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Red Aspen Sanitary Sewer and Water Main Easement No. 1 ESMT-2023-0124 (2023-058520) ADA COUNTY RECORDER Trent Tripple 2023-058520 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 10/16/2023 08:03 AM CITY OF MERIDIAN, IDAHO NO FEE Red Aspen Sanitary Sewer and Water Main Easement No. 1 ESMT-2023-0124 SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made this 3rd day of October 20 23 between Red Aspen 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: STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on October 11,2023 (date) by Amanda Moore (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 Red-Aspen, LLC (name of entity on behalf of whom record was executed), in the following representative capacity: Member (type of authority such as officer or trustee) ,,''11,%1111.11l11••I .�n�EN A.ftli 4, �• oTAR � • Y ':'�' dookpUB L1G Notary ignature : :n : My C mission Expir Ui T LP ''•01*q� OFl9 Sanitary Sewer and "ater Main Easement Page 2 Version 04/17/2023 GRANTEE: CITY OF MERIDIAN Robert E. Simisol Mayor 10-3-2023 � ! � SF,AL Attest by Chris Johns """ City Clerk 10-3-2023 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 10-3-2023 (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. stain Cha&ycWM CHARLENE WAY COMMISSION No. 67390 Notary Signature NOTARY PUBLIC My Commission Expires: '3-28-2028 STATE OF IDAHO Sanitary Sewer and Water Main Easement Page 3 Version 04/17/2023 km E N G I N E E R I N G September 18,2023 Project No.21-152 City of Meridian Sewer and Water Easement Legal Description Exhibit A A parcel of land for a City of Meridian Sewer and Water Easement over a portion of the Northwest 1/4 of the Northwest 1/4 of Section 24,Township 3 North, Range 1 West, Boise Meridian,City of Meridian,Ada County, Idaho and being more particularly described as follows: Commencing at the Northwest corner of said Section 24,which bears N00+41'26"E a distance of 2,650.84 feet from the West 1/4 corner of said Section 24,thence following the westerly line of said Northwest 1/4 of the Northwest 1/4,S00"41'26"W a distance of 201.45 feet; Thence leaving said westerly line,S89.18'34"E a distance of 275.81 feet to the POINT OF BEGINNING. Thence N00"52'35"E a distance of 110.65 feet; Thence N89°31'54"W a distance of 26.87 feet; Thence N00°52'35"E a distance of 20.00 feet; Thence 589+31'54"E a distance of 16.87 feet; Thence N00°52'35"E a distance of 7.98 feet; Thence 589+07'25"E a distance of 32.21 feet; Thence S13.36'35"W a distance of 10.02 feet; Thence S00.52'35"W a distance of 108.78 feet; Thence S89"07'25"E a distance of 19.97 feet; Thence S00"41'25"W a distance of 20.00 feet; Thence N89'07'25"W a distance of 40.03 feet to the POINT OF BEGINNING. Said parcel contains 3,799 square feet,more or less,and is subject to all existing easements and/or rights-of- way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. \ANAL LAND \G E N S�� Goa o -{ a 662 or F<< KEH��' 5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939+ kmenglip.com 14 13 0 50 100 ISO NORTHWEST CORNER SECTION 24 Plan Scale: 1" =So' 23 24 (K ! W. Overland Road I R/W R R/W R/W R A„ L G PROPOSED L5�� L7 RIGHT—OF—WAY J L4 �L2� ! PROPOSED I I 1 RIGHT—OF—WAY I Ica Z o rl I ogCV co I ! N N I I �L9-Y 0 t/i o S89'18'34"E -i x N� 275.81 (TIE)' L1 i— � 00 POINT OF} a LINE TABLE BEGINNING 0 a o LINE BEARING DISTANCE 0 1 L1 N0952'35"E 110.65 pL LAN is D k I N L2 N89'28'15"W 26.87 "\GENSF0SG�J` I (4. oL3 N0952'35"E 20.00 4 16662 L4 S89'26b5"E 16.87 x Sf O m L5 N0952'35"E 7.98 !� a WEST 1/4 CORNER F SECTION 24 L6 S89'07'25"E 32.21 y 1 H 23 24 L7 S 13'36'35"W 10.02 L8 S00'52'35"W 108.78 LEGEND L9 S89'07'25"E 19,97 o CALCULATED POINT W L10 S00'41'25"W 20.00 PARCEL BOUNDARY LINE N z ———— —————EASEMENT LINE a L11 N89'07'25"W 40.03 t" SURVEY TIE LNE a 3 — — SECTION LINE m Rix PROPOSED E N G I N E E R I N G RIGHT—OF—WAY LINE LM 5725 NORTH DISCOVERY WAY G p axc HONE,209)63DAHO 3713 -693 Exhibit B PHONE(206}639-6939 kmengllp.com City of Meridian Sewer and Water Easement DATE: September,2023 S PROJECT: 21=152 SHEET: A parcel of land over a portion of the Northwest 1/4 of the Northwest 1/4 of a 1 OF 1 Section 24,Township 3 North, Range 1 West, B.M., City of Meridian,Ada County, Idaho 32.21 s89°07'25"e IM1.B7 c84'31'S4•c e� n89"31'54"w 26.87 3 `n o0 �+ n (N cc o O O O _V V1 � Fq O � G O K 14.47 64'11775'c S ag n89°07'25"w 40.03 Title: Date: 09-18-2023 Scale: 1 inch—30 feet File: Tract 1: 0.087 Acres: 3799 Sq Feet:Closure=s52.2041 w 0.01 Feet: Precision=1148459: Perimeter=413 Feet 001=n00.5235e 110.65 005=n00.5235e 7.98 009=s89.0725e 19.97 002=n89.3154w 26.87 006=s89.0725e 32.21 010=s00.4125w 20.00 003=n00.5235e 20.00 007=sl3.3635w 10.02 011=n89.0725w 40.03 004=s89.3154c 16.87 008=s00.5235w 108.78