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Shelburne South No. 1 and No. 2 Sanitary Sewer Easement No. 1 ESMT-2022-0121 (2022-018610) ADA COUNTY RECORDER Phil McGrane 2022-018610 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 02/23/2022 08:51 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0121 Shelburne South No. I and No. 2 Sanitary Sewer Easement No. I SANITARY SEWER EASEMENT THIS Easement Agreement, made this 22 February 20 22 between SHELBURNE PROPEMES LLC dayof b ("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 EXH113ITS 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 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- STATE OF }� ) ss County of 4w- ) l�la+��Lc�c►.. This record was acknowledged before the on 20q (date) by �gnO�PS S : C OI✓K (name of individual), [complete the following ifs in a representative capacity, or strike the following if signing in an individual capacity] on behalf off &Vj� eoiLC. (name of t on hehaIf f whom record was executed), in the following representative ent capacity: VI 1 if (type of authority such as officer or trustee) (stamp) ANotar i tre MyCo mmission Expires: rd MEGHAN E SMITH QD NOTARY PUBLIC-ARIZONA MARICOPA COUNTY COMMISSION#578551 r1YCOMMISSIONEXPIRES March 9,2024 Sanitary Sewer Easement REV. 0 1/0 1/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 2-22-2022 Attest by Chris Johnson, City Clerk 2-22-2022 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 2-22-2022 (elate.__)by Robert F_ Siniison 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 I Sanitary Sewer Easement REV.01/01/2020 EXHIBIT B CITY OF MERIDIAN SEWER EASEMENT SHELBURNE SOUTH SUBDIVISION LOCATED IN THE SW 1/4 OF THE SE 1/4 OF SECTION 28, T3N., R.l E., B.M.,ADA COUNTY, IDAHO NO'31'20'E 135lz 16' 258.05' "E S88'34'28"E 159.24' S39'51'27"E —— —----- S89-15'25"E 12.96' POINT N88'34'28"W 22185'BEGIN Nes7525"wti N 9'28'4TW 150.16' 6 N 33.65' N� nPROPOSED EASEMENT ' 31947 SF/0.27 ACRES o N N CURVE TABLE CURVE LENGTH RADIUS DELTA BEARING CHORD o CI 20.47' 55.00' 1 21-19'25" S60-48-15"W 20.35' z C2 28.54' 55.00' 29'43'38" 1 S45'39'31'W 28.22' i7 r$ d m o I 2 !II � MM r N m I ■9 o Z N W C. N I Z m W S I N I � Q I O U 26 Tn 1/4 �-- - 238"00' M2422.54 28 27 33 '43"E 2660.54' E AMITY RD BASISIS OF OF BEARING 33 34 LLAA/as 0 75' 150' 300' STf %�, a 11, 1 � 8 0 -L Larn Solutions �4y�TF 0IF ��aye Land Surveying and Consulting ON W. NP 231 E.STH ST..STE A MERIDIAN.ID 83642 1208J 28 2040 (20a)2882557 fm Ww .IdlfdwlNiol .hit np9 N0.19-� Legal Description City of Meridian Sanitary Sewer Easement Shelburne South Subdivision EXHIBIT A A parcel of land being located in the SW'!.of the SE'%of Section 28, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a Brass Cap monument marking the southwest corner of the SE Y<of said Section 28, from which an Aluminum Cap monument marking the southeast corner of said SE 'A bears S W14'43" E a distance of 2660.54 feet; Thence S 89014'43" E along the southerly boundary of said SE '/ a distance of 238.00 feet to a point; Thence leaving said southerly boundary N 0'31'20" E a distance of 940.13 feet to the POINT OF BEGINNING; Thence continuing N 0031'20" E a distance of 20.00 feet to a point; Thence S 89°14'43" E a distance of 135.16 feet to a point; Thence S 88034'28" E a distance of 258.05 feet to a point; Thence S 89'15'25" E a distance of 159.24 feet to a point; Thence S39051'27" E a distance of 12.96 feet to a point; Thence a distance of 20.47 feet along the arc of a 55.00 foot radius non-tangent curve left, said curve having a central angle of 21'19'25" and a long chord bearing S 60048'15" W a distance of 20.35 feet to a point; Thence N 89015'25" W a distance of 150,16 feet to a point; Thence N 88034'28" W a distance of 221.85 feet to a point; Thence N 89°28'40"W a distance of 33.65 feet to a point; Thence S 0031'20" W a distance of 34.52 feet to a point; Thence a distance of 28.54 feet along the arc of a 55.00 foot radius non-tangent curve left, said curve having a central angle of 29°43'38" and a long chord bearing S 45'39'31" W a distance of 28.22 feet to a point; Thence N 0°31'20" E a distance of 55.15 feet to a point; Thence N 89028'40"W a distance of 20.66 feet to a point; Laaf TI�UIU'tIC�I9� City of Meridian Sanitary Sewer Easement �� "es".mreane tm.Wn,y Shelburne South Subdivision Job No. 19-08 Page 1 of 2 Thence N 89°14'43"W a distance of 96.84 feet to the POINT OF BEGINNING. This easement contains 11,947 square feet (0.274 acres) and is subject to any other easements existing or in use. Clinton W. Hansen,PLS Npt. LA Na Land Solutions, PC �o Tg s February 7, 2022 �� F 11118 UI)A z l� yre O F `QP r3�2 2rON w . HPa Lc"i► d-' Olutions City of Meridian Sanitary Sewer Easement ��- ura Sunryirp n,e Canxpiny Shelburne South Subdivision Job No.19-08 Page 2 of 2