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Winco Wells Sanitary Sewer and Water Main Easement ESMT-2022-0227 (2022-082532) ADA COUNTY RECORDER Phil McGrane 2022-082532 BOISE IDAHO Pgs=9 VICTORIA BAILEY 09/28/2022 10:11 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0227 Winco Wells No. 1 SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made this 27tbiay ofSeptember 2022 between Me overland,Lac ("Grantor")and the City of Meridian, an Idaho Municipal Corporation("Grantee"1, 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 B) 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 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: STATE OF MOA40 ) L4jCWk0-V—) ss County of Ads ) // This record was acknowledged before me on Q 9/d Q Z027— (date) by _RjAct,% (name of individual), [complete the following if signing in a representative apacity, or strike the following if signing in an individual capacity] on behalf of -A6 ✓��Tamil , LL.(- (name of entity on behalf of whom record was executed), in the following representative capacity: nQ er- (type of authority such as officer or trustee) (stamp) ELLEN H.RILEY..............._ Notary Public-State of Nevada £ Notary Signature i Appointment Recorded lnwashoeCounty ; My Commission Expires: f No®8 a 2i�uuuTiiroe Oololwr;6,2 5 l Sanitary Sewer and Water Main Easement REV.01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 9-27-2022 Attest by Chris Johnson, City Clerk 9-27-2022 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 9-27-2022 (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 � LEGAL DESCRIPTION r �� �� T H E Page 1 OF 5 LAND GROUP August 22, 2022 Exhibit A Project No.: 120124 SEWER/WATER EASEMENT WINCO WELLS SUBDIVISION No.1 MD OVERLAND WELLS, LLC EASEMENT PERIMETER An easement located in the Southwest Quarter of the Southeast Quarter of Section 17,Township 3 North, Range 1 East, Boise Meridian, City of Meridian,Ada County, Idaho, being more particularly described as follows: COMMENCING at the South One Quarter Corner of said Section 17, (from which point the Southeast Corner of said Section 17 bears North 89°46'00" East, 2656.84 feet distant); thence on the south line of said Section 17, North 89°46'00" East, 755.11 feet;thence leaving said south line, North 00°14'00" West, 119.08 feet,to the POINT OF BEGINNING of EASEMENT PERIMETER: Thence North 44' 35' 55" West, 39.30 feet; Thence North 00' 24' 05" East, 295.71 feet,to Point A; Thence North 89' 35' 55" West, 36.00 feet; Thence North 00' 24' 05" East, 30.00 feet; Thence South 89°35' 55" East, 36.00 feet; Thence North 00' 24' 05" East, 292.42 feet; Thence North 89' 35' 55" West, 25.17 feet; Thence North 00' 24' 05" East, 6.00 feet; Thence South 89°35' 55" East, 25.17 feet; Thence North 00' 24' 05" East, 358.51 feet; Thence North 84°01' 00" West, 36.17 feet; Thence North 00' 24' 05" East, 20.10 feet; Thence South 84°01' 00" East, 51.90 feet; Thence South 80°05' 30" East, 63.69 feet; Thence South 80°05' 30" East, 71.57 feet; Thence South 75°41' 21" East, 135.28 feet; Thence South 71° 25'40" East, 111.49 feet; Thence South 67°08' 27" East, 133.27 feet; Thence South 67°08' 27" East, 34.27 feet; Thence South 22°08' 27" East, 15.12 feet; Thence South 00' 24' 05" West, 234.57 feet; Thence South 89'35' 55" East, 44.52 feet; Thence South 00' 24' 05" West, 6.00 feet; Thence North 89' 35' 55" West,44.52 feet; Thence South 00' 24' 05" West, 250.33 feet; Thence South 89'35' 55" East, 7.00 feet; Thence South 00' 24' 05" West, 8.00 feet; Thence North 89' 35' 55" West, 7.00 feet; Thence South 00' 24' 05" West, 7.50 feet; Thence South 89°35' 55" East, 51.04 feet; 462 East Shore Drive, Suite 100, Eagle, Idaho 83616 208.939.4041 thelandgroupine.com August 22, 2022 Page 2 Thence South 00°08' 32" East, 20.00 feet; Thence North 89' 35' 55" West, 51.23 feet,to