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Meridian Home2 Suites Sanitary Sewer Easement No.1 ESMT-2023-0172 (2023-067994) Project Name(Subdivision): Met'Idlatl HOtI'le2 Suites ADA COUNTY RECORDER Trent Tripple 2023-067994 BOISE IDAHO Pgs=5 ANGIE STEELE 12/06/2023 08:20 AM Sanitary Sewer Easement Number: 1 CITY OF MERIDIAN, IDAHO NO FEE Identify this Easement by sequential number if Project contains more than one sanitary sewer easement. (See Instructions for additional information): ESMT-2023-0172 SANITARY SEWER EASEMENT THIS Easement Agreement, made this 5th day of December 20 23 between GARDEN RIVER, LLc ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer 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 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 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. 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. Sanitary Sewer Easement Page 1 Version 04/17/2023 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: GARDEN RIVER, LLC —--- STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on. 15 20T date by I :[�l,�ri ,)o`rvfsts 1 (name of individual), [complete the following if signing in a representativ�ity, or strike the following if signing in an individual capacity] on behalf of 'n i�j Lr u (name of entity on behalf of whom record was executed), in the following representative capacity: (type of authority such as officer or trustee) (stamp) An Anton CommissionNurnw-AM57 Notary Signature Not ,!� � a21noZg My Commission Expires:_ Sanitary Sewer Easement Page 2 Version 04/17/2023 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 12-5-2023 Attest by Chris Johnson, City Clerk 12-5-2023 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 12-5-2023 (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 Easement Page 3 Version 04/17/2023 LEGAL DESCRIPTION --- THE LAND Page 1OF 1 000GROUP November 7, 2023 Project No.: 122120 EXHIBIT A SEWER EASEMENT PORTICO—HOME 2 SUITES CITY of MERIDIAN An easement located in Lot 4 of Block 2 of the plat showing Gardner—Ahlquist Gateway Subdivision No.1, as same is shown on the official plat thereof,filed in Book 100 at Page 12936,Ada County records, located in the Northwest one quarter of the Northwest one quarter of Section 16,Township 3 North, Range 1 East, Boise Meridian, City of Meridian,Ada County, Idaho, being more particularly described as follows: COMMENCING at the northwest corner of said Lot 4, (from which the Northwest corner of Section 16 bears, North 61*28'47"West, 765.58 feet distant); Thence on the west boundary line of said Lot 4, South 00' 18' 54" East, 81.95 feet to the POINT OF BEGINNING. Thence leaving said west boundary line, North 88' 50'02" East, 51.73 feet; Thence South 01'09' S8" East, 20.00 feet; Thence South 88' 50' 02" West, 52.03 feet to a point on said west boundary line; Thence on said west boundary line, North 00' 18' 54" West, 20.00 feet to the POINT OF BEGINNING. The parcel of land contains 0.024 Acres (1,038 Ftz), more or less. PREPARED BY: The Land Group, Inc. S��pL LA Michael Femenia, PLS ��5 ��CEN o a 13 5 .2 EOF � Al s 11/U7/2U23 462 East Shore Drive, Suite 100, Eagle, Idaho 83616 208.939.4041 thelandgroupinc.com S. 8 S. 9 AHLQUIST GATEWAY SUBDIVISION No. 1 S. 17 S. 16 - - - -- - - • / NW CORNER LOT 4, BLOCK 2 T ca 1 0 l � o E SEWER EASEMENT o- POB I ia 0.024 Acres± r� — L1 (1,038 Fe) Iw LU A =11 ILU V L3 GARDNER -AHLQUIST GATEWAY SUBDIVISION No. 1 I �_ W � CD � I o BLOCK 2 CD � C) I I4 O I I r^ Sewer Easement l W I° for ~ City of Meridian Situated in a Portion of the NW 1/4 of the NW 1/4 of Section 16 I I r Township 3 North, Range 1 East, Boise Meridian z City of Meridian,Ada County,Idaho I o 2023 I �, I ? to co pl LA N \GEN Iw c� 13 5 W > I � OF Line Table `SAL s I LINE BEARING LENGTH L1 N88°50'02"E 51.73' I L2 S01'09'58"E 20.00' L3 S88°50'02"W 52.03' \ L4 N00°18'54"W 20.00' \_ 3 E Exhibit B o 60' 120' a Horizontal Scale: 1" = 60' Project No.:122120 12 Date of Issuance:November 7,2023 z EX&V144THE Sewer Easement Irm "cT BLAND Portico - Home 2 Suites o gig$ MOROUP City of Meridian