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Black Cat Trunk Sewer Easement for Citadel on AmityADA COUNTY RECORDER Christopher D. Rich 2017-099208 BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 10/18/2017 03:28 PM CITY OF MERIDIAN, IDAHO NO FEE THIS INDENDTURE, made this 2--7 day of -S6-Pkrnb1,K,- 2017 between SKYLINE BOISE, L.L.C., an Idaho limited liability 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"): 4,1 The Sanitary Sewer Easement hereby granted is for the purpose of construction and operation of an underground sewer line and allied sewer facilities, together with their maintenance, repair and replacement. Any allied sewer 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 repair and replacement of the underground sewer line. For ordinary inspections, maintenance and repairs, GRANTEE will access the Sanitary Sewer Easement through alternative access provided by GRANTEE through the primary entrance and drive aisles of GRANTOR's adjacent lands. 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 SANITARY SEWER EASEMENT- I 13851932-3 [12094-431 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 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, except as provided herein, it will not place or allow to be placed any permanent structures in the Sanitary Sewer Easement. GRANTOR may place fencing and paving, and may plant trees and perennial shrubs within the Sanitary Sewer Easement, but GRANTOR shall remove the same at GRANTOR's expense if requested by GRANTEE for GRANTEE to conduct repair or replacement activities in the Sanitary Sewer Easement. GRANTOR will, at GRANTOR's expense, remove any trees or shrubs in the Sanitary Sewer Easement upon GRANTEE's request if GRANTEE determines that such trees or shrubs pose a material risk of damage to the underground sewer line or allied sewer facilities. GRANTEE agrees that this Sanitary Sewer Easement is nonexclusive and may be used for any purpose not inconsistent with the rights conveyed to GRANTEE hereunder. Specifically, GRANTEE agrees that GRANTOR contemplates using, or allowing GRANTEE or others to use, some or all of the Sanitary Sewer Easement for other utility infrastructure (including the specifically contemplated water pipeline and allied facilities), and GRANTEE agrees that such uses are not inconsistent with GRANTEE's rights hereunder. GRANTEE agrees to design and install all of GRANTEE's improvements in the Sanitary Sewer Easement in a manner that will allow other utility infrastructure to be co -located therein. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, except as provided herein, that GRANTOR shall be solely responsible for the repair and maintenance of the surface of the easement area. 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 sewer 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. SANITARY SEWER EASEMENT - 2 13851932-3 [12094-431 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 achieve substantial completion of the installation of the underground sanitary sewer pipeline on or before August 15,2018, Grantor may terminate the Sanitary Sewer Easement. In the event of such termination, no further Building Permits shall be issued and no Certificates of Occupancy shall be issued for the Premises until the Parties have mutually agreed on a new location for the underground sanitary sewer pipeline, to be set forth in a replacement easement. The easement requirement of the March 15, 2016 Development Agreement between the Parties can only be waived through City of Meridian's Development Agreement Modification procedure, and Grantor's termination of this easement without the Parties' agreement on a replacement shall constitute default under the Development Agreement. [Remainder- ofpage intentionally left blank; counterpart signature pages follow] SANITARY SEWER EASEMENT - 3 13851932-3 (12094-43] IN WITNESS WHEREOF, the said parties have hereunto subscribed their signatures the day and year first herein above written. GRANTOR BOISE SKYLINE L.L.C., an Idaho limited liability company By: Amy Kelley, ager Zy Address: PO Box 546 Meridian, Idaho 83680 STATE OF IDAHO ) ss. County of Ada On this Z-1 day of S2, of , 2017, before me, the undersigned, a Notary Public in and for said State, persona ly appeared Amy Kelley, known or identified to me to be an Manager of