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Delano Subdivision No. 1 Sanitary Sewer and Water Main Easement No. 2. (2021-092324) ADA COUNTY RECORDER Phil McGrane 2021-092324 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 Sewer&Water Main Easement Number: 2 SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made this 15th day of June 2021 between C4 Lease 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#4. 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: C4 Lease LLC Jim Conger,M ber STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on (date) by c.w� (name of individual), [complete the fol wing if signing in a 10 representati e ca acity, or ike the following if signing in an individual capacity] on behalf of (name of entity on behalf of whom record was executed), in the following representative capacity: MAM.Qf A (type of authority such as officer or trustee) • 14 Sn p Notary Signature 0�o3�UBLIC My Commission Expires: �'•$•oZQpZCP �. •. No. OF I'D Sanitary Sewer and Water Main Easement REV.01/01/2020 Page 91 Item#5. GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 6-15-2021 Attest by Chris Johnson, City Clerk 6-15-2021 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. Notary Signature My Commission Expires: 3-28-2022 Page 91 Sanitary Sewer and Water Main Easement REV.01/01/2020 Item#4. Sawtooth Land Surveying, LLC 2030 S. Washington Ave. 1 044 Northwest Blvd., Ste. G 14 1 1` Avenue East Emmett, ID 83G 17 Coeur d'Alene, ID 8381 4 Jerome, ID 83338 / P: (208) 398-8 104 P: (208) 7 1 4-4544 1'- (208) 329-5303 Z-u F: (208) 398-81 05 F: (208) 292-4453 F. (205) 324-382 1 Sewer/Water No. 2 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 1026.20 feet; Thence South 00020'48" East, 346.83 feet; Thence North 89042'00" East, 63.10 feet; Thence South 00018'00" East, 8.50 feet to the POINT OF BEGINNING; Thence North 89042'00" East, 31.00 feet; Thence South 00018'00" East, 30.00 feet; Thence South 89042'00"West, 31.00 feet; Thence North 00018'00"West, 30.00 feet to the POINT OF BEGINNING. Said easement contains 930 square feet and/or 0.021 acres, more or less. L �E 11574 �FF BEAO� PA2018\18094-DELANO SUBDIVISION-CMG\Survey\Drawings\Descriptions\18094-sewer water no.2 Legal.docx — I � Page 93 Item#4. ZEBULON HEIGHTS SUBDIVISION NO. 2 BK 99, PG 12773 S 89039'12"W 1026.20' 32 33 E 114 CORNER SECTION 32 CP&F109103130 JASMINE ACRES a, Z LOT 1, BLOCK 1 LINE TABLE r BK 59, PG 5829 LINE I BEARING DISTANCE N 0 L1 S 0001$00"E 8.50' p L2 N 89042 00"E 31.00' 3 cn L3 S 00°18 00"E 30.00' 63.10' L4 S 89042'00"W 131.00' N 89042'00"E L5 N 00018'00"W 30.00' w o L2 z o z POINT OF BEGINNING j�[ m 930 Sq.Ft/ ' _ JASMINE ACRES 0.021 Ac.f L4 LOT 3, BLOCK 1 BK 59, PG 5829 SE CORNER SEC 32 CP&F113077810 32 33 15 4 0 E. USTICK ROAD 5 4 T. 4 N., R 1 E., 8.M. s1 j I �IgTF 0r pp'� BEA�� 1 N PROJECT: OWNERIDEVELOPER: 2030 S. WASHINGTON AVE. DWG# DELANO SUBDIVISION NO. 1 EMMETT, ID 83617 18094-Ex SEWER/WATER NO. 2 EXHIBIT CONGER GROUP P. (208)398-8104 PROJECT# NTS MERIDIAN, IDAHO F. (208)398-8105 18094 j DATE: 512021 WWW SAWTOOTHLS.COM Page 94