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Sagarra Subdivision Sanitary Sewer and Water Main Easement No. 2 ESMT-2023-0157 (Re-Recorded 2023-065548) s E I ADA COUNTY RECORDER Trent Tripple 2023-063390 BOISE IDAHO Pgs=5 VICTORIA BAILEY 11/09/2023 09:12 AM CITY OF MERIDIAN,IDAHO NO FEE ADA COUNTY RECORDER Trent Tripple 2023-065548 BOISE IDAHO Pgs=8 VICTORIA BAILEY 11/21/2023 09:13 AM CITY OF MERIDIAN, IDAHO NO FEE I i I Please Re-record to fix legal description, Omitting pages 4, 5 and adding pages 6 and 7. Wrong County was used in Legal Description ESMT-2023-0157 Sagarra Subdivision Sanitary Sewer and Water Main Easement No. 2 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"); i i 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 I WHEREAS, the sanitary sewer and water is to be provided for through underground t&elines to be constructed by others; and WHEREAS, it will 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. mot. Pao il� A1__,:,._nn/1'7/nnn') i i 1 i 1 Please Re-record to fix Legal Description. Omitting Pages 4, 5 and adding pages 6 and 7. Wrong County was used in Legal Description. j ESMT-2023-0157 Sagarra Subdivision Sanitary Sewer and Water Main 1 Easement No. 2 a SANITARY SEWER AND WATER MAIN EASEMENT a THIS Easement Agreement, made thi$th 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, it will be necessary to maintain and service said pipelines from time to time by the Grantee; i 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 1 3 714E GRANTOR covenants and agrees that Grantor shall not place or allow to be j placed any pc-rmanent siruaures or obstructions within the casumeW aim tWt would interfere: with Grantee's use of said easement.including, but not limited to, buildings, trash 3 enclosures,carports, sheds, fence-,tyres,or deep-rooted shrubs_ INE GRANTOR covenants and agrees with the Grantee that should any pact of the right-of- way and easement hereby ,granted shall become part of, or lie within the boundaries of any public strut, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary that er or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. TTE GRANTOR does hereby covenant with the Giantee 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 Crrantor will warrant and fbrever aerend the titic and quiet possession tnereoi against the )awfu! clairns of aii persons whomsoever. i THE COVI✓NANr$ OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, petsonal rep esentatives, puxchaseas,or transferees of any ldnd. EN WITNESS WT EREOF, the said parties of the first part have hereunto subscribed their signatures the day and year fast herein above written. GRANTOR: Sagarra Phaso 1,LLC r 8 : Mi ae J.Sla in,Managing Member A.,E 0 f 1-10 ) t.;�un V of Ada ) Ibis record was acknowledged before me on to tip (date) by Michael J. Slavin (name of individuals [complete the following if signing in a repmimlalive capacity, or strike rim following if signing in an individual cgwdty] on behalf of Saga rra Phase 1,Le_c (name of entity on behalf of whom record was executed), in the: fbllowing representative capacity- Managing Member_ __ _( ype t of authority such as officer or trustee) �,,iN1NrNy,� h-O-Z Si gaalued '6 ,.� ,�d 'Oar MyC ct�ptres:�t 7 No. • `;.:nitasv Sewe r and Water Main Easement 1'3�C 3 Version 04/17/?023 3 I 7 i GRANTEE' i too #R. Si �a P ayrar 11-8-2023 �� pp SR AI. (�y�li IUR IANf- RAt�. Attem by johmo a 11-8-2023 3 Count y of Ate. This :r -)rd was, acknDu�Wged, before my +:Are 11-8-2023 �d�tt�� �a 'Robert E. Simison and Cbris Johmson on behalf of the City of Meridiaft, in, their capacities a-s mayor an-d City C -Tk,ros-ptr ively- P) Notary Sigrmtuflm CHARLENE WAY My CoMnliSSion f is = 3-28-2028 COMMISSION No. 67390 NOTARY PUBLIC STATE OF IDAHO nii ry k,uw.:r attd '4 atcr iklain �.a wmenl _ Version TellW?023 i I i 9 i 9 1 EXHIBIT A I SAGARRA SUBDIVISION WATER AND SEWER EASEMENT #2 i i A wate and sewer easement located in Lot 1, Block 3 of Linder Village Su ivision and for the propose agarra Subdivision N ►ag NW 1/4 of Section ,Township 4 North, Range 1 W st, Boise Merl ' n, Elmore County, Idaho, aid parcel be' g more particularly described as llows: Commencing at n aluminum cap