Boise Skyline, L.L.C., the limited liability company that executed the within instrument, and acknowledged to me that the limited liability company 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) STEPHANIE D. MEYER NOTARY PUBLIC STATE OF IDAHO SANITARY SEWER EASEMENT - 4 13851932-1112094-43) AJii� ' NO ARY PUBLIC FOR IDAIlb Residing at: A,)(/, (�UUIiL Commission Expires: Z3 GRANTEE CITY OF ERTDI N Att68t by C. y Coles, City Clerk Approved By City Council On: c / o STATE OF IDAHO ss County of Ada ) �EIDIAN�-- IDAHO SEAL y/ On this I day of 0C4C bPW— , 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared T- m� and C. Jay Coles, known to me to be KLi� CO�InG i PCE��ayar 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. • • •••even..@*.•... 0E- . O �•• `SATE U� .•� SANITARY SEWER EASEMENT - 5 13151932-1(1209443) OvAhn b-) NOTARY PUB I FOR IDAH Residing at: oAcan —T -L Commission Expires: 3 -,RR •.'� o a a f— (CJ'V'B , J•U-6 ENGINEERS, INC. j -U -B COMPANIES®ITHE GATEWAY GnPONIINC. ti I MAPPING GROU EXHIBIT A Sanitary Sewer Easement Citadel Boundary Description Project Number 10-15-116 September 19, 2017 An easement situated in in Government Lot 1 of Section 31, 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 31, Township 3 North, Range 1 East, Boise Meridian; Thence N89°20'31"E, 787.07 feet along the north line of the Government Lot 1; Thence S00°39'29"E, 25.00 feet to the southerly right-of-way line of E. Amity Road, the POINT OF BEGINNING: Thence N89°2031"E, 55.88 feet along the southerly right-of-way line of E. Amity Road; Thence S56°52'25"W, 181.95 feet; Thence S00°36'51"W, 609.36 feet to the south boundary of Parcel A of Record of Survey 9941 and Warranty Deed 2015-103522, records of Ada County, Idaho; Thence N89°22'32"W, 40.00 feet along the south boundary of Parcel A; Thence N00°3651"E, 618.72 feet; Thence N56°5225"E, 162.87 feet to the POINT OF BEGINNING. The above-described easement contains 0.68 acres, more or less. Prepared from information of record. Page 1 of 1 a 250 S. Beechwood Avenue, Suite 201, Boise, ID 83709 p 208-376-7330 .f 208-323-9336 w www.jUb.com z z 36F31 36 rn z to M EXHIBIT Point of Beginning Sanitary Sewer Easement & Temporary Construction Easement 1 E. Amity Rd. Point of Beginning Temporary Construction N89'20'31"E 787.07' Easement 3 Point of Beginning Temporary Construction Easement 2 \ _\ _ ^L9 \ / L2 / �L10 Temporary '� /� '-Ob( Temporary Construction-- \ �S j ter -L13 Construction Easement 1 ; 0000j � \ Easement 2 �0' \ I Existing I I \ \ Pipeline Easement I—� 20' \ \ 0 60 100 SCALE IN FEET I I I \ I \ I - --98' \ i ( I I I I I I I Temporary Permanent I I Construction Sewer Easement 3 EasementNil I I I I I , I 1 L5 j L16 j REU6E OFDRA'j(N06 THSDDDUAIENT,AND,NEpF/S AYO DESIGNS NGDPPORAIEDN Line Table Line # Direction Length L1 500'39'29"E 25.00' L2 N89'20'31 "E 55.88' L3 S56'52'25'W 181.95' L4 S00'36'51"W 609.36' L5 N89'22'32'W 40.00' 1-6 N00'36'51 "E 618.72' L7 N56'52'25"E 162.87' L8 N00'36'51 "E 87.46' L9 N89'20'31 "E 135.47' L10 N89'20'31 "E 118.61' 1-11 S00'39'32"E 260.12' L12 N40'1 2'32"W 271.77' L13 N00'36'51"E 16.16' L14 N56'52'25"E 64.10' L15 S00'36'51"W 674.84' L16 N89'22'32"W 98.00' L17 N56'52'25"E 117.85' EXHIBIT Point of Beginning Sanitary Sewer Easement & Temporary Construction Easement 1 E. Amity Rd. Point of Beginning Temporary Construction N89'20'31"E 787.07' Easement 3 Point of Beginning Temporary Construction Easement 2 \ _\ _ ^L9 \ / L2 / �L10 Temporary '� /� '-Ob( Temporary Construction-- \ �S j ter -L13 Construction Easement 1 ; 0000j � \ Easement 2 �0' \ I Existing I I \ \ Pipeline Easement I—� 20' \ \ 0 60 100 SCALE IN FEET I I I \ I \ I - --98' \ i ( I I I I I I I Temporary Permanent I I Construction Sewer Easement 3 EasementNil I I I I I , I 1 L5 j L16 j REU6E OFDRA'j(N06 THSDDDUAIENT,AND,NEpF/S AYO DESIGNS NGDPPORAIEDN -:IV•Ib•�16—AUE - - ENIEAM&IS P �-"--- Meridian Black Cat Trunk SHEET ASANWSTRUNENr OF PROFESSq SERVWE,ISTIEPROPEAVDF tSHNOT T fiD,,.i,6 DRAWN OY: maE Cit Meridian FOXANNOMERPROJMID THE EXPRESS YWNUE mnINRPARI, FORAM DINER PROJECTYRIHOVTTNE EXPRE69 WRffTEN DEMGNft � � of AINNUR�tATIDN OFJAI-0ENCMEFRS. Y.e CNECNEDEY:K Government Lot 1 of Section 31, T3N., R.1 E., B.M., 1 of 1 1-U•0 ENGINEERS, INC City of Meridian, Ada County, Idaho NO REVISION OE9CflIP110N BY P OATS LAST UPDATED; DA 520,7