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Black Cat Sanitary Sewer Phase 5 - JR Simplot Co.ADA COUNTY RECORDER Christopher D. Rich 2017-040784 BOISE IDAHO Pgs=7 HEATHER LUTHER 05/08/2017 04:49 PM CITY OF MERIDIAN, IDAHO NO FEE SANITARY SEWER EASEMENT ZZ>14 THIS INDENTURE, made this day of between J. R. Simplot Company ("GRANTOR"), and the City of Meridian, Ada County, Idaho ("GRANTEE"); WITNESSETH: WHEREAS, GRANTOR will allow an underground sanitary sewer line to be installed underneath and across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer line will be an underground pipeline to be constructed by GRANTEE; and WHEREAS, it will be necessary for GRANTEE to maintain and service said underground sewer pipeline from time to time; NOW, THEREFORE, in consideration of the benefits to be received by GRANTOR, and for other good and valuable consideration, GRANTOR does hereby grant unto GRANTEE the following nonexclusive sanitary sewer easement on and under the following described property to provide for the installation, maintenance and service of an underground sanitary sewer line ("Sanitary Sewer Easement"): (SEE ATTACHED EXHIBIT A-2.1 and A-2.2) The Sanitary Sewer Easement hereby granted is for the purpose of construction and operation of an underground sewer line and allied facilities, together with their maintenance, repair and replacement. Any allied facilities installed within the Sanitary Sewer Easement shall be subterranean, shall be no more than 3 inches above the surface and shall not cover more than 3 square feet of surface area. The Sanitary Sewer Easement shall include the right of ingress and egress along the route of the Sanitary Sewer Easement for maintenance, repair and replacement of the underground sewer line. As matter of convenience, GRANTOR may, but is not obligated to, provide alternative routes for GRANTEE to access the Sanitary Sewer Easement. In the event GRANTOR, in GRANTOR's sole discretion, provides GRANTEE with alternative access to the Sanitary Sewer Easement, GRANTOR hereby reserves the right to relocate the alternate access at any time upon providing at least one hundred and twenty (120) days' prior written notice to GRANTEE. GRANTEE hereby agrees to indemnify GRANTOR from any and all liability for any loss, claim, or damage, demand, cause of action, costs or attorney's fees arising from GRANTEE exercising the rights granted by GRANTOR herein. GRANTEE shall, and shall require its construction contractors to, acquire and maintain comprehensive general liability insurance with a combined single limit of not less than $1,000,000 and aggregate limits of not less than $2,000,000, and maintain workers compensation insurance in compliance with applicable law. GRANTEE shall, and shall require its construction SANITARY SEWER EASEMENT Page 1 of 7 contractors to, deliver certificates of insurance to GRANTOR evidencing the insurance required hereby prior to exercising any rights granted herein. GRANTEE shall pay, when due, all claims for labor and materials furnished, to, for or on behalf of GRANTEE that may be secured by any mechanic's or materialman's liens against any interest in GRANTOR's property, and shall promptly cause any liens that do attach to be discharged or bonded. GRANTOR hereby covenants and agrees that it will not place or allow to be placed any permanent structures, or plant any trees or large perennial shrubs, within the described easement area that would interfere with the use of said Sanitary Sewer Easement for the purposes stated herein. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that GRANTEE shall be solely responsible for the repair and maintenance of the surface of the easement area. Additionally, after installing, making repairs, and performing maintenance and replacements to the sanitary sewer line, GRANTEE shall repair and restore the area of the Sanitary Sewer Easement and adjacent property to that existent prior to undertaking such procedures. However, GRANTEE shall not be responsible for repairing, replacing or restoring any permanent structures, trees or large perennial shrubs that GRANTOR has placed within the easement area in violation of this agreement. GRANTOR hereby covenants and agrees with GRANTEE that should any part of the Sanitary Sewer Easement hereby granted become part of, or lie within the boundaries of any public street, or public pathway, then the part of the Sanitary Sewer Easement 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. GRANTOR recognizes GRANTEE's need for occasional and emergency maintenance activities to the sewer line and associated allied facilities. In the event stored items encumber GRANTEES access to the sanitary sewer and sewer manholes GRANTOR shall promptly move said items to allow utilization to GRANTEE of the Sanitary Sewer Easement. GRANTEE may install temporary bollards around the sewer manholes to identify their location and to discourage parking thereupon. In the event any installed bollards interfere with GRANTOR'S operations, GRANTEE shall remove said bollards within 5 days of receiving written notice from GRANTOR. GRANTOR does hereby covenant with GRANTEE that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to grant said Sanitary Sewer Easement. The Sanitary Sewer Easement is subject to all prior easements and encumbrances of record or apparent upon the aforementioned and described tract of land. In the event Grantee fails to complete the installation of the underground sanitary sewer pipeline on or before December 31, 2018, the Sanitary Sewer Easement shall terminate. In the event of such termination, GRANTEE hereby provides consent for GRANTOR to record a termination and release of this instrument in the official real property records of Ada County, Idaho. Upon the recording of said termination and release, the parties hereto shall have no further obligations to one another except for indemnification obligations or any other obligations which, by their terms, are intended to survive SANITARY SEWER EASEMENT Page 2 of 7 termination. