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Driftwood Subdivsion Sanitary Sewer and Water Main Easement No. 1 ESMT-2023-0108 (2023-046924) ADA COUNTY RECORDER Trent Tripple 2023-046924 BOISE IDAHO Pgs=8 BONNIE OBERBILLIG 08/16/2023 08:15 AM CITY OF MERIDIAN, IDAHO NO FEE Project Na a Subivisian): Driftwood Subdivision Sanita 'Sewer&Water aia ement Number: Identify this Basement by sequential number if Project contains more than one easement of this type. (See Instructions for additional information), ESMT-2023-0108 SANITARY SEWER AND- WATER MAIN EASEMENT THIS Easement Agreement, made this lsth day of August 20 23 between Atturas Ustick LC and Bri tan Ustick 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; d WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed y 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 EXMBITS A and 13) The easement hereby granted is for the purpose of construction 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 Pagel 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. [END OF TEXT; SIGNATURES TO FOLLOW] Sanitary Sewer and Water Main Easement Page 2 Version 04/17/2023 GRANTORS: ALTURAS USTICK, LLC an Idaho limited liability company Travis ney, Manager STATE OF IDAHO 7 :ss County of Ada y On this the /I day of July, in the year 2023,before me a Notary Public of said State, personally appeared Travis Barney, known or identified to me to be the Manager of Alturas Ustick, LLC,the limited liability company that executed the instrument or the person who executed the instrument on behalf of said corporation,and acknowledged to me that such company executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first written above. - - 8 A RACHAEL A.MARTIN Notary Public for I aho COMMISSION#t 58252 ry NOTARY PUBLIC My Commissio;i Expire S.- no/oil STATE OF IDAHO MY COMMISSION EXPIRES 08XVT029 GRANTORS: BRIGHTON USTICK, LLC an Idaho limited lia ility company By: r -- Robert L. P � s, Manager STATE OF IDAHO ) :SS County of Ada On this the31 day of July, in the year 2023, before me a Notary Public of said State, personally appeared Robert L. Phillips, known or identified to me to be the Manager of Brighton Ustick, LLC,the limited liability company that executed the instrument or the person who executed the instrument on behalf of said corporation,and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first written above. SHARI=Juni, Notary Public for Idaho Notary Publi Commission My Commission Expires:_Ii+ My Commission GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 8-15-2023 Attest by Chris Johnson, City Clerk 8-15-2023 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 8-15-2023 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,respectively. (stamp) Notary Signature My Commission Expires: 3-28-2028 Sanitary Sewer and Water Main Easement Page 3 Version 04/17/2023 I DAH O 9955 W Emerald St SURVEY Boise, ID 83704 GROUP Phone: (208) 846-8570 Fax: (208) 884-5399 EXHIBIT A Driftwood Subdivision Parcel A City of Meridian Utility Easement Project Number 22-221 July 24, 2023 An easement situated in Parcel A of Record of Survey 13511 (Instrument Number 2022-061847, records of Ada County, Idaho), in the southeast quarter of the southwest quarter of Section 36, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at a brass cap marking the southwest corner of Section 36,Township 4 North, Range 1 West, Boise Meridian; Thence S88°42'42"E, 2078.70 feet along the south line of Section 36; Thence N01°17'18"E, 232.66 feet to the southwest corner of the existing Sanitary Sewer