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Baraya Subdivision No. 4 Sanitary Sewer Easement (2020-073858) ADA COUNTY RECORDER Phil McGrane 2020-073858 Project Name(Subdivision): BOISE IDAHO Pgs=5 CHE FOWLER 06/17/2020 02:41 PM Saraya Subdivision No. 4 CITY OF MERIDIAN, IDAHO NO FEE Sanitary Sewer]Easement Number: Identify this Easement by sequential number if Project contains more than one sanitary sewer casement. (See Instructions for additional information). SANITARY SEWER EASEMENT THIS Easement Agreement, made this 16th day of Tune � 20 20 between Development, Inc ("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 Meridian City Council Meeting Agenda June 16,2020— Page 77 of 223 Project Name(Subdivision): Baraya Subdivision No. 4 Sanitary Sewer Easement Number: 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 16th day of Tune , 20 20 between Development, Inc ("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 Meridian City Council Meeting Agenda June 16,2020— Page 77 of 223 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: Challenger Development,Inc. 2 C:�� Corev Barton, Presl e STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on date) by ore ( ✓'}c1i1 (name of individual), [complete the following if si ning in a representative ca acity, or strike the following if signing in an individual capacity] on behalf of Challenger Development,Inc (name of entity on behalf of whom record was executed), in the following representative capacity: President (type of authority such as officer or trustee) (stamp) l _, > y Notary Signature My Commission Expires: • OF t �f!!1!!l1S01191�'4 Sanitary Sewer Easement REV. 01/01/2020 Meridian City Council Meeting Agenda June 16,2020— Page 78 of 223 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 6-16-2020 (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 3-28-2022 My Commission Expires: Sanitary Sewer Easement REV. 01/01/2020 Meridian City Council Meeting Agenda June 16,2020— Page 79 of 223 EXHIBIT,A DESCRIPTION FOR MERIDIAN SEWER AND WATER MAIN EASEMENT BARAYA SUBDIVISION NO. 4 A portion of the NW 1/4 of the NE 1/4 of Section 15, T.3N., RAW., B.M., Ada County, Idaho more particularly described as follows: Commencing at the E1/16 corner of said Section 15 from which the N1/4 corner of said Section 15 bears North 89°15'23" West, 1320.35 feet; thence South 30°06'31" West, 1,368.90 feet to the REAL POINT OF BEGINNING; thence South 00°44'44" West, 77.58 feet; thence North 89032'47" West, 25.00 feet; thence North 00°44'44" East, 52.39 feet; thence 35.94 feet along the arc of a curve to the left, said curve having a radius of 73.00 feet, a central angle of 28012'41" and a long chord which bears North 45°22'55" East, 35.58 feet to the REAL POINT OF BEGINNING. �GENS 7729 If NX OF10 CRY G.CP Meridian City Council Meeting Agenda June 16,2020— Page 80 of 223 1/4_S.10 _ _ _ _ W. FRAN_K_LIN RD. E1/16 S.10 S.15 S89'15'23"E 13_20.35' S.15 BASIS OF BEARINGS v.• J RPOB J L W. COBALT ST. G� 15 00 n 2 10 40 0 5 20 SCALE: 1 = 20' BLOCK 12 0 15 W a V' 15 15 Z N89'32'47"W 25.00' LINE TABLE LINE LENGTH BEARING 15 L1 1368.90 S30'06'31"W kQ 5 N GAG CURVE TABLE 0 CURVE RADIUS LENGTH CHORD DIST. CHORD BRG. DELTA 772 9 N,,Sk���z� �o C1 73.00 35.94 35.58 N45'22'55"E 28*12'41" OF �C014Y G.CN uh N.♦19-= Y 1 2020 2:25:45 PM IDAHO EXHIBIT _ DRAWING FOR JOB NO. MERIDIAN SEWER MAIN EASEMENT 19-028 SURVEY 80 SE,1DAH0 W.EMERALD 4 SHEET N0. (08)64"5 0 s370 B A R A YAQQ��TT}SUBDIVISION �U B D I VI S I�OQtNy,� DWG. DATE �N�TO. 4 1 GROUP, LLC Meridian tyCouncil4�AC� j��A r 1 M�R1Ut ADA0 TY 1(7A '3N., RAW, B.M. 5/21/20 0