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: J. R implot Compa w B David Spurling, Senior ice President a Secretary Secretary Address STATE OF IDAHO ) . ss. County of Ada ) On this day of , L , 20 , before me, the undersigned, a Notary Public in and for said State, personally appeared David Spurling, known or identified to me to be the Senior Vice President and Secretary of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. USA . THOMAS (SEW, 1 NOTARY PUBLIC FOR IDAHO IDAH Residing at: Commission Expires: O0PSV,D AUCtIS rl... la 4USS � h� ti City OI ` E i �n�,tttr a. a Atte by Cit Jerk Approved By City Council On: SANITARY SEWER EASEMENT Page 3 of 7 STATE OF IDAHO, ) : ss County of Ada ) On this day of 1) 66e,19 604' , 20 1 (0 , before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and C.Jay Coles, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL):4, I©A��, NOTARY PUBLIC FOR IDAHO a Residing at: %+ Commission Expires:— —� so i,`��y � f • SANITARY SEWER EASEMENT Page 4 of 7 :B'k J•U•B ENGINEERS, INC. AY J -U -B COMMINIES I GROUP NAPPING EXHIBIT A2.1 Sanitary Sewer Easement Simplot Boundary Description Project Number 10-15-116 November 15, 2016 An easement situated in the west half of the southwest quarter (Government Lots 3 & 4) of Section 30, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and being varying widths on each side of the following described courses: Commencing at the west quarter -section corner of Section 30, Township 3 North, Range 1 East, Boise Meridian; Thence 589°45'40"E, 80.01 feet along the north line of the west half of the southwest quarter to the easterly right-of-way line of S. Meridian Rd. (SH 69); Thence S01°03'06"W, 308.60 feet along the easterly right-of-way line of S. Meridian Rd. (SH 69); Thence SO4°39'32"E, 7.06 feet along the easterly right-of-way line of S. Meridian Rd. (SH 69) to the POINT OF BEGINNING: The width of the easement being 28.00 feet, 10.00 feet left (northeasterly) and 18.00 feet right (southwesterly) of the following six courses: Thence S32°42'44"E, 417.94 feet; Thence S44°47'38"E, 254.83 feet; Thence S35°25'27"E, 338.83 feet; Thence S27°30'10"E, 206.80 feet; Thence S22"33'24"E, 169.87 feet; Thence S03°02'28"E, 401.26 feet; The width of the easement being 36.00 feet, 18.00 feet left (southerly) and 18.00 feet right (northerly) of the following course: Thence 586°49'25"W, 66.59 feet; The width of the easement being 28.00 feet, 18.00 feet left (easterly) and 10.00 feet right (westerly) of the following two courses: Thence S05°11'08"W, 403.23 feet; yam, OF < Page 1 of 2 ���FC S a 250 S. Beechwood Avenue Suite 201, Boise, ID 83709 p 208-376-7330 f 208-323-9336 1v www.jub.com SANITARY SEWER EASEMENT Page 5 of 7 J-u•B ENGINEERS, INC. Simplot continued... Thence SO4°00'13"E, 362.40 feet, more or less, to the northerly right-of-way line of E. Amity Rd., the POINT OF ENDING. The above described easement contains 1,68 acres, more or less, The sidelines of the above described easement shall extend or contract to form a closed figure and to close upon the right-of-way lines at the POINT OF BEGINNING and at the POINT OF ENDING. Prepared from information of record. s. Page 2 of 2 �ygEC S 0l a 250 S. Beechwood Avenue Suite 201 Boise, ID 83709 p 208-376-7330 / 208-323-9336 w www,jub.com SANITARY SEWER EASEMENT Page 6 of 7 i U f31_nI�IPA�IIC� TNN ,� (LANGOON MAPPING IM j GATEWAY GROUP INC. J-u•B ENGINEERS, INC. Simplot continued... Thence SO4°00'13"E, 362.40 feet, more or less, to the northerly right-of-way line of E. Amity Rd., the POINT OF ENDING. The above described easement contains 1,68 acres, more or less, The sidelines of the above described easement shall extend or contract to form a closed figure and to close upon the right-of-way lines at the POINT OF BEGINNING and at the POINT OF ENDING. Prepared from information of record. s. Page 2 of 2 �ygEC S 0l a 250 S. Beechwood Avenue Suite 201 Boise, ID 83709 p 208-376-7330 / 208-323-9336 w www,jub.com SANITARY SEWER EASEMENT Page 6 of 7 N o -89'45'40"E 80.01 -- - Exhibit ori olio L---------------- - - -— N SO4'39'32"E ul — Point of Beginning Temporary 7.06' ,,—Construction, \ Ea ement \ 32'42'44"E Y o I 300 \�� 417.94' ' l SCALE IN FEET I � ;o 1 S44'47'38"E \ \ 254.83' \\ i � II S3S25'27"E (DI 338.83' \ = 1 I !t I 1 Permanent -ewer \\ Easement \ m I i S27'30'10"E \� 206.80' \ S22'33'241 I 503'02'28"E �I I I 401.26' {�I S86'49'25"VV -\_ c? 66.59' I I S05-1 1-08"W 1i'a o'- 403.23' I J I IIIA --28' I i 10' —I A'j i 504'00'13"E w I 362.40' Temporary I a 14 Construction Easement I Point of Ending 25 3 36 31 — — — — E. Amity Rd. Meridian Black Cat Trunk I SHEET NUB 1 of 1 I T.P,x, ��,n >. Cit of Meridian _11V' 8'I lc. 1/2 SW 1/4 of Section 30, T3N., R,1 E., B.M., ),U�B ENGINEERS, INC. City of Meridian, Ada County, Idaho PtY`N BV PR (�AtE LASt Uiv>iFn.,r;rRL6rf SANITARY SEWER EASEMENT Page 7 of 7