and Water Main Easement (Instrument Number 2023-016450, records of Ada County, Idaho); Thence N00°24'04"E, 94.70 feet along the boundary of the existing Sanitary Sewer and Water Main Easement; Thence S89°32'56"E, 2.01 feet along the boundary of the existing Sanitary Sewer and Water Main Easement to the POINT OF BEGINNING: Thence N00°27'03"E, 211.71 feet; Thence N89°32'56"W, 69.64 feet; Thence N00°27'04"E,38.00 feet; Thence S89°32'56"E, 173.96 feet; Thence N01°39'43"E, 85.38 feet to the boundary of Woodburn Subdivision (Book 96 of Plats at Pages 11809 through 11811, records of Ada County, Idaho); Thence S88°47'16"E, 48.00 feet along the boundary of Woodburn Subdivision; Thence S01039'43"W, 87.50 feet; Thence S88°47'16"E, 383.65 feet; Thence S00°40'34"W, 60.50 feet; Thence N88°45'04"W, 53.17 feet; L Thence N71°01'23"W, 63.80 feet across the easement to the ,S interior; o �' Thence N88°47'16"W, 278.07 feet; 4 C> Page 1 of 2 �i 9. OF cyq£L S . �� IDAHO 9955 W Emerald St SURVEY Boise, ID 83704 GROUP Phone: (208) 846-8570 Fax: (208) 884-5399 City of Meridian Utility Easement Parcel A continued... Thence N89°12'05"W, 107.94 feet; Thence S00°27'03"W, 76.58 feet; Thence S89°32'42"E, 385.98 feet; Thence N00°27'21"E, 72.26 feet; Thence S71°01'23"E, 63.80 feet back across the easement to the exterior; Thence S00°27'21"W, 87.35 feet; Thence N89032'39"W, 17.50 feet; Thence S00027'21"W, 93.27 feet to the boundary of the aforesaid existing Sanitary Sewer and Water Main Easement; Thence N89032'54"W, 20.00 feet along the boundary of the existing Sanitary Sewer and Water Main Easement; Thence N00°27'21"E, 29.82 feet along the boundary of the existing Sanitary Sewer and Water Main Easement; Thence N89032'39"W, 18.00 feet along the boundary of the existing Sanitary Sewer and Water Main Easement; Thence N00°27'21"E, 57.80 feet; Thence N89°32'42"W, 383.47 feet; Thence S45027'11"W, 10.61 feet; Thence S00°27'03"W, 82.81 feet; Thence S26002'39"W, 18.51 feet to the boundary of the aforesaid existing Sanitary Sewer and Water Main; Thence N00024'04"E, 17.88 feet along the boundary of the existing Sanitary Sewer and Water Main Easement; Thence N89°32'56"W, 27.99 feet along the boundary of the existing Sanitary Sewer and Water Main Easement to the POINT OF BEGINNING. The above-described easement contains 1.45 acres, more or less. 1 34 s Page 2 of 2 cygEC S �y� PRD tr0 0r0 v T (rli 4, Crl N m cn yS Z Z W 0 Z Z Z Z z ha vn w �� ya y CO 0 4 OD 0 M 00 r ha u, Linder Rd. m n�"� w N 0 N w N w w d 0° CD 0 - --- �' 0 N N j N V N N O CD r Ui N cn CO) rn cwn i cwD= cwe= w M3 o mCD 0o v w CD ao bn C*IL co 0 N 6 6 0 U3 00 f I =r Woodburn West Subdivision No. 2 I No N00'27'04"E +4 z0 38.00' V _ 0 q w y mo Oo 38' v p1 j C N Ql H `3 ~` Cil 211.71' rn .. 1 N00'24'04"E_ N00'27'03"E OD c I —94.70' F 0 '0 Ln On CD � D I I N �'� S00'27'03"W S00'27'03"W rn Q C = I rn 82.81' 76.58' Z 43' O °; +*i Go0 m -0 M O I \ \ N OV r 0 \ \ N01'39'43"E \ \ g 85.38'\� Q m H - a r \ \ 87.50' \ \ SOi'39'43'W 3 oo� cn o cn 71 z 00 +� � I I ca o y N l w N 41' oN_l� o ''` I I t5 N N = m P. ''' co N �°cn I . � 00 9 CA g n US !v ° a Z'' v b y cn a rt I I o0 0, c (ACD I I J 2 0 CD CDN 00 CD— � m i� I 41' o0 0° 0. �m o � p Z a O ;w rj 0� I I z rn 0 C a o i N� . 0 7 W 0 (Aw< I I p N CD Cr CL Q f 0)m I oo (Afid7 cn0 I Om 72.26 0 I I N00'27'21"E c o rq W A m c (AW 7I� " L4 uri " w 9327' L ' 7 i N I SOO'27'21"W \ • - 87_35 ° I I SOO'27'21"W 60.5' L r \ m �,60.50' co O '^ L I I + S00'40'34"W cn N1O N NO + . I O' (n N o �," ^'z rn N. Venable Ave. 0 o z (o c = u^ 0 m —__ - - - - -- �— - -- ---