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Sagarra Subdivision Sanitary Sewer and Water Main Easement No. 3 ESMT-2023-0158 (Re-record number 2023-065367) ADA COUNTY RECORDER Trent Tripple 2023-063391 BOISE IDAHO Pgs=5 VICTORIA BAILEY 11/09/2023 09:12 AM CITY OF MERIDIAN,IDAHO NO FEE ADA COUNTY RECORDER Trent Tripple 2023-065367 BOISE IDAHO Pgs=8 ANGIE STEELE 11/20/2023 11:44 AM CITY OF MERIDIAN, IDAHO NO FEE Please re-record to fix Legal Description, Omitting pages 4, 5 and adding pages 6, 7 Wrong County was used in Legal Description ESMT-2023-0158 Sagarra Subdivision Sanitary Sewer and Water Main Easement No. 3 SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made this 8th day of November 20 23 between Sagarra Phase 1, 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, iftill be necessary to maintain and service said pipelines from time to time by 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 i I Please re-record to fix Legal Description, Omitting 3 pages 4, 5 and adding pages 6, 7 Wrong County was used in Legal Description ESMT-2023-0158 Sagarra Subdivision Sanitary Sewer and Water Main Easement No. 3 a SANITARY SEWER AND WATER MAIN EASEMENT l THIS Easement Agreement, made this 8th day of November 20 23 between Sagarra Phase 1, 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, AlWill be necessary to maintain and service said pipelines from time to time by 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 t Version 04/17/2023 i x 3 3 1 TRU GRANTOR covenants vmd agrees that Grouser shall not place or allow to be placed any paimanent structures or obstructions within the tmscmcnt area that would interfere with Gruntoc's use of said easement, including, but not limited to, buildings, trash enclosures,carports,sheds,fences,trees,or deep•cvotod shrubs. THE GRANTOR covenants and agmes with the Graatcc that should any pact of the right-of- way and casement hereby granted shall become part off or Iic within the boundaries of any public street, then, to such extent, such right-of-way and eascment hereby panted which lies within such boundary thereof or which is a pact tharcof shall cease and become { null and void and of no further cf i;ct and shall be completely relinquished. Tl E GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and thkt Grantor has a good and lawful right to convey said eastnmcnt, and that Grantor will warrant and forever deiend the title and quiet possession thereof against the lawful claims of all versons whomsoever. THE LOVENAN"13 OF GRANTOR made herein shall be binding upon Grantor's suecezots, w;sigos, heirs,personal m7mzcota ves,purcluiNm,or traasfcrecs of any kind, IN V;rTN1=SS WHEREOF. the said parties of the first part have hcTnurtosubscribM their sivzahues the day and year first herein above written. 