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Apex Offsite Sanitary Sewer Easement No. 4 (2020-138108) ADA COUNTY RECORDER Phil McGrane 2020-138108 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 10/15/2020 11:46 AM Proiect Name(Subdivision): CITY OF MERIDIAN, IDAHO NO FEE Apex Offsite Sewer Sanitary Sewer Easement Number: 4 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, 20 20 between SCS Investments Lt_C ("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#7. 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. GRANT R: SCS INVESTMENTS LLC i e A. a i, PresideM STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on & date) by Michael A.Hall (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 scs Envestm %LLc (name of entity on behalf of whom record was executed), in the following representative capacity: Presleent (type of authority such as officer or trustee) sWORIL AIAINE — COMMISSION#63192 NOTARY PUBLIG No Signature STATE OF IDAHO My Commission Expires: Sanitary Sewer Easement REV.01/01/2020 Page 86 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 My Commission Expires: 3-28-2022 Sanitary Sewer Easement REV.01/01/2020 Page 87 Item#7. km E N G I N E E R I N G September 23,2020 Project No.:18-037 SCS Investments, LLC Legal Description City of Meridian Sewer Easement Exhibit A A parcel of land for a sewer easement situated in a portion of Government Lot 4,Section 5,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 brass cap marking the Northwest corner of said Section 5,which bears N00°04'35"W a distance of 2,671.16 feet from a found brass cap marking the West 1/4 corner of said Section 5,thence following the westerly line of said Government Lot 4,S00°04'35"E a distance of 177.16 feet to the POINT OF BEGINNING. Thence S10°47'31"E a distance of 53.78 feet; Thence S00°04'35"E a distance of 421.37 feet; Thence N89053'42"E a distance of 247.50 feet; Thence S00006'18"E a distance of 20.17 feet; Thence S44°54'05"W a distance of 47.87 feet; Thence S89°5428"W a distance of 20.29 feet; Thence N42°19'19"W a distance of 39.17 feet; Thence S89°53'42"W a distance of 177.04 feet to the westerly line of said Government Lot 4; Thence following said westerly line, N00'04'35"W a distance of 499.22 feet to the POINT OF BEGINNING. Said parcel contains a total of 0.282 acres(12,294 square feet), more or less,and is subject to 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. a124590 two Ole % 9233 West State Street a Boise,Idaho 83714 0 208.639.6939 a kmengllp.com Page 88 Item#7. BALLARDNKMENGINEERING\KM GENERAL-REMOTE WORKIPROJEM18-037�CAD\SURVEY\EXHIBIT5\18-037 PHASE 5 SEWER EASEMENT SCS INVESTMENTS S1405223000.DWG,AARONBALLARD,9/23/2020,KYOCERATASKALFA45SDCIKX.PC3,-- v v m 2 0 > Z T =mw oW El M, � r,-v!l Z °°S-4 ^' L� a �� A APN: S1406110110 APN:51406110015 M S o Z S. Locust Grave Rd. BASIS OF BEARING ,.-----—----------- --------------------------------------500'04'35"E 2671.16'------------------------------W-------- ' 1994.78' 499.22' a I —————` S00'04'35"E 421.37' ¢ ———� P r Ln -^c 00�Z r O , I00 z o W — z 4 r�o 5� V I� 'A a —I v Z n O Iw Icn oa 0 moo N c� n z� �: IN I`"- W �+ � z O0 [sI rl� IN r,i zm0 0' j °, i I�, Ln z Ln�� fD 1 IN c�i� 4z7 OK r- CU x I o ��, '°M r I M ,=f CL n' ( gW E y O rt � �N q n � `c a � oo � oa :� n V (JI j Cy � N - COTE v0 O Z = Os �v I rm ti ry rn v CD00 w icD 0 Page 89 Item#7. R a o � A N N N id J 247.50 n89°53'42"e s89°53'42"w 177.04 0 6 *^S Title: 200922 City of Meridian Sewer Easement SCS Investments LLC 1 Date:09-23-2020 Scale: 1 inch= 100 feet File: Tract 1: 0.282 Acres: 12294 Sq Feet:Closure=s80.5907w 0.01 Feet: Precision=1/165118: Perimeter=1526 Feet 001=s10.4731e 53.78 005=s44.5405w 47.87 009=-n00.0435w 499.22 002=s00.0435e 421.37 006=s89.5428w 20.29 003=n89.5342e 247.50 007=n42.1919w 39.17 004=s00.0618e 20.17 008=s89.5342w 177.04 Page 90