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S. Benchmark Way and W. Cobalt Dr. Sanitary Sewer and Water main Easement No. 1 ESMT-2023-0081 (2023-032718) ADA COUNTY RECORDER Trent Tripple 2023-032718 BOISE IDAHO Pgs=5 VICTORIA BAILEY 06/08/2023 09:13 AM CITY OF MERIDIAN, IDAHO NO FEE Project Name(Subdivision):. S Benchmark Wav and W.Cobalt Dr. Sanitary Sewer&Water Main Easement Number: 1 Identify this Fasement by sequential number if Project contains more than one easement of this type. (See Instructions for additional information). ESMT-2023-0081 SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made this 6th day of .Tune 20 23 between Treasure Valley 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, its 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 Page 1 Version 04/17/2023 THE GRANTOR covenants and agrees that Grantor shall not place or allow to be placed any permanent structures or obstructions within the easement area that would interfere with Grantee's use of said easement, including, but not limited to, buildings,trash enclosures,carports,sheds,fences,trees,or deep-rooted shrubs. 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: TREASURE VALLEY INVESTMENTS,LLC By:Mirazim Wakoori,Manager i STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on May I_?_223 (date) by M i razim Sh akoori (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 Treasure Valley Investments,LLC (name of entity on behalf of whom record was executed), in the following representative capacity: Manager (type of authority such as officer or trustee) N AAMAD KS HAUS COMMISSION 0 ��AAA-1 AUS T T T Y PUBLIC ; EO1DAHO COMMISSION NOTARY PUBLIC Notary Signature STATE OF IDAHO My Commission Expires: Sanitary Sewer and Water Main Easement Page 2 Version 04/17/2023 GRANTEE: CITY OF MERIDIAN Robert E. Simi on, ayor �. 6-2023 SFAi. Attest by Chris Onson,G`` 6-6-2023 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 6-6-2023 (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. (stamp) CHARLENE WAY Notary Signature COMMISSION NO. 67390 My Commission Expires: 3-28-2028 NOTARY PUBLIC STATE OF IDAHO Sanitary Sewer and Water Main Easement Page 3 Version 04/17/2023 kml EwG / wE Ex / ws May Dl208 Project Nos.ZZ'144022-2Z1 City of Meridian Sewer and Water Easement Legal Description Exhibit A A parcel of land for a City of Meridian Sewer and Water easement situated in a portion of the Southwest 1/4 of the Northeast 1/4 of Section 14,Township 3 North,Range I West,B.M.,City of Meridian,Ada County, Idaho and being more particularly described asfollows: Commencing at a found aluminum cap marking the North 1/4 corner of said Section 14,which bears N89*13'12"W a distance of 2,657.79 feet from a found aluminum cap marking the Northeast corner of said Section 14; Thence following the northerly line said Northeast 1/4,5O9,13'I2"Ea distance of114.G3feet; Thence leaving said northerly line,SO0^46'4D"VVa distance of1,4O5.3O feet to the POINT OFBEGINNING. Thence 566^45'ZO''[a distance of39.O6feet; Thence 6Z3"14'4O"VVa distance of46I0feet; Thence NGG^4S'ZO`'VVa distance of39D6feet; Thence N2]~14'4O"Ea distance of46.00 feet to the POINT 0FBEGINNING. Said parcel contains 1,797 square feet,more or less,and is subject to all existing easements and/or rights-of- wayofvecordor|mp|ied. Attached hereto is Exhibit 8 and by this reference is made a part hereof. OF s7os North Discovery Way~ Boise,Idaho aan1s^aoo.eae.a9ss~ kmwnmxp.cnnm POINT OF COMMENCEMENT NORTH 1/4 CORNER SECTION 14 W. Franklin Road NORTHEAST CORNER 11 BASIS OF BEARING SECTION 14 N89'13'12"W 2657.79' 11 12 14 114.63' 2543.16' 14 13 I o CO �1CO 1 �_ SCS Brighton, LLC 01 Li SCS Brighton, LLC I J S1214121135 �0' I S1214121135 `n d � I .. Quo GF I P Treasure Valley 4 cob"Sea �� I Investments, LLC. g QC7/t�r `� I S1214233680 I W POINT OF BEGINNING S66'45'20"E ^ �39.06' o a � o \CN66*45'20"W 0 39.06, N N YN W Q W LEGEND FOUND ALUMINUM CAP CALCULATED POINT I — — — — SECTION LINE a 0 LOT LINE —————--°—— PROPOSED EASEMENT LINE W 3 N Z Q O k O 0 60 120 180 V O Plan Scale: 1"=60' E N G I N E E R I N G m 5725 NORTH DISCOVERY WAY x BOISE,IDAHO 83713 S PHONE(208)639-6939 Exhibit B > kmengllp.com City of Meridian Sewer and Water Easement DATE: May_,2023 a PROJECC 22-221 SHE ET: Situated in the SW 1/4 of the NE 1/4 of Section 14 1 OF 1 T.3N., R.1W., B.M., City of Meridian, Ada County, ID