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Victory Commons No.2 ESMT-2022-0132 Santiary Sewer Easement No. 1 (2022-074306) ADA COUNTY RECORDER Phil McGrane 2022-074306 BOISE IDAHO Pgs=6 CHE FOWLER 08/24/2022 09:13 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0132 Victory Commons No 2 Sanitary Sewer Easement No. 1 SANITARY SEWER EASEMENT THIS Easement Agreement, made this 23rd day of'Au ust, 20 22 between Kuna Victory, 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 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, its 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 i HE 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: KUNA VICTORY,LLC By: BV Management Services,Inc.,an Idaho corporation, Manager ` By: Cortney Lrddiard,Yresid t STATE OF IDAHO ) ) s County of Bonneville) This record was acknowledged before me on_� �� (date) by_Cortney Liddiard (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 Kuna Victory,LLC (name of entity on behalf of whom record was executed), in the following representative capacity: President of the Manager (type of authority such as officer or trustee) (stamp) BRANDI LOVE Notary Signature COMMISSION NO, 37925 My Commission Expires:_1 �\ -\a `Dy NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES OQ12126 Sanitary Sewer Easement REV. 01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 8-23-2022 Attest by Chris Johnson, City Clerk 8-23-2022 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 8-23-2022(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 Easement REV. 01/01/2020 2775 W.Navigator Drive,Suite 210 Idaho Office Meridian,Idaho 83642 Tel: 208.895.2520 i www.horrocks.com �l O R. R O C K S 1: N G I N l- F R pt1A� 0 Date: September 21, 2021 �c5� �JCENSF Project: ID-1402-l 810 Page: 1 of 2 N 01-31-22 0 ROB Of ,off N EXHIBIT A WRIT VICTORY COMMONS NO.2 SEWER EASEMENT This easement is situated in Government Lot 4 of Section 19, Township 3 north, Range I East, Boise Meridian, City of Meridian, Ada County, Idaho, located in a portion of Parcel A of Record of Survey Property Boundary Adjustment No. 12,282 and a portion of Parcel B of Record of Survey No. 8669, records of Ada county, Idaho, more particularly described as follows: COMMENCING at the southwest corner of said Government Lot 4, from which the northwest corner of said Government Lot 4 bears N.00°38'36"E., 1330.30 feet; thence along the west boundary of said Lot 4, 1) N.00°38'36"E., 490.09 feet, thence leaving said west boundary; 2) N.89°42'17"E., 70.00 feet to the southwest corner of Parcel B of said Record of Survey No. 12,282, thence along the south boundary of said Parcel "B"; 3) N.89.42'17"E., 211.12 feet to the southeast corner of said Parcel "B", thence along the south boundary of Parcel "A" of said Record of Survey No. 12,282; 4) N.89.42'17"E., 53.09 feet a westerly corner of said Parcel "A", thence continuing along the west boundary of said Parcel "A"; 5) S.00°38'36"W., 169.53 feet to the northwest corner of Parcel "B" of said Record Of Survey No. 8669 and the POINT OF BEGINNING, thence along the north boundary of said Parcel "B"; 6) S.89°04'23"E., 24.33 feet, thence leaving said north boundary; 7) N.00°38'28"E., 27.75 feet, thence; 8) S.89°21'32"E., 20.50 feet, thence; 9) S.00°38'28"W., 27.85 feet a point on the north boundary of Parcel B of said Record of Survey No. 8669, thence leaving said north boundary; HAD 1402 Victoiy Commons/Project Data/04 Survey/4.02 Descriptions and Exhibits\Working\Exhibit A SHERWIN-WILLIAMS Water Esmt 081 120 Date: September 21,2021 Project:ID-1402-1810 Page: 2 of 2 10)S.00°38'28"W., 35.27 feet, thence; 11)N.89004'24"W., 44.71 feet to a point on the west boundary of Parcel `B" of said Record of Survey No. 8669,thence along the said west boundary; 12)N.00.26-27"E., 35.27 feet to the northwest corner of said Parcel "B"and the POINT OF BEGINNING. HAD 1402 Victory Commons/Project Data/04 Survey/4.02 Descriptions/Parcel A PBA 012200 S16 VICTORY COMMONS s-24 s-19 SEWER CONNECTION EASEMENT 3 r 59.03' 211.12' Q O N89°42'17"E O O 1 N F. NOT TO SCALE � Q' TN89°42'17"E z 70.00'If ch U? OG V M - v P.O.C.-POINT OF COMMENCEMENT W Q M I 30 5�,� X\ S89°21'32"E Pe Ok H ch J5 ���\0 I 20.50' (V Q Ik P.O.B.-POINT OF BEGINNING f Q? W VO �GpP\,� NO°38'28"E PQGGO��Gy�y FOUND BRASS CAP MONUMENT 9JR 27.75' Q �� \?J y L o CALCULATED POINT o co S89°04'23"E 0 24.33' O FOUND 5/8 REBAR tlS0'38'28"W 0 2 0 27.85' e rn x v SO°38'28"W 35.27' fL �GENS NO°26'27"E� 35.27' 44.71' s I rA 9 } N89°04'24� 01-31.22 0 E s S-24 S-1P.O.C. J s-25 s-in E. VICTORY RD HORROCKS M ::,- tl WARNING DRAWING INFO ' ill�ll:- a DATE 12l17/21 EN`° INBHR $ Q rz EXHIBIT B scALE N.T.S. flEVtl D7rzY10 2775 NRNgRI°r Dl..Sidle 210 IF THIS BAR DOES NOT Witlian,10 89842 MEASURE I'THEN OR- 00� IS NOT TO SCALE GOV'T LOT 4, SECTION 19, T2N., R.1 E., B.M. 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