1 a I GRANTOR: Sagarra Phase i, Lt.0 Mich J.SI viln, Managing Member S`1_ ,E F 1 110 ) ss upt�r of Ada ) This record was acknowledged before me on - (date) by Michael J. Stavin (name of individual), [complete the following if signing in a re pr4sentadve capacity, or strike the following if signing in -an individual capacity] on behalf of _Sa9arra Phase 1, LLc� (name of entity on behalf of whom record war cxecured), itt dle following rupresentanve capacity: Managing, Member.,, _ (type of authority such as officer or trustee) ELL �`����nf►r+tn,p�o Coz N ¢ Notary Si • - , � ,.. �t My Commission Expires:_ r 'D A ��� iti t' r and Water Main Easement F'agc 2 171? A3 1 i f I 1 9 j1 l G Nl.7Eh. CITY OF MERIJDLkN f e E. n, Ma 11-8-2023 Attest by aril do city C'IC-r 11-8-2023 i i STATE OF IDAHO, ) . ss. Couigy of Ada } 11-8-2023 'this rcoard was acknowl�ecE bcfarc me on (date) by Robert E. S i m is on md Chris Johnson on behalf of the City of NfcTidian, in their mMcifies as Mayor and City C'lurk, respectively. �st�r�Ex� n Notary Signat4arc CHARLENE WAY I+Ty '.omniission Ex 3-28-2028 COMMISSION No. 67390 NOTARY PUBLIC STATE OF IDAHO Saii itarY 'tiOlwr a lid Wale-],Mail) I*a-SvMcR1 l duptc'3 tilcra ire ( J E 7rZ(l?3 i EXHIBIT A SAGARRA SUBDIVISION WATER AND SEWER EASEMENT #3 A water and wer easement located in Lot 1, Block 3 of Linder Village Subdivision a d for the 1 proposed Saga Subdivision No. 2 and lying in the NW 1/4 of Section 25, Town ip 4 North, t Range 1 West, Boi a Meridian, Elmore County, Idaho, said parcel being more articularly i described as follows. Commencing at an alum' um cap being the northwest corner of said ction 25 and located N.89°22'30"W, a distance f 2669.54 feet from an aluminum cap b mg the N 1/4 corner of said Section 25; thence S.89°22'3 "E. a distance of 1637.16 feet alo the North line of said Section 25 to a point; thence S.00°37'3 "W, a distance of 1084.56 fe to a point, said point also being the POINT OF BEGINNING; Thence S.66052'01"E. a distance of 3 89 feet to a poi j Thence S.21°52'01"E. a distance of 40.9 eet to a oint; Thence S.00°37'59"W. a distance of 29.41 f t o a 1/2" iron pin; Thence N.89°22'01"W. a distance of 20.00 eet a point; Thence N.00'37'59"E. a distance of 25. 4 feet to a int; Thence N.21°52'01"W. a distance o 28.03 feet to a poi t; Thence N.89°22'01"W. a distan of 261.90 feet to a point; Thence S.32*35'20"W. a dist ce of 16.64 feet to a point; Thence S.00'37'59"W. a stance of 37.21 feet to a point; Thence N.89°22'01"W. a distance of 30.00 feet to a 1/2" iron pin; Thence N.00°37'59' E. a distance of 59.03 feet to a point; Thence N.32°35' 0"E. a distance of 26.29 feet to a point; Thence S.89° 2'01"E. a distance of 267.79 feet to a point also being the POIN F BEGINNING. Said parc contains 0.27 acres, more or less, and is subject to all existing easeme is and right- of-way of record or implied. v� Ed 15755 I�vtt�2�' iy of `�' c,J. EXHIBIT B SAGARRA SUBDIVISION WATER AND SEWER EASEMENT #3 CR 2017-072470 W. CHINDEN RLVD. 23 24 S89'22'30"E 2 69.54' 26 25 1637,16' 1032.38' 0 CR 2017-072469 o N 1/4 SEC, 25 b %f r7 - � I 0 1 ( i BLOCK 2 27 28 I 29 O I 31 � 3 I 33 J4 x S89'22'01"E 267.79' " 24 _ Ss N32'35'20"E 2 29' 201 f x-- x W. DIRECTOR LN. RIVATE) 3s89 tP ~—S3I'35'20"W T.64' i N89'22'01" 261,90' _x---xW 3E{ N21'52'01"W 28.03'•— Z2 U�1 1 `ry O 42 41 40 39 I O 37 I O O 3 0 f m M MIM I I I � N Z i NO'37'59"E 2I.44' N M N89'22'01"W 30.00' 11_ I� N! MALBAR ST, N89'22'01"W 20.00 LEGEND N ��� �b / —— BOUNDARY LINE SECTION LINE CENTER LINE 15758 LOT LINE 06 LOT LINE - ZERO SE7BACK EASEMENT RIGHT-OF-WAY J. GRAPHIC SCALE Sa 0 i5_30 Bo 120 (IN FEET 1 1 wh- 60 it. DATE, DLSICN Bi: SHEET: OF J.J. HOWARD 10/03/23 CLS ° ° t t SAGARRA SUBDIVIDION u4ppi G/swmm sO4E w"B ORr: ww W. Ad a sm A sc i/h*lid.Lm AV W*m 1" � 60' CLS 230408 ��S i 5 EXHIBIT A SAGARRA SUBDIVISION i i WATER AND SEWER EASEMENT#3 a 1 I A water and sewer easement located in Lot 1, Block 3 of Linder Village Subdivision and for the proposed Sagarra Subdivision No. 2 and lying in the NW 1/4 of Section 25, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, said parcel being more particularly described as follows: Commencing at an aluminum cap being the northwest corner of said Section 25 and located N.89'22'30"W. a distance of 2669.54 feet from an aluminum cap being the N 1/4 corner of said Section 25;thence S,89°22'30"E. a distance of 1637.16 feet along the North line of said Section r 25 to a point; thence S.00'37'30"W. a distance of 1084.56 feet to a point, said point also being the POINT OF BEGINNING; j Thence S.66052'01"E. a distance of 36.89 feet to a point; I Thence S.21'52'01"E. a distance of 40.92 feet to a point; Thence S.00°3759"W. a distance of 29.41 feet to a 1/2" iron pin; i Thence N,89'22'01"W. a distance of 20.00 feet to a point; Thence N,00°37'59"E, a distance of 25.44 feet to a point; Thence N.21°52'01"W. a distance of 28.03 feet to a point; �� NQ Thence N.89022'01"W, a distance of 261.90 feet to a point;Thence S,32°35'20"W. a distance of 16.64 feet to a point; 96 15758 `car 5 Thence S,00°37'59"W, a distance of 37.21 feet to a point; ,rlE OF NO Thence N,89022'01"W, a distance of 30.00 feet to a 1/2" iron pin; Thence N.00°37'59"E. a distance of 59.03 feet to a point; Thence N.32`35'20"E. a distance of 26.29 feet to a point; Thence S.89'22'01"E. a distance of 267.79 feet to a point also being the POINT OF BEGINNING. Said parcel contains 0.27 acres, more or less, and is subject to all existing easements and right- of-ways of record or implied. I I j 1 EXHIBIT B SAGARRA SUBDIVISION WATER AND SEWER EASEMENT #3 DRAWING SHOWING A PROPOSED WATER AND SEWER EASEMENT OF SAGARRA SUBDIVISION LYING IN THE NW 1/4 OF j SECTION 25, T.4N., R.1 W., B.M., ADA a COUNTY, IDAHO, 2023. CR 2017-072470 W. CHINDEN BLVD, ' 23 24 S89'22'30"E 2669,54' 26 2 1637.7 6' 1032.38' in CR 2017-07 o N 1/4 SEC. 0 M t, M 0 to BLOCK 2 " „ 27 I 28 I 28 O I 0 I J2 ( J3 J4 O — " S69'22'01'E 267.79' N32'35'20"E 26.29' 20r' W. DIRECTOR LN. (PRIVATE) 4.69 £ 23 M 25 —x—x �``532'35'20"W 16.64' i N$9'22'01"W 261.90' N21'52'01"W 28.03' a W N.\'ems 22 :n I N O I 42 0 „ 40 J9 i O J7 I O JtS \ }� h I Tcn N I'37'59"E 25.44' N89'22'01"W 30,00' vo) W. MALBAR 5T. N89'22'01"W 20,00'll'". LEGEND LA BOUNDARY LINE y�G d SECTION LINE — CENTER LINE 1575 LOT LINE --x—x—x—x— LOT LINE - ZERO SETBACK �I ®�� — — — — — —'�4 1p� EASEMENT RIGHT-OF-WAY OF vj � GRAPHIC SCALE 30 15 3O 60 120 IN FEET) 1 Inch. 60 It. ' DATE DDE.M R SHEETS V J.J. HOWARD 10/03/23 CLS ❑ /� ° 1 1 SAGARRA SUBDIVIDION scur� awn+Dti ORAri1N0�. ar,[toz.0 i.� .rwv V, = Bo' CLS 230408 WATER AND SEWER EASEMENT C V