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Apex Southeast Subdivision No. 2 Sanitary Sewer Easement ESMT-2022-0127 (2022-012566) ADA COUNTY RECORDER Phil McGrane 2022-021566 BOISE IDAHO Pgs=6 ANGIE STEELE 03/02/2022 09:21 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0127 Apex Southeast Subdivision No. 2 Sanitary Sewer Easement SANITARY SEWER EASEMENT THIS Easement Agreement, made this 1st day of March , 20 22 between Smith Brighton Inc. ("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#3. 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: ITH BRIGHTON INC. Robert E.Phillips,Vice President STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on 2//r7/2022 (date) by Robert L.Phillips (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 Smith Brighton Inc. (name of entity on behalf of whom record was executed), in the following representative capacity: Vice-President (type of authority such as officer or trustee) (stamp) Notary Signature My Commission Expires: L- l-� SHARIVAUGHAN Notary Public-State of Idaho Commission Number 20181002 My Commission Expires Jun 1,2024 Sanitary Sewer Easement REV.01/01/2020 Page 54 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 3-1-2022 Attest by Chris Johnson, City Clerk 3-1-2022 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 3-1-2022 (date) by Robert E. Simison 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 Sanitary Sewer Easement REV. 01/01/2020 Item#3. km E N G I N E E R I N G February 16, 2022 APEX Southeast Subdivision No. 2 Project No. 21-021 Legal Description City of Meridian Sewer Easement Exhibit A A parcel of land for a sewer easement situated in a portion of Government Lot 4 and the Southwest 1/4 of the Northwest 1/4 of Section 5,Township 2 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho being more particularly described as follows: Commencing at an aluminum cap marking the Northwest corner of said Section 5, which bears N00°04'35"W a distance of 2,671.16 feet from an aluminum cap marking the West 1/4 corner of said Section 5,thence following the westerly line of said Section 5, S00'04'35"E a distance of 1,259.39 feet; Thence leaving said westerly line, N89'53'42"E a distance of 202.90 feet to the POINT OF BEGINNING. Thence N89°53'42"E a distance of 25.00 feet; Thence S00'04'35"E a distance of 128.34 feet; Thence 31.86 feet along the arc of a circular curve to the left, said curve having a radius of 80.00 feet, a delta angle of 22°49'15", a chord bearing of S52'05'23"W and a chord distance of 31.65 feet; Thence N00°04'35"W a distance of 147.74 feet to the POINT OF BEGINNING. Said easement description contains 3,418 Sq. Ft., more or less, and is subject to any existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is hereby made a part hereof. 4 a �„ 12459 0 OF L. Bp.L 5725 North Discovery Way • Boise, Idaho 83713 a 208.639.6939 • kmengllp.com Page 56 S\1KING\KM ENGINEERING\KM GENERAL-REMOTE WORK\PROJECT\21-021\CAD\SURVEY\EXHIBITS\21-021SEWER EASEMENT-CITY OF MERIDIAN.DWG,JIMMY KING,2/16/2022,\\KMEBOIDC S. Locust Grove Rd. BASIS OF BEARING _ N00°04'35"W_2671_16' S00.04'35"E °i AN� —fir— 1259.39' 7L' N O L 00 `t 0 CI U z m0 n -0 71 �o m z c N *c� r p7 p :E M 00 C) � O ; cn p Z y o I rD z � I °`� p -P O rD ID Ln x c 0 I a) CD N Q Q O N M C _< v Lnn m Lo <_ D �C K M I rD N rt p m p Ln -0 --I�z > z m zj I : x zym Q o m N z .� z z Lrl ---- r p rt S. Zenith Ave. �' • -- -- o I—' =_ m >v O Ln _ 1 r* N O CO ul 0 M 3 w O z ON z C7 rD Cl- CL Ln' c D aa' I rl � 3 �. M r* z Ln � �O 0 m n 00 N S o 0 rD o w o C In Ln r+ r W m I M z I � I M _ N m O I I I > N o N ani I I r z � D (D m D W N ( z m 00 II I to• r r- C () O O O r�TI D O W M N O O_ C) A mOI c �' Z o C7 O C Zo N G1 D N co m Z zCO m m ci z z __j r m m p D S2 z mLO cn -1 w = M O O z O O O m O Z = ` M D N EXHIBIT B - CITY OF MERIDIAN SEWER EASEMENT =m "G7 m �^ ?0°- ��' APEX SOUTHEAST SUBDIVISION No. 2 N E5=00 O gyp m 3IPW g A 2 Situated in a portion of Government Lot 4 and the SW 1/4 of the NW wW<— v z o 0 1/4 of Section 5, T2N, R1E, B.M., City of Meridian, Ada County, Idaho I- N Page 57 i I Item#3. i 25.00 n89°53'42"e f Vi CD r A � v F. A U l TitleCity of Meridian Sewer Easement Date: 02-14-2022 Scale: 1 inch=30 feet File:220214 Sewer Easement Apex Se No. 2 -City of Meridian 21-021 Tract 1: 0.078 Acres: 3418 Sq Feet:Closure=n02.5806w 0.00 Feet: Precision=1/108124: Perimeter=333 Feet 00 1=n89.5342e 25.00 BnVsS OS wDChd=165915 002=s00.0435e 128.34 004=n00.0435w 147.74 Page 58