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Gander Creek South No. 3 Sanitary Sewer Easement No. 1 ESMT-2023-0090 (2023-041330) f I ADA COUNTY RECORDER Trent Tripple 2023-041330 Proiect Name(Subdivision): BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 07/20/2023 08:12 AM Gander Creek South 3 CITY OF MERIDIAN, IDAHO NO FEE Sanitary Sewer Easement Number: Identify this Easement by sequential number if Project contains more than one sanitary sewer easement. (See Instructions for additional information). i ESMT-2023-0090 i SANITARY SEWER EASEMENT THIS Easement Agreement, made this 1,h ,day of July 20,23 between Open Door Rentals LLC ("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: 6 6 i I (SEE ATTACHED EXHIBITS A and B) 3 The easement hereby granted is for the purpose of construction and operation of sanitary sewer and 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. t 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 k f of this easement. C 6 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. Sanitary Sewer Easement Page I Version 04/17/2023 i i { 3 j 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 1 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, ��r"'Open Door Rentals LLC STATE OF IDAHO ) ss County of Ada ) I gyp- This record was acknowledged before me on (date)by (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 XkA , (name of entity on behalf of whom record was executed), in the-following representative capacity: �� g l� (type of authority such as officer or trustee) x- (stamp) • No Signature (_,My Commission Expires:-?,o I TANYA A. LAMPMAN NotaL blio-•State of IdahoCoion Numbersoom MyCoonxpiras 07�1 Ef-2l?28 ' I Sanitary Sewer Easement Page 2 Version 04/17/2023 GRANTEE: CITY OF MERIDIAN Ro ert Simi on, ayor 7-18-2023 � SEAL Attest by C is Johns ";.. ity Clerk 7-18-2023 STATE OF IDAHO, ) : ss. County of Ada ) 7-18-2023 This record was acknowledged before me on (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,respectively. (stamp) Notary Signature CHARLENE WAY y p 3-28-2o2s M Commission Ex i COMMISSION No. 67390 NOTARY PUBLIC STATE OF IDAHO { { i r I i Sanitary Sewer Easement Page 3 Version 04/17/2023 Exhibit A Gander Creek South Subdivision No. 3 29, 2023 A portion of the Southeast 1/4 of the Northeast 1/4 of Section 32, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: Easement "A" Commencing at the Northeast corner of said Section 32 from which the East 1/4 corner of said Section 32 bears South 00032'37" West, 2,633.68 feet; thence South 18°45'03" West, 1,619.71 feet to the POINT OF BEGINNING; thence South 01 000'47" West, 55.47 feet; thence North 88059'13" West, 20.00 feet; thence North 01 000'47" East, 55.47 feet; thence South 88'59'13" East, 20.00 feet to the POINT OF BEGINNING. Containing 1,109 square feet or 0.025 acres, more or less. AND Easement "B" Commencing at the Northeast corner of said Section 32 from which the East 1/4 corner of said Section 32 bears South 00032'37" West, 2,633.68 feet; thence South 14049'12" West, 2,039.25 feet to the POINT OF BEGINNING; thence South 14052'02" West, 41.00 feet; thence North 75007'58" West, 134.94 feet; thence North 14052'02" East, 20.00 feet; thence South 75007'58" East, 60.45 feet; thence North 75036'36" East, 42.97 feet; ONNL LANO thence South 75007'58" East, 37.00 feet to the POINT OF \�\GENSF BEGINNING. o Containing 3,869 square feet or 0.089 acres, more or less. 11779 (P� �O End of Description. �o �F OF YM MCCN Page 1 of 1 S.29 1/4 S.29 S.28 • _ 5.32 _ � - _ _ _ S.32,• S.33 I I I I I _ — - A� • N F-lve _ Mile Creek — 07. CV I : •.dam' I co 00 I F ico p, Gander Creek South Point of co y No. > Subdivision Beginning "A" o N m I w 3 0 _ IN o I � :• � I p m IN g ' Z I — — I Point of Beginning "B" I t I I I I I C 1/4 1/4 5.32 S.33 \�NPL LAND \.rF-NS G 1 779 Scale: 1"=400' 100 9 2� 20234 0 200 400 800 �p TF OF \0 0� YM m 01 P:\Gonder Creek South No. 3 21-572\dwq\Exhibit_City of Meridian Sewer.dwq 6/29/2023 4:00:58 PM IDAHO Exhibit B 21b572 SURVEY 9955 , EMERALD ST. BOISOISE IDAH083704 Gander Creek South Subdivision No. 3 Sheet No. (208)848-8570 1 of 2 GROUP, LLC A portion of the SE1/4 of the NE1/4 of Section 32, Dwg. Date TAN., R.1W., B.M., City Of Meridian, Ada County, Idaho. 6/29/2023 Point of Beginning "A" S88'59'13"E 20.00 w � 0 P � LO o P 0 0 z N 20.00 N88'59'13"W W S75 07' 8E S7 60.45 N�5�3636"E 37,58E N 42 2 Point of Beginning "B" 3 O N O O 34.94 d ;o N�5 07 Sg»w d \oNP1_ LANp s \,AGE NSF Cr 1 779 Scale: 1"=20' Nam . , 'r 0 5 10 20 40 c0p F OF \QP p� Y . McCp, P:\Gander Creek South No. 3 21-572\dwg\E.hibit..-City of Meridian Sewer.dwg 6/29/2023 4:02:25 PM Job No. IDAHO Exhibit B 21-572 SURVEY 80SE,I AHO8374T. Gander Creek South Subdivision No. 3 9955 W. EMERALD Sheet No. (208)846-8570 2 of 2 GROUP, LLC A portion of the SE1/4 of the NE1/4 of Section 32, Dwg. Date T.4N., RAW., B.M., City Of Meridian, Ada County, Idaho. 6/29/2023