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Fairbourne Subdivision No. 1 Sanitary Sewer Easement No. 2 (2020-091673) Proieei&Name Subdi islon . ADA COUNTY RECORDER Phil McGrane 2020-091673 Fairbourne Subdivision No 1 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 07/22/2020 01:12 PM CITY OF MERIDIAN, IDAHO NO FEE Sanitary,Sewer senienf Number Identify this Easement by sequential number if Project contains more than one sanitary sewer easement. (See Instructions for additional information). SANITARYA THIS Easement Agreement, made this 20th day of MY , 20 20 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 Meridian City Council Meeting Agenda July 21,2020— Page 150 of 590 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�LLCC Samuel M Joh OpIn - Member STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on 1jurg Z0 (date) by Samuel M Johnson (name of individual), [complete the following if 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) Q -)2,� 'V tary `ignature JAYME DANNER My Commission Expires: erR NOTARY PUBLIC-STATE OF IDAHO COMMISSION NUMBER 58229 MY COMMISSION EXPIRES 7-26.2023 Sanitary Sewer Easement REV. 01/01/2020 Meridian City Council Meeting Agenda July 21,2020— Page 151 of 590 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 7-21-2020 (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 July 21,2020— Page 152 of 590 EXHIBIT A PERMANENT EASEMENT DESCRIPTION FOR THE CITY OF MERIDIAN, IDAHO FAIRBOURNE SUBDIVISION NO. 1 SEWER EASEMENT No. 2 An easement for sanitary sewer purposes located in the E 1/2 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 E 1/2 of the SE 1/4, from which a 5/8 inch diameter iron pin marking the southwesterly corner of said E 1/2 of the SE 1/4 bears N 89'25'38" W a distance of 1307.43 feet; Thence N 16'59'20" W a distance of 1913.49 feet to the POINT OF BEGINNING; Thence N 32055'16" W a distance of 167.03 feet to a point; Thence a distance of 20.14 feet along the arc of a 1380.00 foot non-tangent curve right, said curve having a radius point bearing S 26'39'49" E, a central angle of 0*50'10" and a long chord bearing N 63'45'16" E a distance of 20.14 feet to a point; Thence S 32055'16" E a distance of 161.89 feet to a point; Thence a distance of 20.29 feet along the arc of a 61.50 foot non-tangent curve left, said curve having a radius point bearing S 31'27'20" E, a central angle of 18*54'03" and a long chord bearing S 49'05'39" W a distance of 20.20 feet to the POINT OF BEGINNING. This easement contains 3,278 square feet (0.075 acres) and is subject to any other easements existing or in use. Prepared by: Kyle A. Koomler, PLS AN Civil Survey Consultants, Incorporated ��C Ns o G June 1, 2020 cc 187 0 a �0 � 4 tE OF 0P���i� A. KOO Meridian City Council Meeting Agenda July 21,2020— Page 153 of 590 EXHIBI T B SKETCH TO ACCOMPANY EASEMENT DESCRIPTION FOR THE CITY OF MERIDIAN LOCATED IN THE E 112 OF THE SE 114 OF SECTION 21, TOWNSHIP 4 NORTH, RANGE I WEST BOISE MERIDIAN, ADA COUNTY, IDAHO ' I vv OAKFORD I - � I 16 SCALE. 1"=30" tr, Z 4 I W\ I BLOCK 4 \ IFAIRBOURNE SUBDIVISION NO. 1 \ \ (PROPOSED) \ \ I � POINT OF BEGINNING 3 N1. LA 0 1878 \� W N N. EL MSTONE OF �aP �� I \ PLACE I F A . KID() CIVIL SURVEY CONSULTANTS,INC. I 2893 SOUTH MERIDIAN ROAD MERIDIAN, IDAHO 83642 (208)888-4312 1307.43' 21 22 E 1/16 N 89°25 38" W 28 27 CURVE DATA CURVE DELTA RADIUS ARC TANGENT I CHORD CHORD BRNC. C-1 0'50'10" 1380.00 1 City CWRdl 64eetinq M4Ad I.N, Page 154 of 590 C-2 18'54"03"" 61.50 1 20.29 1 10.24 2 .20 49'05 39" W