Point B; Thence South 00° 24' 05" West, 325.14 feet; Thence South 45° 24' 05" West, 13.94 feet; Thence North 89' 35' 55" West, 146.63 feet; Thence South 00° 24' 05" West, 53.06 feet; Thence South 89°46' 00" West, 6.00 feet; Thence North 00' 24' 05" East, 53.13 feet; Thence North 89' 35' 55" West, 105.98 feet; Thence North 89°35'55" West, 250.68 feet to the POINT OF BEGINNING of EASEMENT PERIMETER. EXPECTING THEREFROM EXCLUSION AREA-1 An area of land located in the Southwest Quarter of the Southeast Quarter of Section 17,Township 3 North, Range 1 East, Boise Meridian, City of Meridian,Ada County, Idaho, being more particularly described as follows: COMMENCING at aforementioned Point A,thence South 89°35'55" East, 20.00 feet,to the POINT OF BEGINNING of EXCLUSION AREA-1: Thence South 89°35' 55" East, 238.47 feet; Thence South 00° 24' 05" West, 68.12 feet; Thence North 89' 35' 55" West, 32.00 feet; Thence South 00° 24' 05" West, 10.00 feet; Thence South 89°35' 55" East, 32.00 feet; Thence South 00° 24' 05" West, 172.38 feet; Thence South 89°35' 55" East, 10.00 feet; Thence South 00° 24' 05" West, 53.00 feet; Thence North 89' 35' 55" West, 232.40 feet; Thence North 44' 35' 55" West, 22.73 feet; Thence North 00' 24' 05" East, 52.05 feet; Thence South 89°35' 55" East, 30.26 feet; Thence North 00' 24' 05" East, 10.00 feet; Thence North 89' 35' 55" West, 30.27 feet; Thence North 00' 24' 05" East, 225.38 feet to the POINT OF BEGINNING of EXCLUSION AREA-1. FURTHER EXPECTING THEREFROM EXCLUSION AREA-2 An area of land located in the Southwest Quarter of the Southeast Quarter of Section 17,Township 3 North, Range 1 East, Boise Meridian, City of Meridian,Ada County, Idaho, being more particularly described as follows: AV Site Planning• Landscape Architecture•Civil Engineering•Surveying 462 E.Shore Drive,Suite 100• Eagle, Idaho 83616• P 208.939.4041•www.thelandgroupinc.com August 22, 2022 Page 3 COMMENCING at aforementioned Point A, thence North 45°24'04" East 28.28 feet, to the POINT OF BEGINNING of EXCLUSION AREA-2: Thence North 00' 24' 05" East, 243.37 feet; Thence South 89°35' 55" East, 34.00 feet; Thence North 00' 24' 05" East, 10.00 feet; Thence North 89' 35' 55" West, 34.00 feet; Thence North 00' 24' 05" East, 57.63 feet; Thence South 89°35' 55" East, 35.75 feet; Thence North 00' 24' 05" East, 8.00 feet; Thence North 89' 35' 55" West, 35.75 feet; Thence North 00° 24' 05" East, 91.65 feet; Thence South 89°35' 55" East, 30.32 feet; Thence North 00° 24' 05" East, 10.00 feet; Thence North 89° 35' 55" West, 30.32 feet; Thence North 00' 24' 05" East, 223.47 feet; Thence South 89°35' 55" East, 19.31 feet; Thence North 00' 24' 05" East, 8.00 feet; Thence North 89' 35' 55" West, 19.31 feet; Thence North 00' 24' 05" East, 12.36 feet; Thence South 80°05' 30" East, 126.74 feet; Thence South 75°41' 21" East, 127.20 feet; Thence South 00° 24' 05" West, 25.58 feet; Thence North 89' 35' 55" West, 10.00 feet; Thence South 00° 24' 05" West, 6.99 feet; Thence North 89' 35' 55" West, 27.50 feet; Thence South 00° 24' 05" West, 10.00 feet; Thence South 89°35' 55" East, 27.50 feet; Thence South 00° 24' 05" West, 261.15 feet; Thence North 89' 35' 55" West, 13.16 feet; Thence South 00° 24' 05" West, 8.00 feet; Thence South 89°35' 55" East, 13.16 feet; Thence South 00° 24' 05" West, 173.76 feet; Thence North 89' 35' 55" West, 6.99 feet; Thence South 00° 24' 05" West, 8.00 feet; Thence South 89°35' 55" East, 6.99 feet; Thence South 00' 24' 05" West, 35.88 feet; Thence North 89' 35' 55" West, 28.52 feet; Thence South 00' 24' 05" West, 10.00 feet; Thence South 89'35' 55" East, 28.52 feet; Thence South 00' 24' 05" West, 73.61 feet; Thence North 89' 35' 55" West, 207.27 feet; Thence North 00' 24' 05" East, 15.50 feet; Thence North 89' 35' 55" West, 8.00 feet; Thence South 00' 24' 05" West, 15.50 feet; Thence