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Delano Subdivision No. 1 Sanitary Sewer & Water Easement No. 1 (2021-092323) ADA COUNTY RECORDER Phil McGrane 2021-092323 BOISE IDAHO Pgs=5 CHE FOWLER 06/15/2021 03:43 PM CITY OF MERIDIAN, IDAHO NO FEE Project Name(Subdivision): Delano Subdivision No. 1 Sanitary Server&water Main 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 thisl5th day of June 2p 2I between Challenger Development Inc. ("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 Page 83 I I 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 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: Challenger Developme c Corey Barton,Presid t n STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me, on 3&&� �.3�Z� (date) by (name of individual), [complete the following if signing in a represent ative capacity, or strike the following if signing in an individual capacity] on behalf of L�(w Itr,�earn�n(aa�+w.F?+� (name of entity on behalf of whom record was executed), in the representative capacity:— 40-residt', (type of auth ody �1 0f41�1Accer or trustee) �DO t pFs ..... SAC � ° M1'CCMMfSSfON EXPIRES 2022 — Notary Signature 1 My Commission Expires; —� Sanitary Sewer and%w1N1 o ement REV.01/01/2020 Page 85 Item#4. i i i GRANTEE: CITY OF MERIDIAN I Robert E. Simison,Mayor 6-15-2021 I Attest by Chris Johnson, City Clerk 6-15-2021 i STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 6-15-2021 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,respectively. j I i I Notary Signature ; My Commission Expires: 3-28-2022 I i Sanitary Sewer and Water Main Easement REV.O1/O1/2020 Pa e 85 Item#3. Sawtooth Land Surveying, LLC 2030 S. Washington Ave. 1 044 Northwest Blvd., Ste. G 14 1 1"Avenue East 51J, Z_0 7 f� Emmett, ID 83G 17 Coeur d'Alene, ID 838 14 Jerome, ID 83338 -' F: (208) 398-8104 F: (208) 714-4544 F: (206) 329-5303 F: (208) 398-8105 F: (208) 292-4453 F: (208) 324-382 I Sewer/Water No. 1 Legal Description BASIS OF BEARING for this description is North 00001'00"West, from a brass cap marking the southeast corner of Section 32 and the brass cap marking the E1/4 Corner of Section 32, both in T. 4 N., R. 1 E., B.M., Ada County, Idaho. An easement being located in the N1/2 of the SE1/4 of Section 32, T. 4 N., R. 1 E., B.M., Ada County, Idaho, more particularly described as follows; COMMENCING at a brass cap marking the E1/4 Corner of said Section 32; Thence South 89039'12"West, coincident with the north line of said SE1/4 of Section 32, a distance of 1267.42 feet to the POINT OF BEGINNING; Thence South 00018'00"East, 100.40 feet; Thence South 89042'00"West, 50.00 feet; Thence North 00018'00"West, 100.36 feet to said north line; Thence North 89039'12" East, coincident with said north line, 50.00 feet to the POINT OF BEGINNING. Said easement contains 5,019 square feet and/or 0.115 acres, more or less. 0 10EI a 11574 2 0112I or BEAD P:\2018\18094-DELANO SUBDIVISION-CMG\Survey\Drawings\Descriptions\18094-sewer water no.1 Legal.docx Page 87 Item#3. to � q j t o ZEBULON HEIGHTS SUBDIVISION NO. 2 q BK 99, PG 12773 t \ 50.00' � i 89°3�9'12"E S 89039'12"W 1267.42' Z 241.22' - --- -1026.20' --- -- --_32 33 0 o POINT OF BEGINNING E 114 CORNER cc ' 5,019 Sq.Ftl JASMINE ACRES SECTION 32 � . CP&F109103130 � CO; , W 0.115Ac.f I LOT 1, BLOCK 1 ' o BK 59, PG 5829 o� 00 Lo o °o c ; Nw S 89042'00"W o 0 50.00' AL � 4 O 11574 SE CORNER SEC 32 T. 4 N., R 1 E., 8.M. `I9/�) CP&F 113077610 32 33 d£�FOF ID E. USTICK ROAD 5 4 BEA��- PROJECT: OWNEWDEVELOPER: D I 8 DWG# DEL4NO SUBDIVISION NO. 1 2030 S. WASHI 36 7 18094 EX CONGER GROUP EMMETT, D 361 SEWER/WATER NO. 1 EXHIBIT P: (208)398-8104 PROJECT# NTS MERIDIAN,IDAHO � ��OOr F. (208)398-8105 16094 flSHEET DATE. 512021 La�sSun�eyin�LLG WWW.SAWT-OOTHLS.COM 1 '� Page 88