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Woodcrest Townhomes Sanitary Sewer and Water Main Easement ESMT-2022-0196 (2022-063230) ADA COUNTY RECORDER Phil McGrane 2022-063230 BOISEIDAHO Pgs=6 VICTORIA BAILEY 07/13/2022 08:44 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0196 Woodcrest Townhomes MENT THIS Easement Agreement. made this 12tMay of 2�UI�2OZ between I-- Landmark Pacific Investors, 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 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 and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and 13) The easement hereby granted is for the 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 easernent 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 tills easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement REV.01/0 1/2020 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: La �ac 1-v�veS�-Crs� L.�C Y�r•r ya.� STATE OF IDAHO ) ) ss County of Ada ) ZV2 2 This record was acknowledged before me on tJ 7 , (date) by Matt Drown (name of individual), [complete the, ollowing i/ signing in a representative capacity, or strike the_1ollou-ing rf signing in an individual capacity] on behalf of Landmark Pacific Investors, LLC (name of entity on belialf of whom record was executed), in the following representative capacity: Manager (type of authority such as officer or trustee) (stamp) / KIMBERLY WOOD COMMISSION#20201020 Notary Signature NOTARY PUBLIC My Commission Expires: STATE OF IDAHO [MY COMMISSION EXPIRES 03h6/2026 Sanitary Sewer and Water Main Easement REV.0 1/0 1/2020 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 LAND SURVEYING PLLC Client: Landmark Pacific Development Inc. Date: June 22, 2022 Job No.: 4722 Exhibit A SEWER & WATER EASEMENT DESCRIPTION A strip of land for the purpose of a sanitary sewer and water main easement located in the South West 1/4 of the South East 1/4 of Section 5, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and also being a portion of Lots 3 and 4, Block 1 of Mallane Subdivision, as on file in Book 87 of Plats on pages 9881 through 9883, records of Ada County, Idaho, and more particularly described as follows: Commencing at a found 2-1/2 inch diameter Aluminum Cap stamped"Reset 2021 PLS 11574" marking the South West corner of said South East 1/4, (South 1/4 corner)from which a found 3-1/2 inch Brass Cap stamped"PLS 7015" marking the South East corner of said Section 5 bears South 890 48'44" East a distance of 2644.13 feet; Thence North 00° 28'03" East a distance of 313.94 feet to a found 1/2 inch diameter iron pin with cap stamped"PLS 11118" marking the South West corner of Lot 4, Block 1 of said Mallane Subdivision; Thence along the Southerly boundary of said Lot 4, South 891 33' 35" East, a distance of 99.59 feet to the TRUE POINT OF BEGINNING; Thence North 000 28' 11" East, a distance of 62.15 feet to the beginning of a tangent curve right; Thence a distance of 54.23 feet along the arc of said curve right, having a radius of 72.50 feet, a central angle of 420 51'21", the long chord of which bears North 21°53' 52" East, a distance of 52.97 feet; Thence tangent to said curve, North 43' 19'32" East, a distance of 178.35 feet to the beginning of a tangent curve right; Thence a distance of 88.52 feet along the arc of said curve right, having a radius of 65.50 feet, a central angle of 770 26'03", the long chord of which bears North 820 02' 34" East, a distance of 81.94 feet; Thence tangent to said curve, South 59' 14' 25" East, a distance of 23.83 feet; Thence South 320 04' 32"West, a distance of 8.05 feet; Thence South 580 06' 51" East, a distance of 17.23 feet; Thence South 310 53' 09"West, a distance of 21.61 feet; Thence North 590 14' 25"West, a distance of 40.45 feet to the beginning of a tangent curve left; Thence a distance of 47.98 feet along the arc of said curve left, having a radius of 35.50 feet, a central angle of 77126' 03", the long chord of which bears S. 820 02' 34"W., a distance of 44.41 feet to a point; Thence tangent to said curve, South 430 19' 32"West, a distance of 178.35 feet to the beginning of a tangent curve left; Thence a distance of 31.79 feet along the arc of said curve left, having a radius of 42.50 feet, a central angle of 420 51'21", the long chord of which bears S. 210 53'52"W., a distance of 31.05 feet; Thence tangent to said curve, South 000 28' 11"West, a distance of 97.47 feet; 623 1 lth AvEast South,Nampa,ID 83651 •T. (208)442-0115 •C. (208)608-2510 •rgray.cls@gmail.com COMPASS LAND SURVEYING,PLLC Landmark Pacific Development-4722\Survey\Descriptions\Sewer Water Esmt.doc Page 2 of 2 Thence North 890 45'48"West, a distance of 30.00 feet; Thence North 000 28' 11" East, a distance of 35.45 feet to the TRUE POINT OF BEGINNING. This easement strip contains 12,695 square feet more or less tL 0 cc ?732 qr of GAP qRp A• 623 11th AvEast South,Nampa,ID 83651 T. (208)442-0115 C. (208) 608-2510 rgray.cls@gmail.com Exhibit B 65.5 ::.::...:..:.. SS9�7yf. ?se rj; 0- Tr2EV �S:::::::::: m -- g`L . .. cQ . .: . '. h�1b ^ry. Ln CO b V • II :• O O :• V N g13D A• Y O C : n 5 8 4722 Sewer & Water Easement 6/22/2022 Scale: 1 inch= 40 feet File: Tract 1:0.2914 Acres(12695 Sq.Feet),Closure:s06.3043w 0.02 ft.(1/57086),Perimeter=915 ft. 01 n00.2811e 62.15 11 s43.1932w 178.35 02 Rt,r=72.50,delta=042.5121,chord=n21.5352e 52.97 12 Lt,r=42.50,delta=042.5121,chord=s21.5352w 31.05 03 n43.1932e 178.35 13 s00.2811w 97.47 04 Rt,r=65.50,delta=077.2603,chord=n82.0234e 81.94 14 n89.4548w 30 05 s59.1425e 23.83 15 n00.2811e 35.45 06 s32.0432w 8.05 07 s58.0651 a 17.23 08 s31.5309w 21.61 09 n59.1425w 40.45 10 Lt,r-35.50,delta=077.2603,chord=s82.0234w 44.41