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Lavendar Heights Sanitary Sewer and Water Main Easement No. 1 (2020-073859) ADA COUNTY RECORDER Phil McGrane 2020-073859 Project Name(Subdivision): BOISE IDAHO Pgs=8 CHE FOWLER 06/17/2020 02:41 PM CITY OF MERIDIAN, IDAHO NO FEE 'Sanitary Sewer&Water Main Easement Number: Identify this Easement by sequential number if Project contains more than one easement of this type iSee instructions for additional informahon SANITARY SEWER AND WATERI E E T THIS Easement Agreement (this "Agreement"), is made effective this 16thdate of June 2020 (the "Effective Date"), between Donald J. Baumgartner and ,Kathi R. Baumgartner, husband and wife ("Grantor"), and the City of Meridian, _an Idaho Municipal Corporation ("Grantee"); 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 the 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 (the "Easement") for the operation and maintenance of sanitary sewer and water mains over and across the property more particularly described and depicted on Exhibit A, attached hereto and made a part hereof (the "Easement Area"). 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, 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 Easement Area 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 Easement Area described in this Agreement that was placed there in violation of the 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 SANITARY SEWER AND WATER EASEMENT—1 Meridian City Council Meeting Agenda June16,2020— Page 83 of 223 Pro'ect Name(Subdivision): Sanitary Sewer&Water Main Easement Number: `1i Identify this Easement by sequential number if Project contains more than one easement of this type (See instructions for additional information). SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement (this "Agreement'), is made effective this 16thdate of June 2020 (the "Effective Date"), between Donald J. Baumgartner and Kathi R. Baumgartner, husband and wife ("Grantor"), and the City of.Meridian, an Idaho Municipal Corporation ("Grantee"); 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 the 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 (the "Easement") for the operation and maintenance of sanitary sewer and water mains over and across the property more particularly described and depicted on Exhibit A, attached hereto and made a part hereof (the "Easement Area"). 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, 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 Easement Area 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 Easement Area described in this Agreement that was placed there in violation of the 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 SANITARY SEWER AND WATER EASEMENT—1 Meridian City Council Meeting Agenda June 16,2020— Page 83 of 223 within the Easement Area, which would interfere with the use of the Easement, for the purposes stated herein. THE GRANTOR COVENANTS AND AGREES with the Grantee that should any part of the Easement Area hereby granted become part of, or lie within the boundaries of any public street, then, to such extent, such 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 by Grantee. 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 to Grantee, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever against Grantee. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. [end of text; signatures to follow] SANITARY SEWER AND WATER EASEMENT—2 Meridian City Council Meeting Agenda June 16,2020— Page 84 of 223 IN WITNESS WHEREOF, the said parties have hereunto subscribed their signatures as of the Effective Date GRANTOR: DONALD J. BAUM ARTNER Date: U I 2ZVU �. , lee KA HI R. BAUMGART Date: 1 4-cam ACKNOWLEDGMENT STATE OF IDAHO ) ss. County of 5 On this!B day ofLM 20 , before me, the undersigned, a Notary Public in and for said state, personally appeared and Kathi R. Baumgartner, husband and wife, known or identified to executed the instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. STEPHANIE BUSE COMMISSION#16533 NOTARY PUBLIC Notary Public for Idaho STATE OF IDAHO Residing at: Boise, ID MY COMMISSION EXPIRES 08/31=0 My commission expires:August 31, 2020 SANITARY SEWER AND WATER EASEMENT-3 Meridian City Council Meeting Agenda June 16,2020— Page 85 of 223 ACKNOWLEDGMENT STATE OF IDAHO ) ) ss. County of On this day of 20 re me, signed, a Notary Public in and for said state, per ally appeare Donald J. Baumgartner d—+(- +-�t.!P Ballmg.adnpr, husband and wife, known or identified t be the o executed the Instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed icial seal the day and year in this certificate first above written. STEPHANIE BUSE Notary Public for Idaho COMMISSION#16533 NOTARY PUBLIC Residing at Boise,ID STATE OF IDAHO M commission expires:August 31,2020 MY COMMISSION EXPIRES 08i3tl2020 y p