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Jump Creek Subdivision No. 6 Sanitary Sewer and Water Main Easement No.1 ESMT-2023-0039 (2023-015109) ADA COUNTY RECORDER Trent Tripple 2023-015109 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 03/15/2023 12:14 PM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2023-0039 Jump Creek Subdivision No. 6 Sanitary Sewer and Water Main Easement No. 1 THIS Easement Agreement, made this l4t1day of March 2023 between ("Grantor")and the City of Meridian,an Idaho Municipa 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 V.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 IDAHO ) ) ss County of Ada ) T is record was acknowledged before me on r—eb'.�2, 0)3 (date) by ,.. (name of individual), [complete the following if signing in a represen tive capacity, or strike the following if signing in an individual capacity] on behalf of (name of entity on behalf of whom record was executed), in the following representative capacity: Prmjd (type of authority such as officer or trustee) =OE ` Notar IdahoCom0052 Notary Signature My Com -05-2028 My Commission Expires: Sanitary Sewer and Water Main Easement REV.01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 3-14-2023 Attest by Chris Johnson, City Clerk 3-14-2023 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 3-14-2023 (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- Sanitary Sewer and Water Main Easement REV.01/01/2020 EXHIBIT A DESCRIPTION FOR JUMP CREEK SUBDIVISION NO. 6 CITY OF MERIDIAN SEWER AND WATER LINE EASEMENT A portion of the SE 1/4 of the SE 1/4 of Section 28, Township 4 North, Range 1 West, Boise Meridian, Meridian, Ada County, Idaho being more particularly described as follows: Commencing at the SE corner of said Section 28 from which the E1/4 corner of said Section 28 bears North 00031'08" East, 2637.33 feet; thence North 60003'59"West, 370.86 feet to the REAL POINT OF BEGINNING; thence North 89016'45" West, 100.95 feet; thence North 00°31'08" East, 31.00 feet; thence South 89016'45" East, 100.97 feet; thence South 00°33'57" West, 31.00 feet to the REAL POINT OF BEGINNING. ENS�� G�G� Of 7729 . o G' q F O `OPT` �G.0 Page 1 of 1 1/4 Y U S.28 S.27 O m , S8_9'1_6'45"E 100.97' 1 NO'31'08"E TT/1 1 JA CAPRI CT. g _SO'33'S7"W 31.00' / 31.00' 1_Z c'zn M o N89'16'45"W 100.95' RPOB CON U �1 O '�' • O a01 0, Y �O. •. V)p1 Q Q p m I m Z BLOCK 20 I °66;. I I I O I _ -- -- -- - - -- -- S.28 S.27 W. MCMILLAN RD. S.33 S.34 �- HO o a 772 N SCALE: 1"=60' (p� 4?- �O G) 9j� of \iD �� 0 10 30 60 120 Y G.C :\Jump C—k Sub No 6 20-478\dwq\R.A..d Jump C—k 6 S.—E—Ae q 3/19/2021 10:44:09 AN IDAHO EXHIBIT -R- DRAWING FOR JOB NO. 9955 W.EMERALD ST. CITY OF MERIDIAN SEWER & WATER LINE EASEMENT zD a�a SURVEY BOISE.IDAHO 83704 JUMP CREEK SUBDIVISION NO. 6 SHE;N0. fl (208)846-8570 GROUP, LLC LOCATED IN THE SE 1/4 OF THE SE 1/4 OF SECTION 28, T.4N., R.1W., BOISE MERIDIAN, DWG. DATE CITY OF MERIDIAN, ADA COUNTY, IDAHO I 3/19/2021