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Hensley Station No. 1 Sanitary Sewer and Water Main Easement No. 1 (2021-018124) ADA COUNTY RECORDER Phil McGrane 2021-018124 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 02/03/2021 09:20 AM CITY OF MERIDIAN, IDAHO NO FEE Protect Nante(Subdivision}: Hensley Station No 1 Sanitary Server&Water Nfain Easement Number: #1 Identify this Easement by sequential number if Project contains more than one easement of this type. (See Instructions for additional information). SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made this 2ndday of February 20 21 between NORTHERN LAND HOLDINGS LLC ("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.01/01/2020 Item#3. 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 %vould 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 it part thereof, shall cease and become Mull 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 aforenientioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will wan•ant 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 pail have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: 14 ^1 a- �muiu flCp�7NfRt'� C.✓f M� l�n /�v�S l.l�C _. STATE OF IDAHO ) ) ss County of Ada ) r This record was acknowledged before me on :1 (d11e) by al t r (name of individual), [comj)lete the folio►►i'lig if signing ill a m1n,esentcative capacity, or solke the follo►►•ing if signing ill an individual cal) acity] on behalf of (APPAbLPjtXS L.L4(name of entity on behalf of whom record was cxccuted), in the following representative capacity:__ mermt~1r 9— (type of authority such as officer or trustee) 9EXTIOROWN COMMISSION#32341 NOTARY PUBLIC STATE OF ICAHO Notary Signature MY COMMISSION EXPIRES 07/=023 My CanitntSSLQt1 Expires: �sol. Gad Sanitary Serer and Water Main Easement REV.0 1/0 1/2020 Page 82 Item#3. GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 2-2-2021 Attest by Chris Johnson, City Clerk 2-2-2021 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 2-2-2021 (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 My Commission Expires: 3-28-2022 Sanitary Sewer and Water Main Easement REV.01/01/2020 Page 83 Legal Description. City of Meridian Sanitary Sewer and Water Easements Hensley Station Subdivision No. I Easements located in the SW'/4 of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: EASEMENT A 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 0°38'57" E a distance of 2653.05 feet; Thence N 0°38'57" E along the westerly boundary of said SW'/4 a distance of 1087.83 feet to a point; Thence leaving said westerly boundary S 89015'44" E a distance of 48.00 feet to a point on the easterly right-of-way of N. Black Cat Road; Thence along said easterly right-of-way N 0°38'57" E a distance of 410.60 feet to a point; Thence leaving said easterly right-of-way S 89°21'03" E a distance of 195.03 feet to the POINT OF BEGINNING; Thence N 1°34'23" E a distance of 23.00 feet to a point; Thence S 88025'50" E a distance of 19.11 feet to a point,- Thence S 1034'10" W a distance of 23.00 feet to a point; Thence N 88025'50" W a distance of 19.11 feet to the POINT OF BEGINNING. This easement contains 440 square feet (0.010 acres) more or less and is subject to any other easements existing or in use. EASEMENT B 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 0°38'57" E a distance of 2653.05 feet; Thence N 0038'57" E along the westerly boundary of said SW %4 a distance of 1087.83 feet to a point; Thence leaving said westerly boundary S 89015'44" E a distance of 394.68 feet to a point on the northerly right-of-way of W. Aviator Street; Thence leaving said northerly right-of-way N 0044'16" E a distance of 159.05 feet to the POINT OF BEGINNING; Thence N 0°36'41" E a distance of 12.10 feet to a point; La,iil��olut ons �� Land Surveying and Consulting Item#3. Thence S 89023'19" E a distance of 9.00 feet to a point; Thence S 0036'41" W a distance of 12.10 feet to a point; Thence N 89'23'19" W a distance of 9.00 feet to the POINT OF BEGINNING. This easement contains 109 square feet (0.003 acres) more or less and is subject to any other easements existing or in use. Clinton W. Hansen, PLS PL LA No s Land Solutions, PC CO \S T F p April 23, 2020 �� F _ 111118 ox �j 9TF OF 'LT0 N W NPR L�n,d. 011itio s Qom__land Surveying and Consulting Item#3. CITY OF MERIDIAN SANITARY SEWER & WATER EASEMENTS 1/4 HENSLEY STATION SUBDIVISION NO. 1 9 10 LOCATED IN THE SW 1/4 OF SECTION 10, T3N, R1 W, B.M. W. PINE AVE. CITY OF MERIDIAN, ADA COUNTY, IDAHO S88'25'50"E N1'34'23"E c-19.11' __LLi_L23.00' S1'34'10"W ..............................S89'21..03..E..195.03'.................. J 23.00' N88'25'50"W i POINT OF BEGINNING 19.11' - EASEMENT A d 440 SF- alU 41 U — — JI — — m ZI 0 L I� CD o,� `° S Ln co — ( Q _ _ S89°23'19"E 00 9.00 m ,; o NO'36'41"E SO°36'41"W -co Z - - — 12.10' 12.10' Z I POINT OF BEGINNING N89'23'19"W m EASEMENT B 9.00 _ 1.09 SF o LO L. i N89*15'44"W I ' 48.00 N89'15'44"W 394.68' W. AVIATOR ST. co°O 0' 35' 70' 140' oo�PL LA/ye s 9 10 a 8 � VA Lan futi"Ons 1s 15 W. FRANKUN RD. �, `�� ��Z3���o = t!of \�P 5� Land Surveying and Consulting A 231 E.5TH ST.,STE.A Tpe W NP� MERIDIAN,ID 83642 Y (208)28&2040 (208)288-2557 fax www.landsolutions.biz JOB Page 86