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Wadsworth Meridian Subdivision Sanitary Sewer Easement (2021-132714) ADA COUNTY RECORDER Phil McGrane 2021-132714 BOISE IDAHO Pgs=5 CHE FOWLER 09/08/2021 02:41 PM CITY OF MERIDIAN, IDAHO NO FEE Wadsworth Meridian Subdivision Sanitary Sewer Easement SANITARY SEWER EASEMENT THIS Easement Agreement, made this 7th day of September, 20 21 between Wadsworth Meridian,LLC ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation("Grantee'-5)-; ------- WHEREAS, the Grantor desires to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer 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 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 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. 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. Sanitary Sewer Easement REV.01/01/2020 Item#5. 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 an ear first herein above written. GRANTOR: Wadsworth Meridian,LLC u STATE OF ) ss County of AcE ) %o..t} This record was acknowledged before me on - -Z I (date) by ,a-L lur8 (name of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of Wadsworth Meridian,LLC (name of entity on behalf of whom record was executed), in the following representative capacity: (' (fib (type of authority such as officer or trustee) (stamp) o"'� D E B B I E D M 0 N R 0 E Notary Signature M$ NOTARY PUBLIC-STATE OF UTAH My Commission Expires: +pj9 COMMISSION#703325 COMM.EXP. 11-15-2022 Sanitary Sewer Easement REV. 01/01/2020 Page 174 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 9-7-2021 Attest by Chris Johnson, City Clerk 9-7-2021 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 9-7-2021 (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 3-28-2022 My Commission Expires: Sanitary Sewer Easement REV. 01/01/2020 Item#5. LEGAL DESCRIPTION THE LAND Page 1 OF 1 DW dmwiMl GROUP August 16, 2021 Project No.: 119025 EXHIBIT"A" WADSWORTH MERIDIAN SUBDIVISION SEWER EASEMENT DESCRIPTION An easement located in Government Lot 1 in the Northeast Quarter of Section 5,Township 3 North, Range 1 East, Boise Meridian, City of Meridian,Ada County, Idaho, being more particularly described as follows: Commencing at the Northeast Corner of said Section 5, (from which the North Quarter Corner of said Section 5 bears South 89°39'20"West,2656.46 feet distant); Thence South 89°39'20"West, a distance of 455.62 feet on the north line of said Section 5; Thence South 00°20'40" East, a distance of 42.13 feet to a point on the southerly right of way Line of East Ustick Road; Thence on the southerly right of way line of East Ustick Road the following courses and distances: Thence South 89°23'16" East,a distance of 17.27 feet; Thence South 86°01'47" East, a distance of 180.57 feet; Thence North 89°39'20" East, a distance of 181.46 feet; Thence South 44°30'12" East, a distance of 17.91 feet to the POINT OF BEGINNING: Thence South 44°30' 12" East, a distance of 27.91 feet on the southerly right of way line of East Ustick Road to a point common with the westerly right of way line of North Eagle Road; Thence South 01° 14'39"West, a distance of 96.75 feet on said westerly right of way; Thence leaving said westerly right of way, South 57°48' 30" West, a distance of 56.80 feet; Thence North 81°39' 57" West,a distance of 130.79 feet,- Thence North 86°09' 10" West,a distance of 169.05 feet; Thence North 03°50' 50" East, a distance of 20.00 feet; Thence South 86'09' 10" East, a distance of 169.83 feet; Thence South 81°39' 57" East, a distance of 124.19 feet; Thence North 57°48' 30" East, a distance of 38.66 feet; Thence North 01° 14'47" East, a distance of 105.45 feet to the POINT OF BEGINNING. The above described easement contains 8,914 square feet more or less. PREPARED BY: p t LA S The Land Group, Inc. P. '7880 WO 8-16-2021 James R.Washburn �q �Tf OF 0 A�R.W 462 East Shore Drive, Suite 100, Eagle. Idaho 83616 208,939,4041 thetandgroupinc.com Page 176 Item#5. — NORTH 1/4 CORNER NE CORNER SECTION 5 SECTION 5 T.3N.,RAE.,B.M. T.3N.,RAE., B.M. S.32 E. USTICK ROAD S.32 S.33 _� T.4N.R.1 E.,B.M. _ S89°39'20"W 2656.46' 1/4 S.5 2200.84' r I L2 T.3N.,R.1 E.,B.M. 455.62' ROW LINE ESTABLISHED FROM ROS#7139 S.5 SA S86°01'47"E 180.57' N89°39'20"E 181.46 q POB 0 \— ROW DEED INSTR. No.2020-116678 J W � S86°09'10"E 169._83' 14 _ 581°39'S7"E �67"97"-16=9 N81°39'S7'N�1-_ SEWER EM0 ' 30.7T 1 99 ASE II oW AREA:±8,914 SQ.FT. Line Table LINE BEARING LENGTH Li S00°20'40"E 42.13' L2 S89°23'16"E 17.27' L3 S44030'12"E 17.91' L4 S44°30'12"E 27.91' L5 S01014'39"W 96.75' L6 S57°48'30"W 56.80' A L7 NO3°50'50"E 20.00' �g� G T �� Cry L8 N57°48'30"E 38.66' 7880 2 L9 N01°14'47"E 105.45' w 8-16-2 0 21 �9�9TF OF SR. WA�r'" E Exhibit "B" 0 100' 200' NMI Horizontal Scale:1" = 100' Project No.:119025 Date of Issuance:08/16/2021 z roll THE Sewer Easement LAND Wadsworth Meridian LLC o - GROUP r �a LL J� Page 177