, of the City of Meridian, Idaho, ~ y ~ .. and who executed the within instrument, and acknowledged to me that the City of Merrd~an executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~,' tt~di~~ ~ ~ . ~ ~ ~A J///~~`•. ,- ~ ~~ . ~' ~~ • NOT Y PUBLIC FO IDAHO t mod` "-' ~ tin M ~ ~~ V` • ~ ~ ~ n • i ~ P ~ Residin at: `-''~~~~~ ~ ' ~ ~ ~ g ,~ iq~ ~~ ~~ , ~~~~. Commiss~on Expires. i Water Main Easement--Page 4 of 4 EASMT WAT 11-15-13.doc } 9233 WEST STATE STREET ~ BDISE, ID 83714 1 208.639.6939 (FAx 208.639.6930 January 2, 2014 Project No.13-052 Copperleaf Subdivision legal Description City of Meridian Water Easement EXHIBrr A A Ci of Meridian Water Easement being a portion of Government lot 2 and situated in the NE 1/4 ~ .. .. of Section 4, Township 3 North, Range 1 East, Bose Meridian, City of Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at an aluminum cap monument marking the northeast corner of said Section 4, which bears S89°44'17"E a distance of 2,649.76 feet from an aluminum cap monument marking north 1/4 corner of said Section 4, thence following the northerly line of said Section 4, N89°44'17"W a distance of 1,324.88 feet to a point being the northeast corner of said Government lot 2; Thence leaving said northerly section line and following the easterly line of said Government lot 2, SOO°32'25"W a distance of 51.00 feet to a paint on the southerly right-of-way line of E. Ustick Road; Thence leaving said southerly right-of-way line and following said easterly line, S00°32`25"W a distance of 542.02 feet to a 5j8 inch rebar on the northerly boundary of Redfeather Estates Subdivision No. 2; Thence leaving said easterly line and following the boundary of said Redfeather Estates Subdivision No. 2, N65°53'17"W a distance of 118.81 feet to a point; Thence leaving the boundary of said Redfeather Estates Subdivision No. 2, 3.53 feet along the arc of a circular curve to the right, said curve having a radius of 20.00 feet, a delta angle of 10°07'10", a chard bearing of N60°49'42"W and a chord distance of 3.53 feet to a point being the PINT 4F BEGINNING. Thence 27.88 feet along the arc of a circular curve to the right, said curve having a radius of 20.00 feet, a delta angle of 79°52'50", a chord bearing of N15°49'42"W and a chord distance of 25.68 feet to a point; Thence N24°06'43''E a distance of 26.78 feet to a point; Thence S04°34'36"W a distance of 49.30 feet to the PQ1NT C!F BEGINNING. Said parcel contains 303 square feet, mare or less, and is subject to all existing easements and/or rights- of-way of record or implied. ENGINEERS ~ SURVEYQRS ~ PLANNERS ~'~~~T OF ~4~IEI~~EMETT` flNER, ~~C1'{4 . ~1~~~~~ ~~~Q BASS C~~ ~E~~ING ~I89'44' 1 ~ 2fi~9.7fi' N 1,/4 C~RC~ER ~ ~, E~TIC}~ 4 ~ ~ o ~= .... --~ '~ s N~ `Dfi`43"E ~- ~s.~$` ,~ ~ PRt~P'USE~ ~C~~R~RL~~F N Q' ~ ~~~Q~~~~~~N o ~ ~ ~ C4TY OF ~ERIQ~1 ~'~ ~ ,'~~ ~ ~ ~VV,~TE~ EAE~~NT `'~ ,~ ~2 ~. ~ Q ~~~~ ~F ~~~~~~~ ~ ' ' " ~, EN~lNEERS . su~v~vo~s . ~IJ~~NERS 9233 WEST STATE 5TREET BOISE, #DAHC1837]:~t PHONE (2D8j 639-6939 fAX (20$) 639-6930 0 Nsss3~',~ ' REDFEA7HER ESTATES No. 2 ~` ~. N CURVE RADIUS L~NOT~I DELTA CHORa BRG CHORD G1 2~,~}~' 3,53' 10'7'1 Q~ l~6~'~9'42"1IV 3;53' ~~.!~~' ~~,88, ~9!`5~'S0" ~!~ 5`4~'42"W x,58' J 15 30 60 ~, Plan Scale EHIST B ~~tP~E~LEA~ ~~~~~~~~~~ RRO~~cr ~3•osz CITY CAF ~IIERIi~ N WATER E~~E~.E~UT ~~~~~ _ , ~}F ~ A PC~RT~~O ~~ ~~~T L~T~ IN SE71 ~l~ 4, TAN, R~.E, BM, ~1TY ~~ ~IERIDII~N