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Whitebark Subdivision No 2 Sewer EasementADA COUNTY RECORDER Christopher D. Rich 2017-116163 BOISE IDAHO Pgs=5 LISA BATT 12/06/2017 09:19 AM CITY OF MERIDIAN, IDAHO NO FEE Ct, THIS INDENTURE, made this - o day of 2017, between BHH Investments 1, LLC, the party of the first part, and hereinafter called the Grantor, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantor desires to provide a sanitary sewer main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer 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 mains over and across the following described property: The easement hereby granted is for the purpose of construction and operation of sanitary sewer 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. TO HAVE AND TO 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. THE GRANTOR hereby covenants and agrees that it will not place, or allow to be placed, any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement which would interfere with the use of said easement, for the purposes stated herein. Whitebark Subdivision No. 2 Sewer Main Easement THE GRANTOR hereby covenants and agrees with the Grantee that, should any part of the right-of-way and easement hereby granted become part of, or lie within the boundaries of, any public street, then, to such extent such right-of-way and easement hereby granted 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 it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. • 11R: BHH INV STMENA Ja H. Hunter, Manager ZS. Bridgeway Place leID 83616 STATE OF IDAHO ) ss. County of Ada ) On this 9-'5 day of 0L , 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared James H. Hunter, known or identified to me to be the Manager of BHH Investments I, LLC, 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 ye4&,I i isabgye written. CIA ^I — M ��,�� ti� G I LLQ •,O�i moi: �01 p= y �•b G , •.• P U B�' '•., 4 TE OF ��.••� NOTARY PUBLIC FOR Residing at: My Commission Ex Whitebark Subdivision No. 2 Sewer Main Easement 2 GRANTEE: CITY OF MERIDIAN o�QOFLATEDA(/G�S r CitY E QAN�. Tammy ej, Mayor SEAL k) Attest by Uay Coles, City Clerk Approved by City Council on: ld' 5- �))/7 STATE OF IDAHO ) ss. County of Ada ) On this b +�A day of Q Q-ce ff1 beV— , 2017; 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. "...... . y, SNR Y NOTARY PUBLIC FOR IDAH ' O Residing at: x, Z p ; My Commission Expires: . ', Pte" ,,",4Q' • •• STATE .•• Whitebark Subdivision No. 2 Sewer Main Easement 3 EXHIBIT A October 23, 2017 Description for City of Meridian Sanitary Sewer Easement Proposed Whitebark Subdivision No. 2 An easement located in the NW 1/4 of Section 32, T.3N., R.IE., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the N'/4 corner of said Section 32, from which the NW corner of said Section bears North 89°43'47" West, 2645.03 feet; thence along the northerly boundary of the NW 1/4 of said Section 32 North 89°43'47" West, 165.50 feet to the POINT OF BEGINNING; Thence South 00°18'39" West, 302.96 feet; Thence South 34°21'47" West, 27.55 feet to a point on a curve; Thence 32.25 feet along the arc of a non -tangent curve to the left, said curve having a radius of 95.00 feet, a delta angle of 19°26'53", and a long chord bearing North 34'50'16" West, 32.09 feet; Thence North 34°21'47" East, 6.97 feet; Thence North 00°18'39" East, 293.75 feet to a point on the northerly boundary of the NW 1/4 of said Section 32; Thence along said boundary South 89°43'47" East, 30.00 feet to the POINT OF BEGINNING. Said easement covering 9,439 SF, more or less. L N� S IL 11118 X 1P % z Ix 0 F CO �0N W.\A' 170129-ssease.docx EXHIBIT B I (BASIS OF BEARING) 1 1 30' 29_ _ _ _N 89'43'47" W 2645.03' E. AMITY RD. L3 — — 4,29 31� 2. —._.—.—.—._. 16T0 32 --- - PUNT Gly BEGYNN/NG w , a EMR EAEFMENT 9,439 SF. f/- o I --i 1 N°°;;oM 1 11 1' Zi , N I i IIJo vij CURVE TABLE — — CURVE LENGTH RADIUS DELTA CHORD BRG CHORD Cl 32.25 95.00 19'2653" N 34'5016" W 32.09 1 1 I 0 LINE TABLE ; PROPS S g Nom LINE BEARING DISTANCE RK L1 S 34'21'47" W 27.55' �N\1EgP L2 N 34'21'47" E 6.97' — — L3 S 89'43'47" E 30.00' L LA ND 1ST e 11118om 1p� I 17-41 �o I Z. 2 OF���S� roN W. NP LOT 16, BLOCK 1 BLACKROCK SUED. NO. 1 SCALE 1"=200' CITY OF MERIDIAN SANITARY SEWER EASEMENT PROPOSED WHITEBARK SUBD. NO. 2 NGINEERING SOLUTIONS 1029 N. ROSARIO ST., STE. 100 MERIDIAN, IDAHO 83642 Phone (208) 938-0980 Fax (208) 938-0941 DWG.DATE 10/23/17 PROJ. NO. 170129 SHEET 1 OF 1 LOCATED IN THE NW 1/4 OF SECTION 32 T.3N., R.1 E., B.M. MERIDIAN, ADA COUNTY, IDAHO 170129—SSEASE.DWG bkb