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Elderberry Subdivision Sanitary Sewer and Water Main Easement No. 2 ESMT-2023-0129 (2023-053906) ADA COUNTY RECORDER Trent Tripple 2023-053906 BOISE IDAHO Pgs=6 VICTORIA BAILEY 09/20/2023 10:44 AM CITY OF MERIDIAN, IDAHO NO FEE Protect Fame(Subdivision): Elderberry Subdivision Sanitary Sewer&Water Nlain Easement Number: 002 Identify this Easement by sequential number if Project contains more than one easement of this type. (See Instructions for additional information). ESMT-2023-0129 SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made thil9th day of September 20 23 between ACCOUNTSERV CPAS PLLC ("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, 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 REV.0 1/0 1/2020 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: ACCOUNT SERV CPAS LLC Jona Gibbs, Member STAT F IDAHO ) ) ss County of Ada ) Th'�Ijirvo record was acknowledged before me on 2 (date) by - (name of individual), [complete the fo lowing if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of ACCOUNTSERV CPAS PLLC (name of entity �° behalf of whom record was executed), in the following representative capacity: ! ate (type of authority such as officer or trustee) (stamp) CURTIS PENTECOST Notary Signature COMMISSION#37204 My Commission Expires:_ NOTARY PUBLIC STATE OF IDAHO W COMMISSION EXPIRES 12MI2= Sanitary Sewer and Water Main Easement REV.0 1/0 1/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 9-19-2023 Attest by Chris Johnson, City Clerk 9-19-2023 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 9-19-2023 (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 3-28-2028 My Commission Expires: Sanitary Sewer and Water Main Easement REV.0 1/0 1/2020 Ma'5 0 1-1 Professional Engineers, Land Surveyors and Planners ,, 924 3`d St. So. Nampa, ID 83651 S S O 1 cue S f r�c., Ph (208) 454-0256 Fax (208) 467-4130 r e-mail:dholzhev anmasonandassociates.us EXHIBIT A FOR: Long & Joy JOB NO.: MR0121 DATE: September 12, 2023 ELDERBERRY SUBDIVISION WATER AND SANITARY SEWER EASEMENT 2 An easement of land being a portion of Blocks 3 and 4 of the Amended Plat of F.A. Nourse's Third Addition as filed in the office of the Ada County Recorder, Boise, Idaho,in Book 7 of Plats at Page 299 lying in the NW 1/4 of Section 7, Township 3 North, Range 1 East,Boise Meridian, Ada County Idaho, more particularly described as follows: Commencing at northwest corner of Section 7; Thence S 00' 24' 03" W a distance of 1041.87 feet along the west boundary of the NW 1/4; Thence N 89' 36' 49" E a distance of 40.00 feet to the northwest corner of Block 3; Thence S 00' 24' 03" W a distance of 63.99 feet along the west boundary Block 3; Thence N 89' 36' 49" E a distance of 79.62 feet parallel with the north boundary of Block 3 to the POINT OF BEGINNING of said easement; Thence N 00' 24' 03" E a distance of 114.36 feet parallel with the west boundary Blocks 3 &4; Thence S 89' 37' 48" W a distance of 79.62 feet to a point on the west boundary of Block 4; Thence N 00' 24' 03" E a distance of 14.60 feet along the west boundary Block 4; As✓Oclates /nc. ) Professional Engineers, Land Surveyors and Planners Page I of 2 G,SuN sass m�,y�Iz/z3 0 gT�OF10P� �q9iN H01.1`��y EXHIBIT B ELDERBERRY ESTATES SUBDIVISION WATER & SANITARY SEWER EASEMENT 2 A PORTION OF BLOCKS 3 AND 4, F.A. NOURSE'S THIRD ADDITION, A PART OF THE NW 114, SECTION 7, T. 3 N., R. 1 E., B.M., MERIDIAN, ADA COUNTY, IDAHO 6 2023 12 7 o Q 0 W � Z NIO N89'37'48"E O O� 95.38' WATER SEWER EASEMENT T N�I 3,193 S0. FT. o r-1 S89 37'48"W z 79.62' 0 m N o6 O N89'36'49"E 40.00r pin ILLEGIBLE d 'J. 1 z "Morn � rn L LA g 1ST ,�, a 9366 N8936'49"E 79.62 S89 36'49"W 15.75' 9TF 0 F 1OP�0 qq�N H01.2N LEGEND o CALCULATED POINT WATER & SANITARY SEWER EASEMENT 2 �p FOUND 518" IRON PIN 1402 N. MERIDIAN RD. WATER&SANITARY SEWER EASEMENT 2 • SET 112" IRON PIN W/ JOB NO. MR0121 PLASTIC CAP "PLS 9366" Proleeslonel Engineers, DWG N0. MR0121 EXHIBIT FOUND BRASS CAP MONUMENT M Land Surveyvrs a 5 o n �,- &Planners SCALE: NTS REV. Q ---------- EASEMENT LINE SSOCIc�t"e5 , 4248dStSpdI�A83P51 FIELD BOOK N0. — - ----- - — SECTION LINE L M"WFar )4V,IX —--—-- - — TIE LINE DRAWN BY.- DATE: DH 911212023