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Tree Farm Subdivision No 3. Sewer Easement #2Project Narne (Subdivision): Tree Farm Subdivision #3 Sanitary Seiver Easement Number: #2 Identify this Casement by sequential number if Project contains more than one sanitary sewer easement. (,See Instructions for additional information), ADA COUNTY RECORDER Christopher D. Rich 2018-066907 BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 07/18/2018 01:22 PM CITY OF MERIDIAN, IDAHO NO FEE ,IV) THIS Easement Agreement, made this �Tv1 day of JLktq , 20 1 S — between Fairmont Tempe, LLC ("Grantor"), and the City of Meridian, an Idaho Municipal diporation ("Grantee"); WHEREAS, the Grantor 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 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 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 their altied 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, it's 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 covenants and agrees that Grantor will not place or allow to be placed ally 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, Sanitary Sewer Easement REV. 03/26/18 Meridian City Council Meeting Agenda July 17, 2018 — Page 108 of 367 THE GRANTOR covenants 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, 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 WITHNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. MVERF Me Fairmont Tempe, LLC, an Arizona limited liability company By: M3 ID Eggers Treefarm, L.L.C., an Arizona limited liability company Its: Attorney -in -Fact (Instrument No. 2018-010856 records of Ada County, Idaho) By: M3 Builders, L.L.C, an Arizona limited liability company, Its: Manager By: The M3 Companies, LLC, an Arizona limited liability company Its: Member By:/ William I. Brownlee, Its: Manager Meridian City Council Meeting Agenda July 17,;2018 — Page 109 of 367 STATE OF )ss County of On this day of 291f,� before me, the undersigned, a Notary Public in and for said State, e, person appeared William I. Brownlee, known or identified to me to be the Manager, of the Limited Liability Corporation (LLC) that executed the within instrument, and acknowledged to me that such LLC executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. NOTARY Residing a Meridian City Council Meeting Agenda July 17,;2018 — Page 110 of 367 STATE OF IDAHO, ) : ss. County of Ada This record was acknowledged before me on 9 - -16 (date) by Tammy de Weerd and C.Jay Coles on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. WOW& - Notary SignatureYl) My Commission Expires: s5 * 01 - 3-0 a D - Sanitary Sewer Easernent REV. 03/26/19 Tree V-acty-) SuJo 43 cute r 4 2 EXHIBIT "A" T"E OATEWAY CJUBI J -U-8 CGMPANIES �LARO,00" MAPPINO GROUP INC, J -U -S ENGINEERS, INC. Tree Farm Subdivision No, 3 City of Meridian Sewer Easement 2 Boundary Description Project Number 10-17-117 June 26, 2018 An easement situated in the southwest quarter of Section 22, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at the southwest corner of Section 22, Township 4 North, Range I West, Boise Meridian, which bears N89*17'18"W, 2647.24 from the southeast corner of the southwest quarter (south quarter - section corner); Thence N27006'37"E, 2565.54 feet along a random line to the POINT OF BEGINNING: Thence 68.50 feet on a non -tangent curve to the left', concave northwesterly, having a radius, of 63.50 feet, a central angle of 61'4826", a chord bearing of 1\131*25'02"E, and a chord length of 65.23 feet; Thence S05*3939"E, 60.43 feet,, Thence SOO'30'49"W, 144.76 feet; Thence N89*29'11"W, 30.00 feet; Thence NOCI*30'49"E, 142.05 feet, Thence N55'20'11"W, 12.08 feetto the POINT OF BEGINNING. The above-described parcel contains 0.12 acres, more or less., Page I of 1 a 250 & Beechwood Avenue, Suite 201, Boise, ID 83109 p 208-376-7330 f 208-323,9336 w wwwJubcom Meridian City Council Meeting',Agenda July 17, 2018 — Page 112 of 367 f U F 0 1s 30- Scab in Feet Am L -t o l� llyp BT34 �q� Line Table Line # Direction Length N89'29'11' L1 N55'2C'11"1N 12.08' 30,.00' Curve Table Curve # Length; Radius Delta Guard Bearing Chord Length; C1 68.50' 63.50' 61'4826" N31'25'02"E 65.23' 2"122 N89'1718W 2647.24' 22 2 27 27 Farm 5HEET S. 22, T. 4 N., R., 1 W.., B,M, 1of AeUO6tii, Idaho. EXHIBIT "B"' I Sewer Easement 2 16/26/2018 1 1: 0.1196 Acres (5208 Sq Lt, r-63.50, delta=061.4826, chord=n31.2502e 65,23 sG5.3939e 60.43 st10.3049w 144.76 n8g.291 l w 30 n00.3049e 142.09 nr,r, 7n11w V) M Meridian 114 of 367'