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Sky Mesa No. 1 Sanitary Sewer Main EasementADA COUNTY RECORDER Christopher D. Rich 2018-114829 BOISE IDAHO Pgs=5 LISA BATT 12/05/2018 09:06 AM CITY OF MERIDIAN, IDAHO NO FEE R"ka V ♦ tym Darol".4 ormi Dow Dily 0 THIS INDENTURE, made this day of rixl—cem �—X9018, between Sky Mesa East, LLC, an Idaho limited liability company, 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 right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline 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 a sewer line over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The casement hereby granted is for the purpose of construction and operation of a sanitary sewer line 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 he will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or Rowers within the area described for this easernent which would interfere with the use of said casement, for the purposes stated herein. Sky Mesa Subdivision No. 1 Sewer Main Easement REV. 08/15/16 THE GRANTOR hereby 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 they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said party of the first part has hereunto subscribed his signature the day and year first hereinabove written. GRANTOR: EAST, LLC iv -"14A ' J es H. Hunter, Manager 29 S. Bridgeway Place, Eagle, ID 83616 STATE OF IDAHO ) ss County of Ada On this day of C 2018, before me, the undersigned, a Notary Public in and for said State, personally James H. Hunter, known or identified to me to be the Manager of Sky Mesa East, LLC, that executed the within instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. (SEAL) Sky Mesa Subdivision No 1 Sewer Main Easement Meridian City Council Meeting Agenda December 4, 2018 — Page 125 of 445 REV. 08/15/16 GRANTEE: CITY OF MERIDIAN City of SEAL Approved By City Council On: I �Z L( Z STATE OF IDAHO ss County of Ada On this 14'" day of �)WCMJQ er , 2018, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and CJAY 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. CHARLENE WAY Do COMMISSW7390 •1 0 ,c NOTAk Ic .. . ......... ...... STATE OF IDAHO LWO VEFA Sky Mesa Subdivision No. 1 Sewer Main Easement REV. 08/15/16 EXHIBIT A PROPOSED SKY MESA SUBDIVISION NO. I MERIDIAN SANITARY SEWER EASEMENT - EXHIBIT 1/4E. AMITY RD. 29,L28 32 14 89-4343- W7 2656.26' CURVE TABLE CURVE # LENGTH RADIUS DELTA BEARIN Ci 20.89- 61.50' 19-2736r S41.05-49 LA V,6 I- TACONIC DR. tn E2 =32 �33 1/4 Lan lutions Land Surveying and Consulting 231 E. STH ST., STE. A MERIDIAN, ID 83642 (208) 288-2040 (208) 288-2557 fax www.1andsofutions.biz JOB NO. 18-27 Exhibit B Legal Description Sky Mesa Subdivision No. I - Permanent Easements An easement located in the NE 1/4 of Section 32, Township 3 North, Range I East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at an Aluminum Cap monument marking the southeast corner of the NE/4 (E % corner) of said Section 32, from which an Aluminum Cap monument marking the northeast corner of said Section 32 bears N 0°13'21" E a distance of 2677.54 feet; thence along the east boundary of said NE % N 0013'21" E a distance of 143.80 feet; thence leaving said boundary N 89'46'39" W a distance of 1530.62 feet to the POINT OF BEGINNING; Thence S 33*06'13" W a distance of 48.55 feet; Thence N 0'01'24" W a distance of 18.30 feet; Thence N 89059'24" W a distance of 11.94 feet; Thence N 33*06'13" E a distance of 45.40 feet to a point on a curve; Thence a distance of 20.89 feet along the arc of a 61.50 foot radius curve left, said curve having a central angle of 19027'28" and a long chord bearing S 41005'49" E a distance of 20.79 feet to the POINT OF BEGINNING, Said easement containing 818 SF, more or less. Clinton W. Hansen, PLS oNKL LA Nd Land Solutions, PC S T November 26, 2018 1118 101(utla uo — N W, "Sky Mesa Subdivision No. 1 dolutiolms Job No. 18-27 Q--- Land Surveying and consulting Meridian City Council Meeting Agenda December 4, 2018 — Page 128 of 445 Page 1 of 1