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Hensley Station No. 2 Sanitary Sewer Easement No. 2 ESMT-2021-0098 (2021-138671) ADA COUNTY RECORDER Phil McGrane 2021-138671 BOISE IDAHO Pgs=5 CHE FOWLER 09/22/2021 08:17 AM CITY OF MERIDIAN, IDAHO NO FEE Hensley Station No. 2 Sanitary Sewer Easement No. 2 ESMT-2021-0098 SANITARY SEWER EASEMENT THIS Easement Agreement, made this 21 st day of Se ptember20 21 between Hensley Properties LLC ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation("Grantee"); 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#4. 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: 441do S L- STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on (date) by ort gh --4. (name of individual), [complete the following i si ning in a representative capacity, or strike the following if signing in an individual capacity] on behalf of luc- (name of entity on behalf of whom record was executed), in the following representative capacity: AXf,r i, _ (type of authority such as officer or trustee) (stamp) Notary Signature KENO BROWN My Commission Expires: a COMMISSION 482841 NOTARY PUBLIC STATE OF IDAHO [WMIMMEKPIM07MMI Sanitary Sewer Easement REV. 01/01/2020 Page 73 GRANTEE: CITY OF MERIDIAN Rgbqt . Simiso , yo [,zlF csl ILIA N SEAT. Attest by Ch Johnson, s r 'r.l f.9-21-2021 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 9-21-2021 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,respectively. ARLENE WAY Notary Signature COMMISSION#67390 My Commission Expires: 3-28-2022 (VOTARY PUBLIC STATE OF IDAHO PAY c6mmisS[t711 Fxpms v2s= Sanitary Sewer Easement REV. 01/01/2020 Item#4. Legal Description City of Meridian Sanitary Sewer Easement Hensley Station Subdivision No. 2 An easement being located in the SW % of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho and more particularly described as follows: Commencing at a Brass Cap monument marking the northwest corner of said Section 10, from which an Aluminum Cap monument marking the southwest corner of said SW % of Section 10 bears S 0°38'57" W a distance of 2653.05 feet; Thence S 0°38'57" W along the westerly boundary of said SW % a distance of 1031.27 feet to a point; Thence leaving said westerly boundary S 88°25'50" E a distance of 495.25 feet to point; Thence S 0°36'41" W a distance of 103.95 feet to the POINT OF BEGINNING; Thence continuing S 0°36'41" W a distance of 20.00 feet to a point; Thence N 89'23'19" W a distance of 84.18 feet to a point on a curve on the easterly boundary of an existing City of Meridian Sewer and Water, Public Utility and Cross Access Easement; Thence along said easement boundary a distance of 23.07 feet along the arc of a 57.00 foot radius non-tangent curve left, said curve having a central angle of 23'11'32" and a long chord bearing N 28*36'21" W a distance of 22.92 feet to a point; Thence leaving said existing easement boundary S 89'23'19" E a distance of 95.36 feet to the POINT OF BEGINNING. This easement contains 1,778 square feet (0.041 acres) and is subject to any other easements existing or in use. opt LA NOS Clinton W. Hansen, PLS 5` r�R Land Solutions, PC Revised: January 15, 2021 a 1 118 of 151 Z = <�y9TF o V TON W NA Meridian Sewer Easement Hensley Station Subdivision No.2 land sumwng and Consutgng Job No. 19-57 Page 1 of 1 Page 75 Item#4. CITY OF MERIDIAN SANITARY SEWER EASEMENT HENSLEY STATION SUBDIVISION NO. 2 LOCATED IN THE SW 114 OF SECTION 10, T3N, R1W, B.M. CITY OF MERIDIAN, ADA COUNTY, IDAHO 1/4 9 10 W. PINE AVE, CURVE TABLE CURVE # LENGTH RADIUS DELTA BEARING CHORD N C1 23.07' 57,00' 23'11'32" N28'36'21"W 22.92' to S88'25'50"E 495.25' I c I� I I Lo i¢ C3 U t-i o II in LOco U cr Lj a`c � pS�p N�NS� Np• 2 pRpP ga1�I51ON o EXISTING CITY OF MERIDIAN SEWER a '0 _ __ I __ I U' b Mom j - j------ -— _,AND WATER, PUBLIC UTILITY AND CROSS ACCESS EASEMENTNT _ m � S89'23'19"E POINT OF BEGINNING r- CINI 95.36' T l� 1,778 SF I o 0.041 ACRES I 0 o -------------------- [V __ _ -- O N89'23'19"W 84.18' l � 51 II � � I I I \o�p,L LA N,0`SG s 10 %STF ,p W. FRANKUN RD. 16 15 11118 ; 0. 01 jIs121�� 2 �jyT� 0 F P��� N W. 0' 20' 40' 80' LanjLand ®futions urveying and Consulting 231 E,5TH ST..STE.A MERIDIAN.ID 83642 (208}288-2040 (208)288-2557 fax www.landsoluGons.b2 JCB Page 76