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Rapid Creek Subdivision No. 1 Sanitary Sewer and Water Main EasementADA COUNTY RECORDER Christopher D. Rich 2018-079771 BOISE IDAHO Pgs=5 LISA BATT 08/22/2018 02:19 PM CITY OF MERIDIAN, IDAHO NO FEE Project Name (Subdivision): Rapid Creek Subdivision No 1 Sanitary Server & Water Main Easement Number: Identify this Easement by sequential number if Project contains more, than one casement of this type. (See Instructions for additional information). TI41S Easement Agreement, made this day of20 18 between Challenger Development ('!Grantor"), and the City of Meridian, an Idaho Municipvolwration ("Grantee"); Inc. WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water 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 casement for the operation and maintenance of Sanitary sewer and water mains 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 and water 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, 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 Sanitary Sewer and Water Main Easement REV. 03/26/2018 purposes stated herein. 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 (date) (date) by Corey D Barton, on behalf of Challenger Development Inc. in the following representative capacity: President Sanitary Sewer and Water Main Easement' >Notary Signature My Commission Expires: -°O 'a -c4 --- REV. 03/26/2018 GRANTEE: CITY OF MERIDIAN ammy d6e4d, Mayor Mayor ' STATE OF IDAHO, ) : County of Ada This record was acknowledged before me on (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. (stamp) Notary Signature My Commission Expires: 3 -SLS -a Q D Sanitary Sewer and Water Main Easement REV. 03/26/2018 EXHIBIT .A DESCRIPTION FOR SEWER AND WATER EASEMENT RAPID CREEK SUBDIVISION NO. 1 A portion of the SE 1/4 of the NE 1/4 of Section 33, TAN., RAW., B.M., Ada County, Idaho more particularly described as follows: Commencing at the NE corner of said Section 33 from which the E1/4 corner of said Section bears South 00027'22" West 2631.60 feet; thence South 27°08'58" West, 1,711.69 feet to the REAL POINT OF BEGINNING; thence South 15018'53" West, 32.01 feet; thence North 75°59'02" West, 88.80 feet; thence North 14°00'58" East, 32.00 feet; thence South 75°59'02" East, 89.53 feet to the REAL POINT OF BEGINNING. J29 UNPLAT7'ED W. MCMILLAN RD. S.28 S.27 S.3.3 S.34 i I I Rp OB / q >-9-53' Q/ } y S 5'gg 02 89 s / ry Do I N>S S9,oz.,w 8 , � / Cock / / 20 I IDAHO rSURVEY (U GROUP, LLC �No �C . 17 729 OFI -1", �oRY G.CP�� +� r 5 20 80 0 110 40 SCALE: 1" = 40' I I 1 6 11 I 1/4 S.33 S.34 EXHIBIT DRAWING FOR 9955 W. EMERALD ST. SEWER AND WATER EASEMENT 01SE;]704 (20111846-8570 RAPID CREEK SUBDIVISION NO. 1 LOCATED IN THE SE Y~ OF THE.CE Y4 O,FIDAHOON 33, TAN., RAW.. B.M., ADA 17-173 1 )WG.DATE 8/3/2018