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Apex Offsite Sanitary Sewer Easement No. 3 (2020-138106) ADA COUNTY RECORDER Phil McGrane 2020-138106 Proiect Name(Subdivision): BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 10/15/2020 11:45 AM CITY OF MERIDIAN, IDAHO NO FEE Apex Offsite Sewer Sanitary Sewer Easement Number: 3 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 13th day of October, 202Q_between Brighton Investments 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 Item#6. 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: BRIGHTON INVESTMENTS LLC Robert L.Phillips.Authorized Signer STATE OF IDAHO ) ) ss County of Ada ) Robert L.Phillips This record was acknowledged before me on 0 J ap (date) by _ (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 Brighton Investments LLC (name of entity on behalf of whom record was executed), in the following representative capacity: Authorized Signer--(type of authority such as officer or trustee) 1 (stamp) , J E AUGHAN Notary Signature-State of Idaho My Commission Expires:mber 20181002xpires Jun 1, 2024 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 10-13-2020 (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 3-28-2022 My Commission Expires: Sanitary Sewer Easement REV.01/01/2020 Page 80 Item#6. E N G I N E E R I N G September 23,2020 Project No.:18-037 Brighton Investments,LLC Legal Description City of Meridian Sewer Easement ExhibitA A parcel of land for a sewer easement situated in a portion of Government Lot 1,Section 6,Township 2 North, Range 1 East, B.M., City of Meridian,Ada County, Idaho and being more particularly described as follows: Commencing at a found 5/8-inch rebar marking the Northwest corner of said Government Lot 1,which bears N89°42'21"W a distance of 1,320.00 feet from a found brass cap marking the Northeast corner of said Section 6,thence following the northerly line of said Government Lot 1,589°42'21"E a distance of 625.00 feet to the POINT OF BEGINNING. Thence following said northerly line,589042'21"E a distance of 25.00 feet; Thence leaving said northerly line,500°16'52"W a distance of 6.75 feet; Thence 589°42'21"E a distance of 637.75 feet; Thence S10°47'31"E a distance of 173.65 feet to the easterly line of said Government Lot 1; Thence following said easterly line,500°04'35"E a distance of 316.86 feet; Thence leaving said easterly line,N89°42'20"W a distance of 15.00 feet; Thence NOO'04'35"W a distance of 252.98 feet; Thence S89°55'25"W a distance of 48.80 feet; Thence NOO°04'35"W a distance of 20.00 feet; Thence N89°55'25"E a distance of46.64 feet; Thence N10°47'31"W a distance of 192.90 feet; Thence N89°42'21"W a distance of 617.17 feet; Thence 500°16'52"W a distance of 42.25 feet; Thence N89°43'08"W a distance of 25.00 feet; Thence NOO°16'52"E a distance of 74.00 feet to the POINT OF BEGINNING. Said parcel contains a total of 0.633 acres(27,563 square feet), more or less,and is subjectto all existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. g��ZiAL �4N a a12459 OF tti .uj.Zp7,0 k L. Sl'►L 9233 West State Street a Boise,Idaho 83714 o 208.639.6939 • ltmengiip.com Page 81 Item#6. wo3-dp8uawj r? 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C O I T7 Q, b- ——————L7——--————p0��o JNINN1J30 30 1N10d :3 ao -- — ---�L-- O ,00'OL9 — ,00'9Z9 ,00'9Z -------- ----------- -,00'OZ£L 3.LZ,Z*.68S------------------------------------ z cu z ON12i 8 30 SISdB 9 N01103S =r, ' r+ TV IMH 9M '3 L 10`3 1N3V4N83AO0 O N01103S 213N800 1S3MH12lON z9� m rn 83NNOO 1SUHla0N lN3V43ON3V VVOO 30 1NIOd TSZLTbT€TTS:NdV m a T;�] Item#6. I 637.75 s89°42'21"e o h n89°42'21"w n o-° 617.17 o - C O J O W U � O¢ n N i :n W o E i6.61 CjW557re 4&90 N O pO y A /T CT to N 00 yi W Ni F 6 Title: 200922 City of Meridian Sewer Easement Brighton Investments Date:09-22-2020 Scale: 1 inch= 100 feet File: Tract 1: 0.633 Acres: 27563 Sq Feet:Closure=n23.1020e 0.01 Feet: Precision=1/291144: Perimeter=2495 Feet 001=s89.422Ie 25.00 007=n00.0435w 252.98 013=s00.1652w 42.25 002=s00.1652w 6.75 008=s89.5525w 48.80 014 n89.4308w 25.00 003=s89.422 I e 637.75 009=n00.0435w 20.00 015=n00.1652e 74.00 004=s10.4731e 173.65 010=n89.5525e 46.64 005=s00.0435e 316.86 011=00.4731w 192.90 006=n89.4220w 15.00 012=n89.4221 w 617.17 Page 83