North 89' 35' 55" West, 23.20 feet to the POINT OF BEGINNING of EXCLUSION AREA-2. AV Site Planning• Landscape Architecture•Civil Engineering•Surveying 462 E.Shore Drive,Suite 100• Eagle, Idaho 83616• P 208.939.4041•www.thelandgroupinc.com August 22, 2022 Page 4 FURTHER EXPECTING THEREFROM EXCLUSION AREA-3 An area of land located in the Southwest Quarter of the Southeast Quarter of Section 17,Township 3 North, Range 1 East, Boise Meridian, City of Meridian,Ada County, Idaho, being more particularly described as follows: COMMENCING at aforementioned Point B, thence North 66°34'23" West 21.73 feet, to the POINT OF BEGINNING of EXCLUSION AREA-3: Thence North 89° 35' 55" West, 238.47 feet; Thence North 00° 24' 05" East, 118.21 feet; Thence South 89°35' 55" East, 15.00 feet; Thence North 00° 24' 05" East, 6.00 feet; Thence North 89' 35' 55" West, 15.00 feet; Thence North 00' 24' 05" East, 153.75 feet; Thence South 89°35' 55" East, 24.80 feet; Thence North 00' 24' 05" East, 10.00 feet; Thence North 89' 35' 55" West, 24.80 feet; Thence North 00' 24' 05" East, 295.54 feet; Thence South 89°35' 55" East, 15.51 feet; Thence North 00' 24' 05" East, 8.00 feet; Thence North 89' 35' 55" West, 15.51 feet; Thence North 00' 24' 05" East, 15.42 feet; Thence South 71° 25'40" East, 95.66 feet; Thence South 67°08' 27" East, 132.45 feet; Thence South 22°51' 33" West, 10.64 feet; Thence South 67°08' 27" East, 8.00 feet; Thence North 22' 51' 33" East, 10.64 feet; Thence South 67°08' 27" East, 18.05 feet; Thence South 22°08' 27" East, 2.85 feet; Thence South 00° 24' 05" West, 50.52 feet; Thence North 89' 35' 55" West, 39.01 feet; Thence South 00° 24' 05" West, 10.00 feet; Thence South 89°35' 55" East, 39.01 feet; Thence South 00' 24' 05" West, 232.53 feet; Thence North 89' 35' 55" West, 35.50 feet; Thence South 00' 24' 05" West, 6.00 feet; Thence South 89'35' 55" East, 35.50 feet; Thence South 00' 24' 05" West, 214.86 feet to the POINT OF BEGINNING of EXCLUSION AREA-3. FURTHER EXPECTING THEREFROM AV Site Planning• Landscape Architecture•Civil Engineering•Surveying 462 E.Shore Drive,Suite 100• Eagle, Idaho 83616• P 208.939.4041•www.thelandgroupinc.com August 22, 2022 Page 5 EXCLUSION AREA-4 An area of land located in the Southwest Quarter of the Southeast Quarter of Section 17,Township 3 North, Range 1 East, Boise Meridian, City of Meridian,Ada County, Idaho, being more particularly described as follows: COMMENCING at aforementioned Point B, thence South 60°30'09" West 23.07 feet, to the POINT OF BEGINNING of EXCLUSION AREA-4: Thence South 00° 24' 05" West, 225.39 feet; Thence North 89' 35' 55" West, 38.00 feet; Thence South 00° 24' 05" West, 10.00 feet; Thence South 89°35' 55" East, 38.00 feet; Thence South 00° 24' 05" West, 68.11 feet; Thence North 89° 35' 55" West, 13.95 feet; Thence North 00° 24' 05" East, 12.57 feet; Thence North 89' 35' 55" West, 8.00 feet; Thence South 00° 24' 05" West, 12.57 feet; Thence North 89' 35' 55" West, 117.54 feet; Thence North 89' 35' 55" West, 98.98 feet; Thence North 00' 24' 05" East, 8.25 feet; Thence South 89°35' 55" East, 8.17 feet; Thence North 00' 24' 05" East, 8.00 feet; Thence North 89' 35' 55" West, 8.17 feet; Thence North 00' 24' 05" East, 215.61 feet; Thence South 89°35' 55" East, 24.82 feet; Thence North 00' 24' 05" East, 10.00 feet; Thence North 89' 35' 55" West, 24.82 feet; Thence North 00' 24' 05" East, 25.84 feet; Thence South 89°35' 55" East, 2.00 feet; Thence North 00' 24' 05" East, 8.00 feet; Thence North 89' 35' 55" West, 2.00 feet; Thence North 00' 24' 05" East, 27.79 feet; Thence South 89°35' 55" East, 238.47 feet to the POINT OF BEGINNING of EXCLUSION AREA-4. The above-described easement contains 103,453 Ft2(2.37 Acres) more or less. Prepared by: NL LA The Land Group, Inc. tiO��GEIN Michael S. 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