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St. Lukes Consolidated Service Center Sanitary Sewer and Water Main Easement No. 1 ESMT-2023-0111 (2023-048492) ADA COUNTY RECORDER Trent Tripple 2023-048492 BOISE IDAHO Pgs=7 VICTORIA BAILEY 08/23/2023 09:17 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2023-0111 St.Lukes Consolidated Service Center Sanitary Sewer and Water Main Easement No.1 SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made this22nd day of August 2023 between ATSAW SL 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, nor shall Grantee be responsible for repairing, replacing or restoring the Fencing as defined below and depicted in Exhibit C,which is attached hereto and incorporated herein. Sanitary Sewer and Water Main Easement Page 1 Version 04/17/2023 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 ("Easement Area"), which would interfere with the use of said easement, for the purposes stated herein.Notwithstanding the foregoing,Grantor shall be authorized to place certain fencing("Fencing") within the Easement Area as depicted in Exhibit C,but if Grantee determines,in its sole discretion,that some or all of the Fencing must be removed to provide acceptable access to the Easement Area to make repairs or perform other work, Grantee shall be authorized to remove the Fencing and Grantor shall be solely responsible for repairing,replacing or restoring the Fencing.Grantee shall,to the extent practicable,provide reasonable notice to Grantor prior to removing the Fencing,but need not provide prior notice in the case of an emergency. 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 WASHINGTON ) } ss County of Spokane ) This record was acknowledged before me on 7 0 o3 (date) by Aaron R Lake (name of individual), [complete the folloil ing if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of ATSAw sL 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) �,���tN111111i! GARD 04 +0 r 12387 % Nota Signature N 4 \C, w a= My ommission x ires: T-1 q-zo?7 �f = O Sanitary Sewer and� t��asernent Page 2 Version 04/17/2023 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 8-22-2023 Attest by Chris Johnson, City Clerk 8-22-2023 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 8-22-2023 (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 `� LEGAL DESCRIPTION 0 T H E Page 1 of 2 LAN D GROUP June 19, 2023 Project No. 122155 EXHIBIT A ATSAW SL, LLC—BLACK CAT PROJECT BUILDING D-SEWER/WATER EASEMENT An easement located in the Southeast Quarter of the Northeast Quarter of Section 16,Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the Section Corner common to Sections 9, 10, 15 and 16 of said Township 3 North, Range 1 West, (from which point the East One Quarter Corner of said Section 16 bears South 00' 43' 09" West, 2657.26 feet distant); Thence from said Section Corner, South 00' 43' 09" West, a distance of 1394.07 feet on the East line of said Section 16; Thence North 89°23'16"West, a distance of 25.00 feet to the POINT OF BEGINNING; Thence South 00'43'09" West, a distance of 30.00 feet; Thence North 89° 23' 16" West, a distance of 407.99 feet; Thence South 00° 29'07" West, a distance of 23.41 feet; Thence South 89° 30' 53" East, a distance of 10.00 feet; Thence South 00° 29'07" West, a distance of 20.00 feet; Thence North 89° 30' 53" West, a distance of 10.00 feet; Thence South 00° 29'07" West, a distance of 