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Owyhee Sanitary Sewer Easement (2020-035280) Project Name(Subdivision): ADA COUNTY RECORDER Phil McGrane 2020-035280 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 03/26/2020 03:34 PM Sanitary Sewer Easement Number: CITY OF MERIDIAN, IDAHO NO FEE Identify this Easement by sequential number if Project contains more than one sanitary sewer easement. (See Instructions for additional information). SANITARY SEWER EASEMENT THIS Easement Agreement, made this 24th day of March , 20 20 between Woodside Avenue Investors,LLC. ("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. 01/01/2020 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. GRAN R: Woods' a enue Investors,LLC. TATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on jq l� (date) by!LMQ WWRyL (name of individual), [complete the following if signing in a representative capacity, or st a the following if signing in an individual capacity] on behalf of y11"1-�lie. {Yt ��, (name of entity on behalf of whom record was executed), in the following representative capacity: (type of authority such as officer or trustee) i.�•C'j rtl� No`4�J • • Not Signature �O7A�Y My Commission Expires: s PUBLIC �o ' q ve 4r O; �O51011 Sanitary Sewer Easement REV. 01/01/2020 Meridian City Council Meeting Agenda March 24,2020— Page 86 of 323 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor Attest by Chris Johnson, City Clerk STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 3-24-2020 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) Notary Signature My Commission Expires: 3-28-2022 Sanitary Sewer Easement REV. 01/01/2020 LEGAL DESCRIPTION THE Page 1 OF 1 LAN D GROUP January 22, 2020 Project No.: 118001 EXHIBIT"A" SEWER EASEMENT CITY OF MERIDIAN WOODSIDE AVENUE INVESTOR LLC SEWER EASEMENT An easement located adjacent to Parcel "A" as shown on Record of Survey Number 11348, recorded as Instrument Number 2018-036119,Ada County Records, situate in a portion of the Southeast Quarter of the Southeast Quarter of Section 32,Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: COMMENCING at the South Quarter Corner of said Section 32 (from which the Southeast Quarter Corner of said Section 32 bears South 89°17'50" East, 2651.02 feet distant); Thence North 00°36'39" East, 1266.66 feet on the north/south mid-section line of said Section 32;Thence South 89°23'21" East, 1324.22 feet to a point on the east line of said Parcel "A", said point being the POINT OF BEGINNING: Thence North 00'33' 19" East, 20.00 feet; Thence North 90'00' 00" East, 25.48 feet; Thence South 000 00' 00" West, 20.00 feet; Thence North 90'00' 00" West, 25.67 feet to the POINT OF BEGINNING. The above described easement contains 511 square feet, more or less. PREPARED BY: The Land Group, Inc. Michael Femenia, PLS pL a �C a 550 s TE of S. 01/22/2020 462 East Shore Drive, Suite 100. Eagle, Idaho 83616 208 939 4041 vielandgroupinc coo Meridian City Council Meeting Agenda March 24,2020— Page 88 of 323 W. MCMILLAN RD. _ S89°21'S8'E 642.72'.— — � 1321.29'— —1321.44'— co N LU m wlM CD E1/4 — — SECTION 32 5.33 C1/4 } S.32 I N90000'00"E I i I � Cn 25.48` co cCQ a N 6 1 o 25.667' �U, q ® N90°DD'00"W 3 5 5 I BECKY DR. POB I Il ATE OF y. ° I DETAIL co SCALE:1" = 30' 01/22/2020 LW cn o '� S89°23'21"E 1324.22' CM SEWER EASEMENT q AREA:±511 SQ.FT. — — SEE DETAIL � I � WEST ADA SCHOOL DISTRICT I — WOODSIDE AVENUE INVESTOR LLC W `n A II � f SE CORNER SECTION 32 fr T.4N., RAW., B.M. I I S•32 1 5.32 S.3 g� N _ — R7 R S.5 S89°17'5D" 2651.02 " S1/4 I W. USTICK RD. S•5 S.4 �I SECTION 32 i �I I E 0 500' 1000, Exhibit "B"I N Horizontal Scale: 1 = 500' Project No.:118001 s Date of Issuance:01/22/2020 TH E City of Meridian �- ~■ LAND Sewer Easement GROUP Woodside Avenue Investor LLC *- �ss ir3o Meridian City Council Meeting Agenda March 24,2020— Page 89 of 323