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Rustler Subdivision Sanitary Sewer Easement ESMT-2022-0262 (2023-000398) ADA COUNTY RECORDER Phil McGrane 2023-000398 BOISE IDAHO Pgs=5 HEATHER LUTHER 01/04/2023 12:14 PM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0262 Rustler Subdivision aADMELSOMEAMMMI THIS Easement Agreement, made this: 3rd'day of January 2023between Wendell Lawrence and Kathleen Lawrence_('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, 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. 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 EV. 01/01/2020 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. GRAN OR: Wendell Lawrence Kathl en Lawrence STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on_(date) by Wendell Lawrence and Kathleen Lawrence, husband and wife, property owners. (stamp) _ , Notary Signature GLEN V SENNETT My Commission Expires: COMMISSION#39672 NOTARY PUBLIC STATE OF IDAHO OHV01:IO 31V1S XNnd AWJLON Z196E#NOISSI W W O:) L R Ww _ _ 113NN39 A N319 Sanitary Sewer Easement CEV. 01/01/2020 Page 2 of 5 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 1-3-2023 Attest by Chris Johnson, City Clerk 1-3-2023 STATE OF IDAHO, ) ) ss. County of Ada ) This record was acknowledged before me on 1-3-2023 _date) by Robert E. Simisonand 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 LEV. 01/01/2020 Page 3 of 5 EXHIBIT A DESCRIPTION FOR THE CITY OF MERIDIAN SANITARY SEWER AN AREA OF LAND BEING THE SOUTHERLY 25 FEET OF LOT 7,BLOCK 1,STETSON ESTATES NO.2 SUBDIVISION,AS FILED IN RECORDS OF ADA COUNTY IN BOOK 8 OF PLATS AT PAGES 8563, 8564, 8565 AND 8566,IN THE WEST 1/2 OF SECTION 26,TOWNSHIP 3 NORTH,RANGE 1 WEST,BOISE MERIDIAN,BOISE CITY,ADA COUNTY,IDAHO,AND MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT A BRASS CAP MARKING THE NORTH 1/4 QUARTER CORNER OF SAID SECTION 26 BEING S89034'06"E 2655.19 EAST OF A BRASS CAP MARKING THE NORTHWEST CORNER OF SAID SECTION 26;THENCE N 89°34'06"W 1327.33 FEET ALONG THE NORTHERLY BOUNDARY OF THE NORTHWEST 1/4 OF SAID SECTION TO A 5/8-INCH REBAR MARKING THE WEST 1/16TH CORNER OF SAID SECTION;THENCE S 0°03'25"W 1328.54 FEET ALONG THE WESTERLY BOUNDARY OF THE NE '/4 NW '/4 OF SAID SECTION TO A 5/8-INCH REBAR MARKING THE NORTHWEST 1/16TH CORNER OF SAID SECTION AND NORTHWEST CORNER OF SAID LOT 7; THENCE CONTINUING S 0003'25"W 827.01 FEET ALONG SAID WESTERLY BOUNDARY TO A 5/8- INCH REBAR MARKING THE SOUTHWEST CORNER OF SAID LOT 7,ALSO BEING THE POINT OF BEGINNING; THENCE N 0°03'25"E 25.60 FEET ALONG SAID WESTERLY BOUNDARY OF SAID LOT 7 TO A POINT. THENCE N 77'34'48"E 531.47 FEET ALONG A LINE 25 FEET NORTH OF AND PARALLEL TO THE SOUTHERLY BOUNDARY OF SAID LOT 7 TO A POINT OF NONTANGENT CURVE ON THE WESTERLY BOUNDARY OF SAID LOT 7; THENCE ALONG A NONTANGENT CURVE[CE4]TO THE LEFT 25.26 FEET WITH A RADIUS OF 350.00 FEET THROUGH A CENTRAL ANGLE OF 4°08'04"WITH A CHORD BEARING S 4°14'46"E 25.25 FEET TO A 5/8-INCH REBAR MARKING THE SOUTHWEST CORNER OF SAID LOT 7; THENCE S 77°34'48"W 531.41 FEET TO THE POINT OF BEGINNING. BEARINGS HEREIN USED ARE BASED ON THE NORTH LINE OF THE NORTHWEST'/4 OF SAID SECTION 26 BEARING S 89034'06"E Sanitary Sewer Easement :EV. 01/01/2020 Page 4 of 5 S ONW E 2M f9' J !I WAWY RM In®PISS GO° 1J170 1J27JJ' v o EY7va src)xbY 26 OW/206-M-SW M f/f6 C1VW SEC 26 Qq ��16-6 9J1 AW Or WAGOC900 CpAf{d�56l47 I I �I h 0/Z=/dam —W w; Pm7w Sam,w w I I RACF(oaf RI) I 12•(C&W SW LT B&ADW>7 AfW I �! I 517Sf am Att 1 ' a=AB5(W d awe Raw RAnM(RI a M) tots I I s�sanv S 89°39'11"E 502,01' ylr� AME mu Act 2 111B 12-RGW =A0vjxW& I Li91A"AISawl w. �� IN 25'SEWER AND WATER EASEMENT Z ti 0 e-4 N eq IBIS b a;umsoW tar 1s h N I W(PR}?If$^) O 37L73t W E$• IM M2 2 V Z staxfm W LOT 7 cf • AA• h 25'TEMPORARY SEWER CONSTRUCTION co CE5 N sy, CEa I S r B 6 r.34 A8" 533 toT zs.ERr 25'SEWER EASEMEN OF���G� 6'aaw a1VIE9 ADWA v s AN W. Bg1 n o iw �21dK![,E Et�V7,AVM(RlJ MU N RO REVISFDN: BY: RUSTLER SUBDIVISION BRIGGS ENGINEERING,INC. STETSON ESTATES NO.2 SUBDIVISION, LOT 7 ADA COUNTY,IDAHO cS R � SKEEI: 30F1 CITY OF MERIDIAN - EASEMENT QML STRUCTURAL IANDSURVEY PERMANENT SEWER 5MWSTAlVK'GAADfAf1TY,(ON09M'1AWW00 EXHIBITB DWG DATE: DWG NO. XALE: These drnrkneL or wN Wien dhcm sluO M be used on my ProJeG UTYOF MERIDIAN NOVEMBER 1011 1 210708-EASEMENT 1"=150' or atmsions of ft RgRcc ompt by`wnum&Vument from BfW Sanitary Sewer Easement LIEV. 01/01/2020 Page 5 of 5