being the northwest corner f said Section 25 and located N.89°22'30"W' a 'stance of 2669.54 feet from an aluminu cap being the N 1/4 corner of said Section 25; thence 89022'30"E. a distance of 989.17 fe along the North line of said Section 25 to a point; thence 00037'30"W, a distance of 108 .47 feet to a point, said point also being the POINT OF BEGINNI ; i Thence 5.89022'01"E. a dist ce of 285.15 feet a point; Thence S.65°13'55"E. a distanc of 23.16 fe to a point; Thence 5.19°00'35"E. a distance of 9.2 eet to a point; i Thence 5.00°37'29"W. a distance of 2 feet to a 1/2" iron pin; a Thence N.89022'01"W. a distanc f 20.00 et to a point; a Thence N.00°37'59"E. a dista e of 45.44 feet t a point; Thence N.44022'01"W, a d' tance of 8.34 feet to a p int; Thence N.89°22'01"W. distance of 256.87 feet to a po t; Thence 5.00°37'59" . a distance of 51.33 feet to a point; Thence N.89'22' "W. a distance of 30.00 feet to a point; Thence N.00° '59"E, a distance of 81.33 feet to a point also being e POINT OF BEGINNING. Said parcel ontains 0.27 acres, more or less, and is subject to all existi easements and right- of-ways record or implied. 157 J OF J. 1a�� L4 7 i EXHIBIT B SAGARRA SUBDIVISION WATER AND SEWER EASEMENT#2 W. CHINDEN BLVD. 23 4 S89'22'30"E 2669.54' 26 25 1T CR 17-072469 989, 1680.37' _ N /4 SEC. 25 W a a 3 M 3 I O 1 H 0 0 lu If Is 569'22'01"E 85.15' O W. DI CTOR LN. (PRIVATE) S65'13'55"E 23.18'--� m w N89'22'01'6l 256.87'" a m N4422'01"W 8.34' m w w%- M O I (1 Z BLOCK 2 ( p l N89'22'01"W 30.00` MALBAR ST. N89'22'01"W 20.00' EXHIBIT DRAWING S OWING A PROPOSED WATER AND SEWER EASEMENT OF S GARRA SUBDIVISION LYING IN THE 1/4 OF SECTION 25, T.4N., R.1 W., M., ADA COUNTY, IDAHO, 202 . LEGEND BOUNDARY LINE SECTION LINE CENTER LINE 4:. LOT LINE Q {�S -.-■--■--x LOT LINE- ZERO SET13ACK t„Y EASEMENT 15758 r,p ;hld.1i�2 RIGHT—OF—WAY oF ����p GRAPHIC SCALE 3E1 15 30 BO 40 (IN FUT) 1 hch•• e0 Ic. DAM DESIM B: SHEET-. OF 1 HOWARD 10/02/23 CLS ° 1 1 SAGARRA SUBDIVISION AIAffLYC/5UlAEYlNG SCs1E DRAWN DY1 m ww NO, pua,rar,st'.,ate7�r "svtf 4�x.uv 1" = 80' CLS 230408 J i i I s i EXHIBIT A 1 SAGARRA SUBDIVISION l WATER AND SEWER EASEMENT#2 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; 1 Commencing at an aluminum cap being the northwest corner of said Section 25 and located N.89022'30"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 989.17 feet along the North line of said Section 25 to a point; thence S.00'37'30"W. a distance of 1084,47 feet to a point, said point also being the POINT OF BEGINNING; Thence S.89°22'01"E. a distance of 285.15 feet to a point; Thence S.65°13'55"E. a distance of 23.16 feet to a point; Thence S.19000'35"E. a distance of 19.26 feet to a point; Thence S.00°3729"W, a distance of 53.72 feet to a 1/2" iron pin; Thence N.89022'01"W. a distance of 20.00 feet to a point; Thence N.00°3759"E. a distance of 45.44 feet to a point; Thence N.44°22'01"W. a distance of 8.34 feet to a point; Thence N.89022'01"W. a distance of 256.87 feet to a point; Thence S.00°37'59"W. a distance of 51.33 feet to a point; Thence N.89"22'01"W. a distance of 30.00 feet to a point; Thence N.00°37'59"E. a distance of 81,33 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. � s ti 15758 ` . ��,t1i ►7 Z3�o J. 1 3 l EXHIBIT B SAGARRA SUBDIVISION WATER AND SEWER EASEMENT #2 DRAWING SHOWING A PROPOSED WATER AND SEWER EASEMENT OF SAGARRA SUBDIVISION LYING IN THE NW 1/4 OF SECTION 25, T.4N., RAW., B.M., ADA COUNTY, IDAHO, 2023. o r Gry�'1'01�A1 I W. CHINDEN BLVD. 23 24 S89'22'30"E 2669,54' 26 25 CR 2017-072469 j 989,17' 1680.37' N 1/4 SEC. 25 .r 0 n o ' to r x x O O O I O I O f0 I a I 12 I 13 S89'22'01"E 285,15' W. DIRECTOR LN. (PRIVATE) $65'13'55"E 23.16'-- M I d S19'00'35"E 19,26'O x- w� IN_89'22'01"W 2587'x '201"W ,34'1n 5 8 I I o I� 1 x 4 m1 32 N BLOCK 2 uj 71 0 N89'22'01"W 30.00' W. MALBAR ST. N89'22'01"W 20.00' LEGEND BOUNDARY LINE SECTION LINE N — CENTER LINE �-- LOT LINE —x—x—x—x— LOT LINE— ZERO SETBACK 575 — — — — EASEMENT RIGHT—OF—WAY OF1p�� GRAPHIC SCALE 30 15 30 60 1 0 (IN Fm) 1 Inch r 60 (L J.J. HOWARD 10/02/23 ° L o SAGARRA SUBDIVISION �� scuE DaCL�, oANO2304 N0. WATER AND SEWER EASEMENT EXHIBIT 8 agR,au[a,sci7�yyy�pyµq�&#_^• 1" 60' CLS 230408