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Skybreak Subdivision No. 3 Sanitary Sewer and Water Main Easement No. 1 ESMT-2023-0171 (2023-067998) ADA COUNTY RECORDER Trent Tripple 2023-067998 BOISE IDAHO Pgs=5 ANGIE STEELE 12/06/2023 08:22 AM CITY OF MERIDIAN, IDAHO NO FEE ProleetName SSnbdivlsionl: Skybreak Subdivislpn No.3 Sanitary Sewer&Water Main Easement Number: Identify ibis—Easement by sequential number if Project contains more than one easement of this type, (See Instructions for additional infonnation). ESMT-2023-0171 SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made this 5th day of December 20 23 between G20 PLC ("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. Sanita►y 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: Ch a U,�Se I-vy, ""Vfy)-WL�5 STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on l (date) by (name of individual), [complete the following if signing in a representat' e cap i , or strike the following if signing in an individual capacity] on behalf of 'to`ZD (name of entity on behalf of whom record was executed), in the following representative capacity:_ (type of ••••a'LE0808''•a,� authority such as officer or trustee) s� �•�pTAR Y••� •_; (stamp) lu i UBLIG�A) •.�°•� �, Notary Signature • - oa �'•;•cl ,•.;�No.2 •.••�.�•.• My Commission Expires: '•.ATE OF'ftel o tO••,• Sanitary Sewer and Water Main Easement Page 2 Version 04/17/2023 I GRANTEE; CITY OF MERIDIAN Robert E. Simison, Mayor 12-5-2023 Attest by Chris Johnson,City Clerk 12-5-2023 x 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 3-28-2028 My Commission Expires: 4 1 k 7 t s 1PP' Y t Sanitary Sewer and Water Main Easement Page 3 Version 04/17/2023 Sawtooth Land Surveying, LLC s ---�-- P: (208) 398-8 104 F: (208) 398-8!05 2030 5. Waf>hington Ave,, Emmett; ID 83G 17 Sewer and Water Easement Legal Description BASIS OF BEARINGS is N. 0112'52"E. between a found aluminum cap marking the W1/4 corner and a found aluminum cap marking the northwest corner of Section 4,T. 2 N,, R. 1 E., B.M., Ada County, Idaho. An easement located in the SW1/4 of the NW1/4 of Section 4, Township 2 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at a 5/8"rebar/cap PLS 11574 marking the northwest corner of Lot 54, Block 3, Skybreak Subdivision No. 1, as shown in Book 125 of Plats, at Pages 20019-25, Ada County Records; I Thence N. 89047'08"W., 79.50 feet to the beginning of a curve to left and the POINT OF BEGINNING; Thence 47.91 feet along the arc of said curve, with a radius of 30.50 feet, a central angle of 90000'00", subtended by a chord bearing S. 45012'52"W., 43.13 feet; Thence S. 0°12'52"W., parallel with the west line of said SW1/4 of the NW1/4,a distance of 325.50 feet to a 5/8"rebar/cap PLS 11574 on the boundary of said Skybreak Subdivision No. 1; Thence coincident with said boundary, N. 89047'08"W., 34.00 feet to a 1/2"rebar/cap PLS 11574; Thence leaving said boundary, N. 0012'52"E., parallel with said west line, 325.50 feet to the beginning of a curve to the right; Thence 40.02 feet along the arc of said curve, with a radius of 64.50 feet, a central angle of 35132'55", subtended by a chord bearing N. 17059'20"E., 39.38 feet; Thence S, 42005'20"E., 9.46 feet; Thence S. 89047'08"E., 46.11 to the POINT OF BEGINNING. The above described easement contains 0.282 acres more or less. b. P:\2023\1 EMT\123110-SKYBREAK SUB PH3 FINAL PLAT\Survey\DrawingS\Legal Descriptions\123110 Skybreak Phase 3 sewer water ease.docx Page 11 �d] 32 I.33 PLS 4431 5 4 1\ 0 5 ,4~ 589°5222°E 1321.03' S8905641"W 1321.10' E. E PENNIE LANE N ____.-.-�U... E. CORNER W1116 CORNER CNII 6 CORNER PLS 645 PLS 4347 PLS 13550 CPF#2022-096554 CPF#2022-096555 46,11' t 5 42°05'20"E S 89°47'08"E 9.46' E. CEAARHURST LANE I W PRIVATS) f r NTS �, ,Gti ll +Rt i i POCNT OF [ M y )Mcuf WG f 0.282 AC± I 54 55 .y� i rd Iti � a N 53 ZO I y�Gv,1V8' , ' ' moo. . +,ten !;i ccq OF BE 51 49 Q y 5D 1 � y 1 o N 89 4raa w~--- 47 34.00' �__--- 48 E.�VADONIA LAND (PRIVAT>;) 1 _ SKY}]RSAK SClHIVISTOt+T NO, 1 __ BK 126 PG 20019-25 CURVE TABLE CURVE ARC LENGTH I RADIUS I DELTAANGLEJ CHORD BEAFUNG1 CHORD LENGTH ! 114 CORNER E. VANTAGE POINTE LANE Cl 47.91' 1 30.50' 1 90000'00" 1 S 4501252"W 43,13, /LlEGIBLE C2 40.02' 64.50` 35°32'55" N 17°59'20"E 39.38' I PROJECT: OWNER/DEVELOPER: 2030 S. WASNINGTON AVE. DWG# SANITARY SEWER/WATER EASEMENT EMMETT; 10 83617 "?'ID-Of EXHIBIT CONGER P: (208)398-8104 PROJECT# THE SWI/4 OF THE NW114 F. (208)398-6105 123110 SECTION 4, T.2 N.,R. 1 E.,B.M., �/�/ (/(/�f SHEET ADA COUNTY,IDAHO DATE: 10/2023 WWW,SAWTOOTHtS.GOM 1 OF1 1 f