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Pine 43, Fairview Commercial esmt-2022-0264 Sanitary Sewer and Water Main Easement (2023-007827 Recorded Twice 2023-007828) ADA COUNTY RECORDER Trent Tripple 2023-007827 BOISE IDAHO Pgs=6 HEATHER LUTHER 02/08/2023 11:46 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0264 Pine 43, Fairview Commercial Sanitary Sewer&Water Main Essentent Number: SANITARY SE WATER MAIN EASEMENT THIS Easement Agreement, made this 7th day of February 2023 between DRB Investments, 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 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.0 1/0 1/2020 ADA COUNTY RECORDER Trent Tripple 2023-007828 BOISE IDAHO Pgs=6 HEATHER LUTHER 02/08/2023 11:46 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0264 Pine 43, Fairview Commercial Sanitary Sewer&Water Main Essentent Number: SANITARY SE WATER MAIN EASEMENT THIS Easement Agreement, made this 7th day of February 2023 between DRB Investments, 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 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.0 1/0 1/2020 ESMT-2022-0264 Pine 43, Fairview Commercial Sanitary Sewer&Water Main Easement Number: SANITARY SEWER AND}WATER MAIN EASEMENT THIS Easement Agreement, made this 7th day of February 2023 between DRB Investments, 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 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: )&AX-6;e5e— 6F LL STATE OF IDAHO ) ) ss County of Ada ) This rec rd was, acknowledged before me on /� 5;V,72 (date) by W. 84-� 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�AP�/ 73,LIZ (name of entity on behalf of whom record was executed), in the following representative capacity:_&&f—)A4e3,0-- (type of authority such as officer or trustee) N�1�1�IG�If��ry :Z r W C�SM22 5: = Notary Signature Xi'1pf , My Commission Expires:_/i? 'ZZ/Ns. Sanitary Sewer and AitiN1t5t1 asernent REV.01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 2-7-2023 Attest by Chris Johnson,City Clerk 2-7-2023 STATE OF IDAHO, ) ss. County of Ada ) This record was acknowledged before me on 2-7-2023 (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 i III Olt Op INC. J-U•9[N°INC[YB.INC. J-8 FAMILY OF COMPANIES EXHIBIT"A" DRB INVESTMENTS,LLC CITY OF MERIDIAN 30-FOOT-WIDE SEWER AND WATER EASEMENT LEGAL DESCRIPTION That portion of the Northeast Quarter of the Northwest Quarter of Section 8,Township 3 North, Range 1 East, Boise Meridian, City of Meridian,Ada County, Idaho, more particularly described as follows: COMMENCING at an Aluminum cap marking the north quarter corner of said Section 8,from which a Brass cap marking the northwest corner of said Section 8 bears North 89°59'19"West,2,652.60 feet; Thence along a random line, South 41°55'08"West,292.76 feet to the easterly boundary of Parcel 2,as shown in that certain Record of Survey No. 11291, recorded under Instrument No. 2018-024368, Records of Ada County,said point also being the POINT OF BEGINNING of the easement to be described; Thence N 89°33'01"W, 140.39 feet; Thence N 00°26'59" E, 5.50 feet; Thence N 89°33'01"W, 10.00 feet; Thence S 00°26'59"W,5.50 feet; Thence N 89°33'01" W, 105.69 feet; Thence N 00°26'59" E, 7.40 feet; Thence N 89°33'01"W, 15.00 feet; Thence S 00°26'59"W, 7.40 feet; Thence N 89°33'01" W, 187.04 feet; Thence N 00°26'59" E, 5.00 feet; Thence N 89°33'01" W, 10.00 feet; Thence S 00"26'59"W,5.00 feet; Thence N 89°33'01"W, 52.52 feet; Thence S 60°37'15"W, 64.71 feet; Thence S 43°25'41" E,30.93 feet; Thence N 60°37'15" E,49.21 feet; Thence S 89°33'01" E, 179.52 feet; Thence S 00°26'59"W, 11.50 feet; Thence S 89°33'01" E, 10.00 feet; Thence N 00°26'59" E, 11.50 feet; Thence S 89"33'01" E, 193.75 feet; Thence S 00°26'59"W, 11.50 feet; Thence S 89'33'01" E, 10.00 feet; Thence N 00°26'59" E, 11.50 feet; Thence S 89°33'01" E, 119.34 feet; Thence N 00°30'23" E, 30.00 feet to the POINT OF BEGINNING and the end of this easement description. Containing 17,653.62 square feet or 0.41 acres of land, more or less. Page 1 of 2 2760 West Excursion Lane,Suite 400,Meridian,ID 83642-5313 rr www.iub.com P 208.376.7330 �' " I d1 WI! N I XN�"110 J411•11 KNOINIVEM INC. J-U B FAMILY OF COMPANIES This description was prepared by me or under my supervision. If any portion of this description is modified or removed without the written consent of John J.Shea, PLS,all professional liability associated with this document is hereby declared null and void. LAND Jo n J. , PLS 15528 ��,`���t ST'r SG .c 0 12-06-ZOZ2Z Date v� lF 0 N C' /z_ob��gfi Page 2 of 2 EXHIBIT "B" 6 5 BASIS OF BEARING 5 N89`59'19"W 2652.60' t a r E. FAIRVIEW AVE. r E 8 2 p OR. OF PARCEL 2ROS 11291 o soo �� (SEE BELOW) POINT OF BEGINNING SCALE tNFEET E. WILSON ST. cis a L w, POINT OF— N u2 L11 L7 Ls L4 L3 BEGINNING r L1 -- � L10 L9 L8 L5 L1 0---- `^ -----------------------� ------- L2-------- - �:� 30' WIDE SEWER AND WATER EASE MENT � Les ----------------------- ----------------------- ---- -I L17 L21 -� L25 L18 L20 L22 � L24 \�! L19 L23 EAST LINE OF PARCEL 2, \�y ROS 11291 E 4j 0 LINE TABLE LINE TABLE 3 d NO. BEARING DIST. NO. BEARING DIST 0 L1 N89'33'01"W 140.39' L15 S43'25'41"E 30.93' o I L2 N00'26'59"E 5.50' L16 N60'37'15"E 49.21' N L3 N89'33'01"W 10.00' L17 S89'33'01"E 179.52' 04 L4 S00'26'59"W 5.50' L18 S00'26'59"W 11.50' N .o L5 N89'33'01"W 105.69' L19 S89.33-01"E 10.00' 0 80 L6 N00'26'59"E 7.40' L20 NOO'26'59"E 11.50' C W o SCALE IN FEET L7 N89'33'01"W 15.00' L21 S89'33'01"E 193,75' L8 S00'26'59V 7.40' L22 S00'26'59"W 11.50' sTallo s� L9 N89'33'01"W 187.04' L23 S89'33'01"E 10.00' y L10 N00'26'59"E 5.00' L24 N00'26'59"E 11.50' C Mo L1 1 N89.33'01"W 10.00' L25 S89'33'01"E 1 19.34' L12 S00'26'59"W 5.00' L26 N00'30'23"E 30.00' TF OF \� o yN S\\ t- L13 N89'33'01"W 52.52' L27 S41'55'08"W 292.76' L14 S60'37'15"W 64.71' i CITY OF MERIDIAN _SEWER AND WATER EASEMENT LEGAL DESCRIPTION _ SHEET z � SITUATE IN THE NE 1/4 OF THE NW 1/4 OF SECTION 8, T3N, R1 E, 1 OF 1 )-U-8 ENGINEERS,INC. BOISE MERIDIAN, CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO