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Shelburne South No. 1 and No. 2 ESMT-2022-1028 Sanitary Sewer Easement (2022-023795) ADA COUNTY RECORDER Phil McGrane 2022-023795 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 03/09/2022 08:17 AM CITY OF MERIDIAN, IDAHO NO FEE 2 ESMT-2022-0128 Shelburne South No. 1 and No. 2 Sanitary Sewer Easement No. 2 SANITARY SEWER EASEMENT THIS Easement Agreement, made this 8th day of.March . 20 22 between SHELBURNE PROPERIES 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 EX ITS 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 V. 0 1/0 1/2020 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- 1�Y1�61�0�- STATE OF I�p ) ) ss County of.Adt- ) l \a-►% aq c►- This record was acknowledged before me on (date) by R(Jy qPS . -.JOI 1'[jT' (name of individual), [complete the following if signing in a represen ative capacity, or strike the following if signing in an individual capacity] on behalf of eo tcc- (name of en 't on behalf f whom record was executed), in the following representative capacity: jWjwL YI %111WI film. (type of authority such as officer or trustee) (stamp) 4- - NotarMEGHAN E SMITH Expires: rot no NOTARY PUBLIC-ARIZONA q.'' 4 MARICOPA COUNTY COMMISSION#578551 r tiY COMMISSION EXPIRES March 9,2024 Sanitary Sewer Easement REV. 0 1/0 1/2020 GRANTEE. CITY OF MERIDIAN Robert E. Simison, Mayor 3-8-2022 Attest by Chris Johnson, City Clerk 3-8-2022 STATE OF IDAHO, } : ss. County of Ada ) This record was acknowledged before me on 3-8-2022 (date) by Robert F_ Si.,,ison 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 SANITARY SEWER EASEMENT PROPOSED SHELBURNE SOUTH SUBDIVISION FREEMAN FAMILY TRUST PARCEL LOCATED IN THE SW 1/4 OF THE SE 1/4 OF SECTION 28 T.3N., R. 1 E., B.M., MERIDIAN, ADA COUNTY, IDAHO I CS 1/16 I I I I I FREEMAN FAMILY TRUST PARCEL NO. S1128438586. I I o I ——— S89'14'43"E 238.11' 3- -——— o �o o o CN z N89'14'43"W 238.03' POINT OF BEGINNING I PERMANENT EASEMENT 4,761 SF - 0.109 ACRES �NNL LANA M MERIDIAN JOINT SCHOOL \!�, T R sG'PG DISTRICT NO. 2 I a' PARCEL NO. S1128346800 111 8 � Uj o N Q A"9T c FOF � 5 I � NTpN W. NPR o CU I (J) 28 _ S89'14'43"E 2660.54' _E. AMITY_ RD. 28 27 1/4 57- 33 - - BASIS OF BEARING 33 34 y 1ons 0 50 100 200 ELan4?1U veying and Consulting 231 E.5TH ST.,STE.A MERIDIAN,ID 83642 (208)288-2040 (208)288-2557 fax www.Iandsolu[ions.biz JOB qn ig-ng Page 91 EXHIBIT A Legal Description Permanent Sewer Easement Freeman Family Trust Parcel Proposed Shelburne South Subdivision An easement located in the SW Y4 of the SE % of Section 28, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a Brass Cap monument marking the southwest corner of the SE %of said Section 28, from which an Aluminum Cap monument marking the southeast corner of said SE %4 bears S 89014'43" E a distance of 2660.54 feet; Thence N 0031'14" E along the west boundary of said SE %4 a distance of 940.13 feet to the POINT OF BEGINNING; Thence continuing N 0031'14" E along said boundary a distance of 20.00 feet to a point; Thence leaving said boundary S 89d14'43" E a distance of 238.11 feet to a point; Thence S 0045'17" W a distance of 20.00 feet to a point; Thence N 89°14'43" W a distance of 238.03 feet to the POINT OF BEGINNING. This easement contains 4,761 SF (0.109 acres) and is subject to any other easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC NPR LANp March 19, 2019 s QQ � � '101 j�9TF OF T�NW . NP Shelbourne South—Sewer Easements Q_�'--Land Survey(ng and Consulting Freeman Parcel-Perm Job No. 19-08 Page 1 of 1