SANITARY SEWER AND WATER EASEMENT-3 Meridian City Council Meeting Agenda June 16,2020— Page 86 of 223 GRANTEE: CITY OF MERIDIAN, an Idaho municipal corporation By: Robert E. Simison,Mayor Date: 6-16-2020 Attest: Chris Johnson, City Clerk Date: 6-16-2020 ACKNOWLEDGMENT STATE OF IDAHO ) ss. County of Ada ) On this 16th day of Tune 2020 before me, the undersigned, a Notary Public in and for said state, personally appeared Robert E. Simisonand Chris Johnson, known or proved to me to be the Mayor of the City of Meridian, and City Clerk of the City of Meridian, respectively, the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at Meridian, Idaho My commission expires: 3-28-2022 SANITARY SEWER AND WATER EASEMENT—4 Meridian City Council Meeting Agenda June 16,2020— Page 87 of 223 EXHIBIT A PROPOSED LAVENDER HEIGHTS SUBDIVISION SEWER AND WATER EASEMENT EXHIBIT LOCATED IN THE SE 1/4 OF THE SW 1/4 OF SECTION 32, T.3N., R.1 E., BM. 31 32 ADA COUNTY, IDAHO 1/4 C 1/4 �NPL LANDS S TE � "`U - AREA = 11104 SF 12 ill 18 � 0.255 ACRES — ��yTTF S89°49'51"E \�Q3 CD113. o N -- 3 N O� ,� \�V z N �JO N89'49'51"W� C2� �C4 L4 113.59' n LLJm I �� N46'41'53"W - Lt J �� 79.65 o �� LINE TABLE POINT OF BEGINNING CD m z �� LINE # LENGTH DIRECTION00 00 Ll 26.32' N89'49'51"W I N w J�J L2 30.00' NO'07'01"E No L3 79.65' S46'41'53"E o CO z L4 26.34' S89'49'51"E a� cfl 0 L5 30.00' S0'12'02"W fy- Ld CURVE TABLE o CURVE # LENGTH RADIUS DELTA BEARING CHORD o z ~ C1 86.57' 115.00' 43'07'58" N68'15'52"W 84.54' p C2 63.99' 85.00' 43'07'58" N68'15'52"W 62.49' I C3 86.57' 115.00' 43'07'58" S68'15'52"E 84.54' C4 63,99' 85.00' 43'07'58" S68'15'52"E 62.49' 31 32 A E. LAKE HAZEL RD. W 1/16 32 1/4 6 5 S89'57'01"E 1331.91' S89'58'24"E 1331.96 5 0 125 250 500 ind � —Land Surveying and Consulting 231 E.51 H ST..STE.A MERIDIAN,ID 83642 (208)288-2040 (208)288-2557 fax wmv.landsoluWns biz 108 t;0. 17-5 EXHIBIT B Legal Description Sewer and Water Easement Proposed Lavender Heights Subdivision A parcel of land located in the SE '/4 of the SW '/4 of Section 32, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at an Aluminum cap monument marking the southwest corner of said Section 32, from which an Aluminum cap monument marking the northwest corner of the SW '/4 of said section bears N 0032'17" W a distance of 2700.11 feet; Thence S 89°57'01" E along the southerly boundary of said SW'/4 a distance of 1331.91 feet to a 5/8 inch iron pin monument marking the southwest corner of the SE '/4 of said SW%; Thence S 89058'24" E along the southerly boundary of said SE 1/4 of the SW '/4 a distance of 1331.96 feet to an Aluminum cap monument marking the southeast corner of said SW'/4; Thence along the easterly boundary of said SW '/4 N 0012'02" E a distance of 1069.18 feet to the POINT OF BEGINNING; Thence leaving said boundary N 89°49'51" W a distance of 26.32 feet to a point of curvature; Thence a distance of 86.57 feet along the arc of a 115.00 foot radius curve right, said curve having a central angle of 43'07'58" and a long chord bearing N 68o 15'52"W a distance of 84.54 feet to a point of tangency; Thence N 46041'53" W a distance of 79.65 feet to a point of curvature; Thence a distance of 63.99 feet along the arc of an 85.00 foot radius curve left, said curve having a central angle of 43007'58" and a long chord bearing N 68015'52"W a distance of 62.49 feet to a point of tangency; Thence N 89049'51" W a distance of 113.59 feet to a point; Thence N 0007'01" E a distance of 30.00 feet to a point; Thence S 89049'51" E a distance of 113.62 feet to a point of curvature; Thence a distance of 86.57 feet along the arc of a 115.00 foot radius curve right, said curve having a central angle of 43007'58" and a long chord bearing S 68°15'52" E a distance of 84.54 feet to a point of tangency; Thence S 46041'53" E a distance of 79.65 feet to a point of curvature; Thence a distance of 63.99 feet along the arc of a 85.00 foot radius curve left, said curve having a central angle of43°07'58" and a long chord bearing S 68015'52" E a distance of 62.49 feet to a point of tangency; Lavender Heights Subdivision Lijr J: !nd Su1'ry g and nd'�Jf;�9 Cffsi e Right-of-Way Land Sue In Consulting Job No. 17-55 Page 1 of 2 Meridian City Council Meeting Agenda June 16,2020— Page 89 of 223 Thence S 89049'51" E a distance of 26.34 feet to a point on the easterly boundary of said SW '/4 of Section 32; Thence S 0012'02" W along said boundary a distance of 30.00 feet to the POINT OF BEGINNING. This parcel contains 11,104 SF (0.255 acres) more or less. S�O\A L A N,S Clinton W. Hansen, PLS ��S T E p Land Solutions, PC May 13, 2020 11(118 ox A G' 1'�'�G '.T �j 9TF O F SOP CD tiToN W NPR J xa Lavender Heights Subdivision� Osite Right-of-Way Land Surveying anndd Off site .Job No. 17-55 Page 2 of 2 Meridian City Council Meeting Agenda June 16,2020— Page 90 of 223