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Whiteacre Subdivision No 5 Sewer Easement #2ADA COUNTY RECORDER Christopher D. Rich 2018-066909 BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 07/18/2018 01:22 PM CITY OF MERIDIAN, IDAHO NO FEE Proicet Name (Subdivision): WHITEACRE SUBDIVISION NO 5 Sanitail Selver- Easement Numbei-: 2 Identify this Easement by sequential number if Project contains more than one sanitary sewer easement. (See Instructions for additional information), -� day of JULY 208 between THIS Easement Agreement, made this It I I 1Whiteacre Development Corp. — — ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation ("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 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, 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 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. Sanitary Sewer Easement REV. 03/26/18 THE GRANTOR covenants and agrees 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 WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: STATE OF IDAHO ) ) ss County of Ada This record was acknowledged before me on Q �(date) by E. Don Hubble on behalf of Whiteacre Development Inc., in the following representative capacity: President ,,'Si I � I NOT.41? Notary 'Sig 4ture CX My Commission Expires: �AUBL I C, OF Sanitary Sewer Easement REV. 03/26/18 Meridian City Council Meeting Agenda July 17, 2018 — Page 133 of 367 GRANTEE: CITY OF MERIDIAN STATE OF IDAHO) ) City Of SEAL ss. County of Ada This record was acknowledged before me on 9-11-18 (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. Notary Signature -ft?IAJ2,L��j, UFtvltz -v" —0 My Commission Expires: Sanitary Sewer Easement REV, 03/26/18 N0- G 4 2 - EXHIBIT A LE AL DESCRIPTION FOR, CITY OF M1 F DI N EWtR E0tmI5' T WHITEACRE SUBDIVISION. NO,, .5 portion of the SE 914 of the NE 1%4 0 -Section 38,. TA., R;1VV., R..M., Meridiab, Ada County, Idaho more particularly described as: follows: EASEMENT is Commencing at the N 1116,: orner of said Section 36,1sald point also being the SE corner of Arnber reek'Sub&lsion No. las filed n':Boak: 7 cf Plots at Pages 1.2 145. thr sigh ,. redords of Ada;;Ccrunty, ldehct, from which `the E1.14 corner cif said' option dears 'South: 0062934West, 1,330.19 feet; thence South 2r-45'38" Vilest, 4 6: 8 feet tc� the. REAL, POINT .Oi" BEGINNWC;. thence North 09,!41'24" East, 105.133 fee# thence South 89°1V36"' Ea #, 20.00, feet; thence South OW41'24f' 190.65Feet, said aut�va hauitg a hears North 31'26417" Commencing at the N'l11Fi oerctF said Rection 36, .said point. atso k�ein the SE' corn+ ofAmb ubdiuision No. 1 as filed in Book 97of Ptats at Rages 12,94 ;throtagh 12,149, records of Ada; County, Idaho, from which the E114 comer of said Section 36 hears Beath 00°29'34'" Vilest, 1,336.19 feet-, thence '-South 42 W24" West; $6047 Feet to the REAL. POIN T Of $IEGINNING, thence North 00°49`24" East, 73.07°feet, thence South 890 18`38" l=ast, 20.00 feet; thence South 00'4124" Vilest, 109.28 feet; Page 1 of Meridian City Council Meeting Agenda July 17, 2018 Page 135 of 367' thence 34, 90 feet along the are of a non -tangent curve to the left, said curve having 'a 'radius of 72.00 feet, a central angle of 270461 X and, a long chord which bears North 34040W West, 34,56 feet to the REAL POINT OF BEGINNING. Page 2 of I Meridian City Council Meeting Agenda July 17„2018 — Page 136 of 367 1� 1 8 In UINPLA TPED W WAUSAU $T SURVEY fl AOISF- IDAHO 41�iN GROUP, LLC N1/16,1 AMBERCREEK - I SUD. NO, I S.36 I WI-11TEACRE SUODIVISION NO: 3 25 300 0 SCALE: 1 100' EXHIBIT B- DRAWING FOR CITY OF MERIDIAN SEWER EASEMEN WHITrAQRE SU.PDIVtSION, NO. 5 LOC�Tfo IN, THE St X Or THE NE i/4 SECTION 30, TOC. R1W, SM- MER11DIAN, ADA MNTY. IDAHO Meridian City Council Meeting Agenda July 17, 2018 — Page 137 of 367 10-051 1 36'E BLOCK 371 CURVE TABLE' CURVE RADIUS LENGTH CHORD DIST, CHORD BRG, DELTA Cl MOD 31.22 31.03 # 39`26'47" W 2"21'46" 40 72.00 34.40 34,56 N34`40'25"W 27'46'13" bi f / RPOB A2 c L EASEMENT #2` w P08 Al 1 m EASEMENT # 1 m a D CURVE TABLE' CURVE RADIUS LENGTH CHORD DIST, CHORD BRG, DELTA Cl MOD 31.22 31.03 # 39`26'47" W 2"21'46" C2 72.00 34.40 34,56 N34`40'25"W 27'46'13" SCALE, 1 "= 5th' 9955WNEfAERAtOST. a 2 U 1 E iYIS1. IESAHO Orr SURVEYto T—Af IlUt r .i.�.: t. INMYiJ"i r VIN CITE' UE MERI©IAN SEWER EASEMENT WNITEACRE SUBDIVISION NO. 5 18--0x51 SNCET . 2of s� - LOCATED IN -MC SE Y, Or INCK� 1f4 -SECTION 363 i4N., 41W.. 8,0, DWG. DATE GROUPGROUP LLC , MtRI IAN. ADA CULINTV, IDA140 7%212018 Meridian City Council Meeting', Agenda July 17, 2018 Page 138 of 367'