334.96 feet; Thence South 89° 30' 53" East, a distance of 10.37 feet; Thence South 00° 29'07" West, a distance of 20.00 feet; Thence North 89° 30' 53" West, a distance of 10.37 feet; Thence South 00° 29'07" West, a distance of 331.00 feet; Thence South 89° 30' 55" East, a distance of 11.38 feet; Thence South 00° 29'07" West, a distance of 20.00 feet; Thence North 89' 30' 55" West, a distance of 11.38 feet; Thence South 00' 29' 07" West, a distance of 275.75 feet to a point on the southerly boundary line of Parcel "B", as shown on ROS No. 13698 of Ada County Records; Thence North 89' 16' 51" West, a distance of 20.00 feet on said southerly boundary line; Thence North 00' 29' 07" East, a distance of 273.69 feet; Thence North 89' 30' 53" West, a distance of 10.00 feet; Thence North 00' 29' 07" East, a distance of 751.42 feet; Thence North 89' 23' 16" West, a distance of 383.71 feet; Thence South 00° 36'44"West, a distance of 16.49 feet; Thence North 89' 23' 16" West, a distance of 20.00 feet; Thence North 00' 36' 44" East, a distance of 16.49 feet; Thence North 89' 23' 16" West, a distance of 19.81 feet; Thence South 00' 29'09"West, a distance of 209.55 feet; Thence South 04'04'06"West, a distance of 284.81 feet; Thence South 85' 55' 54" East, a distance of 18.45 feet; 462 East Shore Drive, Suite 100, Eagle, Idaho 83616 208.939.4041 thelandgroupinc.com Page 2 of 2 Thence South 04°04' 06" West, a distance of 20.00 feet; Thence North 85' 55' 54" West, a distance of 18.45 feet; Thence South 04°04' 06" West, a distance of 95.19 feet; Thence South 00° 29' 06" West, a distance of 158.21 feet; Thence South 89°30' 53" East, a distance of 74.01 feet; Thence South 00° 29' 04" West, a distance of 20.00 feet; Thence North 89' 30' 53" West, a distance of 74.01 feet; Thence South 00° 29' 06" West, a distance of 42.17 feet; Thence South 89°30' 54" East, a distance of 39.51 feet; Thence South 00° 29' 06" West, a distance of 20.00 feet; Thence North 89° 30' 54" West, a distance of 39.51 feet; Thence South 00° 29'06"West, a distance of 72.67 feet to a point on the southerly boundary line of said Parcel "B"; Thence North 88° 10' 09" West, a distance of 30.01 feet on said southerly boundary line; Thence North 00' 29' 06" East, a distance of 313.28 feet; Thence North 04'04' 06" East, a distance of 400.00 feet; Thence North 00' 29' 09" East, a distance of 208.68 feet; Thence North 89° 23' 16" West, a distance of 79.00 feet to a point on the westerly boundary line of said Parcel "B"; Thence North 00' 29' 04" East, a distance of 30.00 feet on said westerly boundary line; Thence South 89° 23' 16" East, a distance of 795.54 feet; Thence North 00' 36'44" East, a distance of 11.00 feet; Thence South 89° 23' 16" East, a distance of 20.00 feet; Thence South 00°36'44" West, a distance of 11.00 feet; Thence South 89° 23' 16" East, a distance of 80.94 feet; Thence North 00' 36'44" East, a distance of 10.78 feet; Thence South 89° 23' 16" East, a distance of 20.00 feet; Thence South 00°36'44" West, a distance of 10.78 feet; Thence South 89° 23' 16" East, a distance of 54.14 feet to the POINT OF BEGINNING. The above described parcel contains 2.04 acres (88,841 square feet) more or less. PREPARED BY: / THE LAND GROUP, INC. 0 S FD w let. a 7880 2 6-19-2023 0 T .r ATE OF 0 F James R. Washburn R 462 East Shore Drive, Suite 100, Eagle, Idaho 83616 208.939.4041 • thelandgroupinc.com File Location: g:\2022\122155\cad\suNey\exhibits\ex230615 com as and wtr esmt-atsaw sl Ilc 122155.dwg Last Plotted By:alex major Date Plotted: Monday,June 19 2023 at 12:31 PM 2 M o_ N O O CnC C7 �■ >y CD v O PARCEL"A" ROS#13698 L31 I N00°29'06"E 313.28' o N04°04'06"E 400.00' N00°29'09"E 208.68' L28 — L24 N00029'06"E 158.21" SO4°04'06"W 95 9g _ `o ND r 1 0 N.)