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Prescott Ridge Subdivision No. 1 Sanitary Sewer and Water Main Easement ESMT-2022-0192 (2022-063231) ADA COUNTY RECORDER Phil McGrane 2022-063231 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 07/13/2022 08:45 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0192 Prescott Ridge Subdivision No. 1 THIS Easement Agreement, made thisl 2th day of JulY 2022 between PrQvidginge PrQperties, LLC ("Grantor") and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described-, and WHEREAS, the sanitary sewer and water 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 byte 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 and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is forte purpose of construction and operation of sanitary sewer and water mains and 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. Sanitary Sewer and Water Main Easement REV,01/01/2020 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. 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: Mitchell S.Armoth,A4*#r;-e#4 itgdrr, R-owk e Pipper4tty, LL,- STATE OF IDAHO ) u ) ss County of Ada ) This record w S owledged before me on 12 ate by ZaAm,,I/,.5, 111% of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of Providence Properties,_LLC (name of entity on behalf of whom record was executed), in the following representative capacity: Authorized Agent (type of authority such as officer or trustee) PENNY SMITH COIF. IISSSII N#23M5 r N LIBLIC STATE OF IDAHO [MY COMMISSION EXPIRES 02/16I2025 Notary Sig re My Commission Expires: Sanitary Sewer and Water Main Easement REV.01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 7-12-2022 Attest by Chris Johnson, City Clerk 7-12-2022 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 7-12-2022 _(date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature My Commission Expires: 3-28-2028 Sanitary Sewer and Water Main Easement REV.01/01/2020 km E N G I N E E R I N G June 14, 2022 Project No.21-099 Prescott Ridge Subdivision No. 1 City of Meridian Water and Sewer Easement Legal Description Exhibit A A parcel of land for a City of Meridian Water and Sewer easement being a portion of Lot 18 Block 1, Peregrine Heights Subdivision (Book 68 of Plats at Page 7026-7027,records of Ada County, Idaho)and also situated in the East 1/2 of the Northwest 1/4 of Section 28,Township 4 North, Range 1 West, B.M., City of Meridian,Ada County, Idaho being more particularly described as follows: Commencing at an iron pipe marking the Center 1/4 corner of said Section 28, which bears S00°43'55"W a distance of 2,635.29 feet from an aluminum cap marking the North 1/4 corner of said Section 28; Thence following the easterly line of said Northwest 1/4 of Section 28, N00°43'55"W a distance of 726.80 feet; Thence leaving said easterly line, N89°16'05"W a distance of 123.63 feet to the POINT OF BEGINNING. Thence S39°52'06"W a distance of 582.29 feet; Thence S21°26'40"W a distance of 57.63 feet; Thence S00°48'35"W a distance of 85.15 feet; Thence S89°25'31"E a distance of 5.96 feet; Thence S00°34'29"W a distance of 23.50 feet; Thence N89°25'31"W a distance of 91.00 feet; Thence N00°34'29"E a distance of 47.00 feet; Thence S89°25'31"E a distance of 14.30 feet; Thence S00°34'29"W a distance of 23.50 feet; Thence S89°25'31"E a distance of 50.74 feet; Thence N00°48'35"E a distance of 88.87 feet; Thence N21°26'40"E a distance of 64.51 feet; Thence N39°52'06"E a distance of 562.03 feet; Thence N50°07'54"W a distance of 118.52 feet; Thence N39°14'42"E a distance of 23.50 feet; Thence S50°07'54"E a distance of 138.78 feet to the POINT OF BEGINNING. Said descriptions contain 19,903 square feet(0.457 Acres), more or less,and 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 of. o� a to 12459OF a L. B�►Z'1'A� 5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939 • kmengllp.com LEGEND ® FOUND ALUMINUM CAP 00 FOUND IRON PIPE QO PROPOSED 5/8" REBAR 0 PROPOSED 1/2" REBAR 21 CALCULATED POINT FOUND ALUMINUM CAP J 28 — — SECTION LINE N 1/4 SECTION 28 SUBDIVISION BOUNDARY N39'14'42"E S50'07'54"E o,I PROPOSED LOT LINE 23.50' 138.78' � -- -- --- - EASEMENT LINE \\� 0 N50'07'54"W \ N89'16'05"W LINE TABLE �118.52' �123.63' (TIE) Lot 18, Block 1 ^� / / POINT OF LINE BEARING DISTANCE Peregrine Heights / / BEGINNING Subdivision / L1 S89'25'31"E 5.96 `Z aJ / L2 NO'34'29"E 47.00 �yc°�°'�� L3 S89'25'31"E 14.30 I_ o L4 SO'34'29"W 23.50 N 1-0— L5 S89'25'31"E 50.74 h� // r` N co �1_6 NO'48'35"E 88.87 // `� Uj o / Providence Properties, LLCM /// ��o R6991222550 I om Iz Y / / N N21'26'40"E / a 64.51' S21'26'40"W /-57.63' g SOO'48'35"W m L3� co [�-�85.15' z J L1 i a W. Ladle Rapids St. � _j I S00'34'29"W 23.50' Z �N89'25'31"W Proposed Prescott Ridge 91.00, POINT OF COMMENCEMENT Subdivision No. 1 FOUND IRON PIPE ' C 1/4 SECTION 28 o — Z ¢ ¢ 3 s 0 150 300 450 Plan Scale: 1" = 150' H N E N G I N E E R I N G m 5725 NORTH DISCOVERY WAY = BOISE,IDAHO 83713 } PHONE(208)639-6939 Exhibit B - City of Meridian Water and Sewer Easement � kmengllp.com Prescott Ridge Subdivision No. 1 �i DATE: Ju n=2022 1 'o ¢ PROJECT: 21-099 SHEET: A parcel of land situated in the Southeast 1/4 of the Northwest 1/4 of d 1 OF 1 Section 28, T4N, R1W, B.M., City of Meridian, Ada County, Idaho l� 1�s2 g��e �+ LU 4 =a, 1 io nR9`?i31"r 91.00 Title: I Date: 06-14-2022 Scale: 1 inch= 150 feet File: Tract 1: 0.457 Acres: 19903 Sq Feet: Closure=n05.3818e 0.01 Feet: Precision=1/144229: Perimeter= 1977 Feet 001=s39.5206Nv 582.29 007=n00.3429e 47.00 013==n39.5206e 562.03 002=s21.264ONv 57.63 008=s89 2531 e 14.30 014=n50.0754w 118.52 003=s00.4835Nv 85.15 009=00.3429w 23.50 015=n39.1442e 23.50 004=s89.2531e 5.96 010=s89.2531e 50.74 016=s50.0754e 138.78 005=00.3429w 23.50 011=n00.4835e 88.87 006=n89.253INY 91.00 012=n21.2640e 64.51