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Home My WebLink AboutAvani Subdivision NO. 1 Sanitary Sewer and Water Main Easement No. 2 ESMT-2024-0114 (2024-050340) ADA COUNTY RECORDER Trent Tripple 2024-050340 BOISE IDAHO Pgs=5 ANGIE STEELE 09/11/2024 09:14 AM CITY OF MERIDIAN, IDAHO NO FEE Project Name or Subdivision Name: Avani Subdivision No. 1 Sanitary Sewer&Water Main Easement Number: 2 Identify Ili is Easement by sequential number if the project contains more than one easement of this type.See instructionskkdlist for addinannl information For Internal Use Only ESMT-2024-0114 Record Number: LAMIARY$EWER AND WATERA EASE +NT THIS Easement Agreement made this 10th day of September 20 24 between F 111 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 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 Page I Version 01/01/2024 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 ofthe first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: i STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on gLaIARL4 (date) by (name of individual), [complete the following ifsigning in a rep sentative ca acity, or strike thefollowing ifsigning in an individual capacity] on behalf of VV1 L.tCC (name of entity on behalf of whom record was executed), in the following representative capacity: Om&,V� t (type of authority such as officer or trustee) Notary Stamp Below 6000 *00 •. pT�1Rt' • L • w Notary Signature • -•- S-3 � • My Commission Expires: gPUBL1t�r ' ••'•�. � t •Sewer and Water Main Easement Page 2 Version 0 1 10 1 12024 GRANTEE: CITY OF MERIDIAN RobertE. Simison,Mayor 9-10-2024 Attest by Chris Johnson, City Clerk 9-10-2024 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 9-10-2024 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notury Stamp Below Notary Signature 3-28-2028 My Commission Expires: f f E f i Sanitary Sewer and Wafer Main Easement Page 3 Version 01/01/2024 t. 5awtooth Land Surveying , LLG EXHIBITA 00 P : (208) 398-8104 F : (208) 398-8105 2030 5 , Wa5hm3ton Ave . , Emmett, ID 83G 17 Off-Site Water Easement Description BASIS OF BEARING for this description is N . 0°43'00" E., between a brass cap marking the 1/4 corner common to Sections 15 and 16 and an aluminum cap marking the northwest corner of Section 15, T. 3 N ., R. 1 W., B. M ., Ada County, Idaho. An easement located in the SW1/4 of the NW1/4 of Section 15, T. 3 N ., R. 1 W., B. M ., Ada County, Idaho, more particularly described as follows: COMMENCING at a brass cap marking the 1/4 corner common to Sections 15 and 16; Thence N. 0°43'00" E., coincident with the west line of said SW1/4 of the NW1/4 and the centerline of S. Black Cat Road, 544,15 feet; Thence leaving said west line, S. 89017100" E ., 50.00 feet to the easterly right of way of said S. Black Cat Road; Thence continuing, 5. 89017'00" E ., 142 .89 feet to the POINT OF BEGINNING and the beginning of a non-tangent curve to the right; Thence 47 .85 feet along the arc of said curve, having a radius of 315,50 feet, through a central angle of 8041121", subtended by a chord bearing N . 19°26'45" E., 47 ,80 feet and the beginning of a reverse curve to the left; Thence 105,30 feet along the arc of said curve, having a radius of 284,50 feet, through a central angle of 21*12123", subtended by a chord bearing N . 13*1V15" E., 104.70 feet; Thence 5, 89017'00" E., 31.01 feet to the beginning of a non-tangent curve to the right; Thence 117,78 feet along the arc of said curve, having a radius of 315 ,50 feet, through a central angle of 21023'24", subtended by a chord bearing S. 13005'44" W., 117 . 10 feet to the beginning of a reverse curve to the left; Thence 43 ,15 feet along the arc of said curve, having a radius of 284.50 feet, through a central angle of 8041'21", subtended by a chord bearing S. 19026'45" W., 43 . 10 feet; Thence N . 74053'55" W., 31 ,00 feet to the POINT OF BEGINNING. r� The above described easement contains 0. 11 acres more or less. °- 11574 I 4PEOF t3('NO ; f ✓�-Fr f3�.AG�-�'l I i I I P:\2023\1 EMT1123135-AVANT SUBDIVISION PLAT-CMG\Survey\Drawings\Legal Descriptions\123135 Off site water ease 2.docx Page 11 --- i I f BASIS OF BEARING EXHIBIT B m S BLACK CAT RD NO 4300" E 2657419' m Iu a 544.15' �++ 1319.36' - x� 1328,59 tsn Q mn c � Qm �ia u T � om c 8 2 n N �G) pp00 A b � OvOO 1 � mHNm ""r I ^' � aW � im I m I W � xzo I a a PROR� A s w - m \ � P � � I 3 I I __...._— _ ._.._._.—....-.._..�—_...-_—_ . DWG # PRo1ECP: oWNEa/DEVE1.oPER: 2030 S. WASHINGTON AVE OFF-SITE WATER EMMETT, ID 83617 123135-Ex EASEMENT ERHINT CONGER GROUP P '208 398 8104 PR6Ecr# ADA COUNTY, IDAHO �yTDOT F; (208) 398-8105 123135 � SHEEP DATE: 712024 La�Surieyi LLG WWWSAWr0OTHLS.00M 1OF2