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Hensley Station Subdivision No. 2 Sanitary Sewer and Water Main Easement (2020-165696) ADA COUNTY RECORDER Phil McGrane 2020-165696 BOISE IDAHO Pgs=5 KRISTINA LOWRY 12/02/2020 02:14 PM CITY OF MERIDIAN, IDAHO NO FEE t',roieet iName 1Subdivision ENSLY STATION NO 2 #1 Sanitary,Sewer&Water Main t,asement Ntunber Idetsti ry this Easement by sequential number if Project contains more than one easement of this type, (See Instructions for additional information). t: THIS Easement Agreement, made this 1st day of December 2 — between Hensley Properties, LLC. 4"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 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 and water mains 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 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, 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. Sanitary Sewer and water Main Easement REV.0 1/0 1/2020 Page 72 Item#5. 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. 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: -UA4j4c, Al�/ STATE OF IDAHO ) ) ss County of Ada ) This record was a knowledged before me on Q Pf (date) by , OX6ell S. & (name of individual), [complete the fiollovi ing ij .signing in a representative capacity, or strike the fnlloi44ng if.signing in an individual capacity] on behalf of 5 (name ❑f entity on behalf of w m record was executed), in the Fo lowing representative capacity:a 0 - ezP (type of authority such as officer or trustee) DOMMUIT #3655 NOTARY PUBLIC STATE OF IDAHO Notary Sig a cc [MY COMMISSION EXPIRES 02tie/12025 My Commission Expires: .,? — Sanitary Sewer and Water Main Easement REV.01/01/2020 Page 73 Item#5. 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 12-1-2020 (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 and Water Main Easement REV.01/01/2020 Page 74 Item#5. EXHIBIT A Legal Description Hensley Station Subdivision No. 2 City of Meridian Sanitary Sewer and Water Easement An easement located in the SW '/4 of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at an Aluminum Cap monument marking the southwest corner of said Section 10, from which a Brass Cap monument marking the northwest corner of said SW '/4 of Section 10 bears N 0038'57" E a distance of 2653.05 feet; Thence N 0°38'57" E along the westerly boundary of said SW% a distance of 1087.83 feet to a point; Thence leaving said westerly boundary S 89°15'44" E a distance of 375.69 feet to a point on the northerly right-of-way of W. Aviator Street; Thence leaving said right-of-way N 0044'16" E a distance of 156.11 feet to the POINT OF BEGINNING; Thence N 0°36'41" E a distance of 229.18 feet to a point of curvature; Thence a distance of 29.53 feet along the arc of a 19.00 foot radius curve left, said curve having a central angle of 89°02'31" and a long chord bearing N 43054'34" W a distance of 26.64 feet to a point of tangency; Thence N 88°25'50" W a distance of 114.15 feet to a point; Thence N 1°34'23" E a distance of 38.00 feet to a point; Thence S 88°25'50" E a distance of 114.15 feet to a point of curvature; Thence a distance of 88.58 feet along the arc of a 57.00 foot radius curve right, said curve having a central angle of 89002'31" and a long chord bearing S 43054'34" E a distance of 79.93 feet to a point of tangency; Thence S 0°36'41" W a distance of 226.28 feet to a point; Thence N 89'23'19" W a distance of 21.50 feet to a point; Thence S 0036'41" W a distance of 2.90 feet to a point; Thence N 89023'19" W a distance of 16.50 feet to the POINT OF BEGINNING. NPL LANZS This easement contains 15,228 square feet (0.350 acres) more or T F less and is subject to any other easements existing or in use. 11118 X I I I v�lio Clinton W. Hansen, PLS y P Land Solutions, PC November 6, 2020 TON W NPR Hensley Station Subdivision No.2 Land Surveying and Consulting Meridain Sewer&Water Easement Job No. 1 Page 1 Page 75 Item#5. CITY OF MERIDIAN SANITARY SEWER & WATER EASEMENT 1/4�� HENSLEY STATION SUBDIVISION NO. 2 s W. PINE AVE. LOCATED IN THE SW 1/4 OF SECTION 10, T3N, R1W, B.M. CITY OF MERIDIAN, ADA COUNTY, IDAHO w S88'25'50"E 114.15' _PROP_OSED_EASEMENT \ �--N88'25'50"W 114.15'c Q PREP S, I N m _ I I'0 � N IN I N I N S,Lo i N NS 1 U-) —NE S�gO. � o cn CD - - CD z I I I o !� N Z POINT OF BEGINNING 21.50'319 W m N89'23'19"W - I 7LI -77 T-T 1 --1 i - - cD: o LN cn i CURVE TABLE w CURVE # LENGTH RADIUS DELTA BEARING CHORD C1 29.53' 19.00' 89°02'31" N43°54'34"W 26.64' o: C2 88.58' 57.00' 89°02'31" S43°54'34"E 79.93' Z S89'15'44"E 375.69' �— oO W. AVIATOR ST. 0' 35' 70' 140' o \�NPL LA NpS 9 10 a 11118 I U tl 0 n S 16 15 W MANKUN RD. o ��7i rF o F ��P 5� Land Surveying and Consulting A� 231 E.5TH ST.,STE.A TOn �• Nf MERIDIAN,ID 83642 • (208)288-2040 (208)288-2557 fax www.Iandsolutions.biz JOB Page 76