�I N ND o� 9 SO4°04'06"W 284.81' — — — I �L26 W I I 1 S00°29'09W 209.55' L22 C) oNa m 41 W r a CO I I I NM O m Z. :E c * 30' / cc) i n 1+ a / c1Cn pa 00M n M �PO ^' z1 Cn W R'1 1 cn Cb O � r CO � M wl W 7 co ' Z 00 -n COC o y 00 MCn co 00 M �I I o M \ 11 Ic++ a ni � M I W Cny Q M T m I I I I I I N00°29'07"E 273_6 N00°29'07"E 751.42' 9_ — — — — -- — co S00°29'07"W 275.75' 1 CD S00°29'07"W 331.00' oro rn S00°29'07"W 334.96'— L2 1 L10 L7 L4 I r w I I I I I 30' co N CO rnl r W N C) � p a o cn � M o co_ cra co I W cc) a Ico 90 W n z M r D w W Cn rn T1 o z D r N W o W m � rn CCn I I p 00 00 -0 M CO _ (BASIS OF BEARING) ,�L1 �/L - - - - - — - - - — — — — — — S. BLACK CATRD. — — — r _ _ _ 1263.19' 1394.07' S00043109"W 2657.26' — — — Tl W m O m � z � moCD nDz ,-I r n c o o z z 00 o n rn D o -0 rn co CO G O O 0 CD rF CL W O Z CD popC0 o CD Poo COD C � r r r r r r r r r CD r r r r r r r r r r r r 1 1 1 1 1 1 1 1 1 � r- r- r- rn 7-t � w Ir 1 z =. = T A CW W W co W W GJ GJ Co W N N N N N N N N N N O CO 00 �I O C3I � W N O CO co �I M Uti A W N O CO 00 �I M CSt 41 CO N 1 O rri P �ssf CL_ z cn cn cn z cn cn cn z z z z Cn z Cn Cl) cn z cn Cn z cn Cn z z z cn z z z in cn z W cn z cn cn cn cn pp ` S O �• 00 0 o co 00 O co O O 00 O0 0 00 00 0 00 00 00 0 00 0 00 0 0 o d� rn co ao O o0 o w o w o o cfl 0o O cfl o °D o co o coOD U1 °O C-0 0 0 0 0 0 0 0 °° o o °° o o °° o o M O y � F N O O O o CD o (D O CD o CD O O o 0 0 o CO o 0 o CO o o o O o o o o o o C o o o C o o o Cfo 0 o I� v 0 0 0 0 0 0 0 0 0 0 0 0 0 0MEk N W W 1 N W N N W N (Jl O N N coW W N W N coN N ` �' y� N N co N N Cl)C N W W U� W W W W l0 O /� o w W rn w M w M W rn co W o cD o c0 o co o cn O cn � cn w rn W rn O a� O cp O O cm O O CQ o Cp Cw �p � p r, CD _ O A , O 1 C5 6 C" O Cr C� 01 O Cr ul O 1 1 A CJl C.JI C.JI O C.Tt Ul O CJl O O O -� N A 6E) 0� �_ CS) A M � M A A CT CO CSC � CT A 6� W A �, � C 2 A O � O A W 1 CJ7 -7 cn W —7 W Cl) -I W v CO z � 'Y � O 0 m '� CL /■�� T m m m m m m M= m m m m m m m * 0 ` ay W O� b� CW 2) CD CID r Cr �i�, 0 CM) *j Z �1" w ` y N CJ1 1 N 1 Cb N W �I W -I W N W A - N —I 1 N 1 1 1 N 1 1 N N 1 N 1 1 N 1 N W T� �Q `' O CCD R1 CJl A O O O O 1 O 1 O O O N 10 O CD N A O OD O W O O O CT O O 1 O 1 O O O O O O W O Z �, = CA j —■ CD 0 1 -4 o �t (0 o 0 0 0 0 0 0") 1 0 1 1 0 0 0 g o 4' 00 4' o 4' o o W o W W o W o 0 0 1 0 o CO 0 CO 4�t o 0 0 0 0 _ _ o _ _ o _ cn o Cr! _ CQ o CQ o O 00 0 00 �t O o O o _ O = O -■ O � O O CD O � � CD 5 O CL O O CD w r Water Easement (BuildingD Ne e WSW"0 o. z � m o City of Meridian ►�'� South Black Cat Road O Z T D Meridian, Idaho 83642 O — F — — — — — — — — — � �- - 1 W 8°SS - - - AREA OF FENCE WITHIN EASEMENT Icnc� I60r LU II I w z � w U I I w I I Yw I I ZD J `" � o I I NQEr D I� I o z w I0 I z O w NCD cc I C\Jrl � w CITY EASEMENT J o I I C/) Q o � I I AREA OF FENCE WITHIN EASEMENT o I I I o I I I I I I I O 3 E ' Fence at City Easement o 100' zoo' E Horizontal Scale: = 100' Project No.:122155 a Date of Issuance:07-13-2023 NEB � ���= THE Exhibit C c� �oS M-I LAND AT SAW SL LLC = a amm GROUP St. Luke's Consolidated Service Center W