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Fairbourne Subdivision No. 2 Sanitary Sewer Easement No. 1 (2020-088298) ADA COUNTY RECORDER Phil McGrane 2020-088298 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 07/16/2020 08:42 AM CITY OF MERIDIAN, IDAHO NO FEE Fairbourne Subdivision No 2 abl Sc t t d�anttrad Number: _ ld4ntify this Easemmt by sequential immber ifPROjC t contains more than one sanitary sewer easement. (See Inslnictions for additional infonat on). SANITARY SEWER EASEMENT THIS Easement Agreement, made this loth day of MY , 2020 between Fairbourne Development 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 ) 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. GRANTOR: Fairbourne Development LLC Samuel M Joh&n - Member STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on a (date) by Samuel M Johnson (name of individual), [complete the fallowing i signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of Fairbourne Development LLC (name of entity on behalf of whom record was executed), in the following representative capacity: Member (type of authority such as officer or trustee) (stamp) f7LM=�� ENOTARY ME DANNER Not Y Signature LIC STATE OF IDAHOMy ommission Expixes: A 9--3ION NUMBER 56229ION EXPIRES 7-26.2023 Sanitary Sewer Easement REV. 01/01/2020 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 7-14-2020 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,respectively. Notary Signature My Commission Expires: 3-28-2022 Sanitary Sewer Easement REV. 01/01/2020 EXHIBIT A PERMANENT EASEMENT DESCRIPTION FOR THE CITY OF MERIDIAN, IDAHO FAIRBOURNE SUBDIVISION NO. 2 SEWER EASEMENT No. 1 An easement for sanitary sewer purposes located in the SE 1/4 of the SE 1/4 of Section 21, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monument marking the southeasterly corner of said SE 1/4 of the SE 1/4, from which a 5/8 inch diameter iron pin marking the southwesterly corner of said SE 1/4 of the SE 1/4 bears N 89°25'38" W a distance of 1307.43 feet; Thence N 42'36'50" W a distance of 827.26 feet to the POINT OF BEGINNING; Thence a distance of 15.18 feet along the arc of a 39.50 foot radius non-tangent curve left, said curve having a radius point bearing S 22*29'39" W, a central angle of 22°01'11" and a long chord bearing N 78°30'56" W a distance of 15.09 feet to a point; Thence N 89*31'32" W a distance of 4.50 feet to a point; Thence N 0'28'28" E a distance of 103.14 feet to a point; Thence a distance of 34.45 feet alongthe arc of a 948.00 foot non-tangent curve right,said curve having a radius point bearing S 11°17'48" W, a central angle of 2*04'56" and a long chord bearing S 77°39'43" E a distance of 34.45 feet to a point; Thence S 0®28'28" W a distance of 51.06 feet to a point; Thence S 17°13'24" W a distance of 50.00 feet to the POINT OF BEGINNING. This easement contains 3,072 square feet (0.071 acres) and is subject to any other easements existing or in use. Prepared by: Kyle A. Koomler, PLS NNL ANO Civil Survey Consultants, Incorporated � NSF GG June 1, 2020 � a 187 ^0 0 � 4 TFOFIOP���� A. KOO EXHIBI T B SKETCH TO ACCOMPANY EASEMENT DESCRIPTION FOR THE CI T K OF MERIDIAN L 0 CA TED IN THE SE 114 OF THE SE 114 OF SECTION 21, TOWNSHIP 4 NORTH, RANGE I WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO I I � \ 8 OI 9 hl� ,\ O SEWER u) EASEMENT FAIRBOURNE SUBDIVISION NO. 2 � NO ' (PROPOSED) q� NI O SCALE 1'=30' I 10 pl LA DS C- POINT OF �,��E N BEGINNING 18780 c' W. TALBOT ST of A . KCOJ � 2 so: 1307.43' 21 22 E 1/16 N 89 25 38'" W 28 27 BASIS OF BEARING CHINDEN BOULEVARD LINE DATA (STATE HIGHWAY 20-26) LINE BEARING DISTANCE CIVIL SURVEY CONSULTANTS,INC. [-1 N 89'31 32" W 4.50' 2893 SOUTH MERIDIAN ROAD CURVE DATA MERIDIAN, IDAHO83642 CURVE DELTA RADIUS ARC I TANGENT I CHORD I CHORD BRNC. (208)888-4312 C-1 22-0/'11" 39.50 3 � ' w age 107 4 C-2 2'04 56" 948.00 34.45 1723 3 .45 S 77.39'43" E