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Red Wing Communities, LLC Sanitary Sewer EasementADA COUNTY RECORDER Christopher D. Rich 2017-014014 BOISE IDAHO Pgs=7 CHE FOWLER 02/15/2017 01:14 PM CITY OF MERIDIAN, IDAHO NO FEE SANITARY SEWER EASEMENT THIS INDENTURE, made this / `-i' day of _C&b Nuar2017 between Red Tail Communities, LLC, hereinafter called the GRANTORS, and the City of Meridian, Ada County, Idaho, hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTEE desires to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for an underground pipeline to be constructed by the GRANTEE; 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 benefits to be received by the GRANTORS, and other good and valuable consideration, the GRANTORS do hereby give, grant and convey unto the GRANTEE the right-of-way for an easement over and across the following described property: (LEGAL EXHIBITS A-1.1 and A-1.2� The easement hereby granted is for the purpose of construction and operation of a sewer 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 AND TO HOLD, the said easement and right-of-way unto the said GRANTEE, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, and as material consideration to the GRANTOR hereunder, that after constructing the sewer main or ' making repairs, performing maintenance, replacements or subsequent connections ("Work") to the sanitary sewer line, GRANTEE shall without cost to the GRANTOR restore the area of the easement and adjacent property and any improvements thereon to that existent prior to such Work. However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement and adjacent property that was placed there in violation of this easement. Except in the case of emergency necessitating immediate access, GRANTEE shall notify GRANTOR in writing at least ten (10) days prior to any access which will require removal of any improvements, which GRANTEE believes, are in violation of this easement. Sewer Main Easement Rev. 1-26-17 THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures or trees within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein other than landscaping such as shrubs, flowers, and the existing sound wall. . THE GRANTORS hereby covenant and agree 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, or public pathway 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. This permanent access is identified and described as the permanent access easement. If the GRANTORS utilization of the lands change, the GRANTOR hereby reserves the right to relocate the Easement upon the GRANTOR's property upon thirty days' prior written notice to GRANTEE. The parties then agree to execute, deliver and record an amendment to this document to evidence any such relocation. The GRANTORS recognize the GRANTEE's need for occasional and emergency maintenance activities to the sewer and associated allied facilities. In the event stored items encumber the GRANTEEs access to the sanitary sewer and sewer manholes the GRANTOR shall promptly move said items to allow full utilization to the GRANTEE'S of the permanent easement. THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. Sewer Main Easement Rev. 1-26-17 (J UU-B J•U•13 ENGINEERS, INC. i -U B COMPANIES ,� j o ouPn wAPP'NO EXHIBIT A-1.1 Sanitary Sewer Easement Red Wing Boundary Description Project Number 10-15-116 December 14, 2016 An easement in Lot 1 of Block 1 of Red Wing Subdivision (Book 105 of Plats at Pages 14405 through 14409, records of Ada County, Idaho) situated in the northwest quarter of Section 30, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at the northwest corner of Section 30, Township 3 North, Range 1 East, Boise Meridian; Thence S53°33'59"E, 129.79 feet along a random line to an angle point between Lots 1 & 2 of Block 1 of Red Wing Subdivision, the POINT OF BEGINNING: Thence S00°25'49"W, 20.00 feet along boundary between Lots 1 & 2; Thence N89°34'11"W, 15.00 feet to east boundary of the existing sewer easement, Instrument No. 113074697, records of Ada County, Idaho; Thence N00°25'49"E, 27.42 feet along the existing sewer easement, Instrument No. 113074697 to the existing sewer easement, Instrument No. 107154127, records of Ada County, Idaho; Thence S89°59'56"E, 32.86 feet along the existing sewer easement, Instrument No. 107154127 to the boundary between Lots 1 & 2; Thence S67°11'27"W, 19.44 feet along the boundary between Lots 1 & 2 to the POINT OF BEGINNING. The above-described easement contains 479 square feet, more or less. Prepared from information of record. Page 1 of 1 a 250 S. Beechwood Avenue Suite 201 Boise 10 83709 p 208-376-7330 f 208.323-9336 iv www.iub.com Sewer Main Easement Rev. 1-26-17 Exhibit A-1.2 24 19 NW Corner Section 30 25 30� s Ici z 0 10 20 z z � M M SCALE IN FEET I � o � > Existing Seaver sS3, Easement 33S #110'17886 29 9, _ Of Existing Sewer :2 E(-me12nt y1071547 S89'S9'56"E 32.86' I S67'11'27"W 19.44' N00'25'49"E Point of Beginning 27.42' / Sanitary Seaver Easement I I S00'25'49"W 20.00' i I Sanitary Sewer Easement f I N89'34'11"W I 15.00' I I � � I 1� Existing Sewer Easement I Lot 2 Block 1 113 Red Wing Subdivision Lot 1 Block 1 j LA— ( Rad Wing Subdivision � I OF q�( S 9 . I I tE mwe" IE"°&TPE°4— Meridian Black Cat Trunk SHEET <, ooa vo •e o' oc c:+ co vov^r'o r t „rwnv 2•.r...n /'� C5 ^4:`,$ H4 C tG PA SS .N145Vtt E "it C GP ttrs ■ cc�ua e ,^n vc Aonit4c�a4rQaNj „cT� �m„e te"t«toot u o --�— City of Meridian ......... The NW 1/4 of Section 30, T3N., R.1 E., B.M.. 1 of 1 1•U-8 ENGINEERS, INC. City of Meridian, Ada County, Idaho :O FlF.'liSO4 CE5fq PTO\ 8Y PFl [lAtE Sewer Main Easement Rev. 1-26-17