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Sky Mesa Subdivison No. 4 Sanitary Sewer and Water Main Easement (2021-035267) ADA COUNTY RECORDER Phil McGrane 2021-035267 BOISE IDAHO Pgs=5 KRISTINA LOWRY 03/04/2021 01:18 PM CITY OF MERIDIAN, IDAHO NO FEE Proiect Name(Subdivision): Sky Mesa Subdivision No. 4 Sanitary Sewer&Water Main Easement Number: 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 2nd day of March , 2021, between Sky Mesa East, 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. Sky Mesa 4 Sanitary Sewer and Water Main Easement REV.01/01/2020 i t 3 1 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 at.y public street, then, to such extent, such right-of way and easement hereby granted which lies within such boundary thereof or which js 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 SKY MESA EAST,LLC 7 Ja s H.Hunter, Manager STATE OF IDAHO ) ss County of Ada ) This record was acknowledged before me on Z' ,2021,by James H. Hunter on behalf of Sky Mesa East, LLC, in,the following representative capacity: Manager. KAI"IA SCHOFIELD COMMISSION#40616 NU`(b�l�i�j1EIL1C STXrE OF IDAHtJ My GQMMISSION EXPIRES 0 9/02/2 02 1 Notary Signature q My Commission Expires: Sky Mesa 4 Sanitary Sewer and Water Main Easement REV.01/01/2020 Item#5. GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 3-2-2021 Attest by Chris Johnson, City Clerk 3-2-2021 STATE OF IDAHO ) . ss. County of Ada ) This record was acknowledged before me on 3-2-2021 (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 Sky Mesa 4 Sanitary Sewer and Water Main Easement REV.0 1/0 1/2020 Page 72 Item#5. EXHIBIT A Legal Description City of Meridian Sewer and Water Main Easement Sky Mesa Subdivision No. 4 An easement located in the NE '/4of Section 32, T.3N., R.1E., B.M., City of Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at an Aluminum Cap monument marking the SE corner of said NE '/4, from which an Aluminum Cap monument marking the NE corner of said NE '/4 bears North On13'21" East a distance of 2677.54 feet; Thence North 51°43'54" West a distance of 271.01 feet to the POINT OF BEGINNING; Thence a distance of 45.80 feet along the arc of a 71.00 foot radius non-tangent curve left, said curve having a central angle of 36°57'40"and a long chord bearing North 39n55'26"West a distance of 45.01 feet to a point; Thence North 0011'16" East a distance of 125.31 feet to a point; Thence South 89039'36" East a distance of 29.00 feet to a point; Thence South 0°11'16"West a distance of 159.66 feet to the POINT OF BEGINNING. Said easement contains 4,022 square feet more or less and is subject to LA Np S any other easements existing or in use. �G T F F G 0 Clinton W. Hansen, PLS a 11118 X Land Solutions, PC N p2.(co(2c'zo, February 8, 2021 9T �P �, OF � �� TONW . V\ Sky Mesa 4 Sewer and Water Easements ��� � � Job No. 20-29 . Land sunieying and Consulting Page 1 of 1 Page 73 ,/tTeM45. EXHIBIT B ITY OF MERIDIAN SEWER AND WATER MAIN EASEMENT - EXHIBIT SKY MESA SUBDIVISION NO. 4 29 N89-4 34 3W 2656.26' 29 28 114 32 E. AMITY RD. 32 33 I S89'39'36"E 29.00' U� w c^o z 16 N CO W m Z POINT OF M o BEGINNING I Z N c� EASEMENT m O -7 ;..32 33 f Tgco /v/--IF �R ��SP OQO`' _ w L Li 1, n CURVE TABLE N I3 CURVE LENGTH RADIUS DELTA BEARING CHORD ( co C1 4 5.0' 8 71.00' 1 36.5 -)0" 4 N39'5 5'°W2 45.01 / 0 IN 32 33 E. LAKE HAZEL RD. 5 4 ONP`LA ND S aN111 800 jLand OF0' 90' 180' 360Lan futions ON W.NP urveying and Consulting 231 E.5TH ST STE.A MERIDIAN.ID 83642 (208)288-2040 (208)28$2557 fax www.Iandsolutions.biz SOB <0 20-25 Page 74