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Summertown Sanitary Sewer and Water Main Easement No. 1 ESMT-2022-0253 (2022-093382) ADA COUNTY RECORDER Phil McGrane 2022-093382 BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 11/16/2022 10:48 AM CITY OF MERIDIAN, IDAHO NO FEE EST-2022-0253 Summertown Sanitary Sewer and Water Main Easement No. 1 SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made this 15thday of November 20 22 between Summertown 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 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 malting 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 casement, 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 ties 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 IDAHO ) ss County of Ada This record was acknowledged before me on 1(4:5-IA:;L-(date) by let Jb-111-0-UTIng if signing in a (name of individual), [complete the representative capacity, or strike the fallowing if signing in an individual capacity] on behalf of (name of entity on behalf of whom record was executed), in the following representative capacity. LQM1)&r (type of authority such as officer or trustee) i40TO), Notary Signature tta p My Commission Expires:-057 UBLIC tP. Z %* Sanitary Sewe?4AZX1'Easement REV.0 1/0 1/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simis ayor r 15-2022 ! C` 1 i 117IAN? SEAL Attest by Chri ohnson, 11-15-2022 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 Cha&ycWM COMMISSION No. 67390 NOTARY PUBLIC Notary Signature STATE OF IDAHO My Commission Expires: 3-28-2028 Sanitary Sewer and Water Main Easement REV.01/01/2020 DESCRIPTION FOR SUMMERTOWN SUBDIVISION City of Meridian Sewer and Water Easement A portion of Government Lot 2 of Section 1, T.3N., R.1W., Boise Meridian, City of Middleton, County of Ada, State of Idaho, being more particularly described as follows: Commencing at the N1/4 corner of said Section 1 from which the NE corner of said Section 1 bears South 89°46'48" East, 2662.22 feet; thence along the North boundary line of said Section 1 South 89°46'48" East, 637.68 feet; thence leaving said North boundary line South 00023'17"West, 144.03 feet; to the REAL POINT OF BEGINNING; thence continuing South 00023'17"West, 194.00 feet; thence South 00019'50" East, 504.74 feet; thence North 89047'48"West, 32.01 feet; thence North 00019'50"West, 26.57 feet; thence North 07048'36" East, 24.72 feet; thence North 89047'48"West, 453.08 feet; thence North 00020'42"West, 57.81 feet; thence North 89039" 8" East, 29.99 feet; thence North 00020'42"West, 284.39 feet; thence North 89040'10" East, 369.89 feet; thence South 49044'28" East, 12.11 feet; thence North 40015'32" East, 22.89 feet; thence North 89040'10" East, 10.02 feet; thence South 49044'28" East, 22.59 feet; thence South 00019'50" East, 18.29 feet; thence South 89040'04" West, 26.00 feet; thence South 00019'50" East, 282.00 feet; thence North 89040'10" East, 28.00 feet; Page 1 of 2 thence South 00019'50" East, 40.93 feet; thence South 07048'36" West, 24.72 feet; thence North 89047'48"West, 447.19 feet; thence South 00000'00" East, 26.57 feet; thence North 89047'48"West, 32.24 feet; thence North 00°20'42"West, 588.10 feet; thence South 90000'00" West, 87.69 feet; thence North 00'19'50"West, 57.95 feet; thence North 89040'10" East, 86.84 feet; thence North 00019'50"West, 52.36 feet; thence South 44058'41" East, 86.57 feet; thence South 89046'49" East, 374.77 feet; thence North 00019'08" East, 26.00 feet; thence South 89046'48" East, 22.44 feet; thence South 53002'59" East, 29.83 feet; thence South 00019'50" East, 22.93 feet; thence South 89040'10" West, 26.00 feet; thence South 00019'50" East, 200.50 feet; thence South 89040'10" West, 395.16 feet; thence North 00020'42"West, 219.31 feet; thence North 44058'41"West, 86.57 feet to the exterior boundary line; thence South 89046'48" East, 515.03 feet to the REAL POINT OF BEGINNING. a 7 9 101111-1-L- G. Page 2 of 2 Basis of Bearings 1 4 S._-36 N89°46'48"W 2662.22' / 4N_1w. W. USTICK RD. S.36 S .31 S.1 .1 3N.,1W. -__ 637.68' 2024.54' S.1 S .6 0 I N m I � � O O O 0 � I O N� D I 1 S89'46'48"E 515.03' � RPOB �T T� L15 T�f� I —/�J /I S89'46'49"E 374.77' -j,� 0)L13 O 22 3 Z M o I of to PO N 00 N Z I I 3 N 0 O D i i O co ( 0 V) 0 M N o O �I r- ( O o Z Z N I I S89'40'10"W 395.16' L6 I I �h ()1 I N89'40'10"E 369.89' L4J -- /1 I b I 10 BLOCK 1 / I I O 00 "i p I 34 N00 a ray Icq O ( � N b I z o 12 11 w o1 I I z 'o0i ' I O N N89'39'18"E N89'40'10"E N I 29.99' 28.00' 13 14 ` L L s I ( 1400'20'42"W 15 L10 ( G 57.81' N89'47'48"W 453.08' ' �G ZTT1J 1111ZZZTIE�3 I � 7 7 2 9 ., -� S89'47'48 E 447.19' L2-� I CP d8 Z-t O I L12 L11 L1 I I CIF rF OF I ( c�Y G.G N SCQI 1"=120' 0 20 60 120 240 P:\Summertown Subdivision 21-579\dwg\Summertown Utility Eosement.dwg 10/31/2022 10:25:24 AM IDAHO Exhibit ___ rawing for Job No. 9955 W.EMERALD ST. City of Meridian Sewer and Water Easement 21-579 SURVEY BOISE,IDAHO 83704 Summertown Subdivision Sheet No. (208)846-8570 1 GROUP, LLC LOCATED IN GOVERNMENT LOT 2 OF SECTION 1, Dwg. Dote NT.3N., RAW., B.M., ADA COUNTY, IDAHO 10/31/2022 Line Table Line Table Line Bearing Length Line Bearing Length L1 N89'47'48"W 32.01' L12 N89'47'48"W 32.24' L2 N00'19'50"W 26.57' L13 N90'00'00"E 87.69' L3 N07'48'36"E 24.72' L14 N00'19'50"W 57.95' L4 S49'44'28"E 12.11' L15 N89'40'10"E 86.84' L5 N40'15'32"E 22.89' L16 N00'19'50"W 52.36' L6 N89'40'10"E 10.02' L17 S44'58'41"E 86.57' L7 S49'44'28"E 22.59' L18 N00'19'08"E 26.00' L8 S00'19'50"E 18.29' L19 S89'46'48"E 22.44' L9 S89'40'04"W 26.00' L20 S53'02'59"E 29.83' L10 S00'19'50"E 40.93' L21 S00'19'50"E 22.93' L11 S00'00'00"E 26.57' L22 S89'40'10"W 26.00' sF sG�G 7729 N� �O F of: SPY G.GP P:\Summertown Subdivision 21-579\dwg\Summertown Utility Eosement.dwg 10/31/2022 10:25:34 AM IDAHO Exhibit ___ rawing for Job No. 9955 W.EMERALD ST. City of Meridian Sewer and Water Easement 21-579 SURVEY BOISE,IDAHO 83704 Summertown Subdivision Sheet} No. (208 2)846-8570 GROUP, LLC LOCATED IN GOVERNMENT LOT 2 OF SECTION 1, Dwg. Date T.3N., RAW., B.M., ADA COUNTY, IDAHO 10/31/2022