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Records Apartments Sanitary Sewer and Water Main Easement No. 1 ESMT-2022-0251 (2022-093381) ADA COUNTY RECORDER Phil McGrane 2022-093381 BOISEIDAHO Pgs=5 NIKOLA OLSON 11/16/2022 10:48 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0251 Records Apartments Sanitary Sewer and Water Main Easement No. 1 SANITARY SEWER I—D WATER THIS Easement Agreement, made this 15th day of November,2022 between flarMax Auto Superstores Jxtc ("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 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, ifs 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: NameROe:K.Douglass rs,Vi•Presitlent.Real Estate,CarMax Auto Superstores,Inc. — STATE OF I O ) ) ss County of Ada ) This record was acknowledged before me on t t2t{2,cZa(date) by K.Douglass Moyers (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 CarMax Auto Superstores,Inc. (name of entity on behalf of whom record was executed), in,tjw,fpj,,lowing representative capacity:Vice President,Real Estate (type of authcoit�suc1ft/4eVR�.er or trustee) PUBLIC s888180 • ? n�: ISSION EXPIRES a s ?1/2024 ' Notary Signature '�F`���.•� My Commission Expires: Sanitary Sewer and Water Main Easement REV.01/0 1/2020 GRANTEE: CITY OF MERIDIAN RobertE. Sim ayor 1-15-2022 0-((11` t1D v �estby Chr ohnson.' it r l9/ -2022 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 11-15-2022 (date) by Robert E. S i m i s o n and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,respectively. CHARLENE WAY COMMISSION No. 67390 Cha&ycWM NOTARY PUBLIC Notary Signature STATE OF IDAHO My Commission Expires:�P3-28-2028 Sanitary Sewer and Water Main Easement REV.01/01/2020 LEGAL DESCRIPTION Page 1 of 1 0- LAND -W GROUP September 14, 2022 Project No. 115064 Exhibit"A" CARMAX AUTO UTILITY EASEMENT DESCRIPTION An easement located in the Southeast One Quarter of Section 4, 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 Section 4 of said Township 3 North, Range 1 East, (from which point the Southwest Corner of said Section 4 bears North 89°46'17" West, 2659.51 feet distant); Thence North 00°09"04" East, a distance of 55.26 feet on the north-south mid-section line of said Section 4 to a point on the Northerly Right-of-Way line of East Fairview Avenue; Thence continuing North 00°09'04" East, a distance of 250.71 feet on the north-south mid-section line of said Section 4 to the POINT OF BEGINNING; Thence North 00°09'04" East, a distance of 486.26 feet on the said north-south mid-section line to a point on the southerly right of way line of East Elden Gary Street; Thence South 89°59'29" East, a distance of 14.51 feet on the right of way line of East Elden Gary Street; Thence South 00°10'03" West, a distance of 46.18 feet; Thence North 90°00'00" East, a distance of 10.97 feet; Thence South 00°00'00" East, a distance of 20.00 feet; Thence North 90°00'00" West, a distance of 11.03 feet; Thence South 00'09'04" West, a distance of 357.35 feet; Thence South 89°51'24" East, a distance of 169.43 feet; Thence North 67'30'00" East, a distance of 12.28 feet; Thence North 22'30'00" West, a distance of 47.43 feet; Thence North 67'30'00" East, a distance of 20.00 feet; Thence South 22°30'00" East, a distance of 67.43 feet; Thence South 67°30'00" West, a distance of 36.28 feet; Thence North 89'51'24" West, a distance of 173.44 feet; Thence South 00'09'04" West, a distance of 42.77 feet; Thence North 89°50'56" West, a distance of 14.50 feet to the POINT OF BEGINNING. PREPARED BY: THE LAND GROUP, INC. OPAL ANDS w a '7$80 � 9-14-2022 OF �pP � James R. Washburn R.WA� 462 Fast Shorn f:n e FF,iitea 100 F-aF; e, !dahu 83616 208-939 4041 � AL za L1 E. Elden Gray St. — — — / T O ,1 L3L2 a 9 7880 o 1 + � L4 ,9T P 1 1 L5 9 �0F 14.5' R.wA 1 I II 11 Line Table W �N SINE BEARING LENGTH C2 coR 0 S 10826 W I Parcel No.S1104438755 L1 S89059'29"E 14.51' o51 o of to L2 S00°10'03"W 46.18' 72 z 1 1 U) L3 N90000'0011E 10.97' 1 L4 S00°0010011E 20.00' 1 I L8 I 1 1 L7 L5 N900 00 00 W 11.03 1 1 L6 �L9 S89051'2411E 169.43' L6 N67o 30'OOi'E 12.28; I � ° 1 II ' L7 N22 30 00 W 47.43 1 N89 5124 W 173.44 - ��10 I o L8 N67030100"E 20.00' _S00°09'04"W 42,77' N L9 S22°30'00"E 67.43' POB L11 L10 S67030'00"W 36.28' ----N00009'04"E 250.71' L11 N89°50'56"W 14,50' TIE LINE — — — — N00°09'04"E 55.261_, E. Fairview Avenue S89°46'171-E 2659.51' _ _S89°46'39"E 2658.62' _ S 1/4 CORNER SW CORNER SECTION 4 SE CORNER 4 s SECTION 4 SECTION 4 E Utility Easement 100 200' Horizontal Scale: 1" = 100' Project No.:115064 Date of Issuance:09-14-2022 THE City of Meridian Utility Easement ao Ea LAND CarMax Auto Superstores, Inc. x �o GROUP LU 8as