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Graycliff Subdivision No. 4 Temporary Construction ESMT A and B ESMT-2023-0174 (2024-006165) Project Name Subdivisio : ADA COUNTY RECORDER Trent Tripple 2024-006165 Graycliff Subdivision No. 4 BOISE IDAHO Pgs=10 CHE FOWLER 02/07/2024 08:23 AM CITY OF MERIDIAN, IDAHO NO FEE Easement A arid B ESMT-2023-0174 TEMPORARY CONSTRUCTION EASEMENT THIS Agreement,made this 6th day of Feb. , 20 24 between KB Home Idaho LLC ("Grantor")and the City of Meridian,an Idaho Municipal Corporation("Grantee"); WHEREAS, Grantor has provided a water main and/or sanitary sewer pipeline right-of- way easement across the premises and property adjacent to the Temporary Construction Easement hereinafter described;and WHEREAS, the utility infiastructure is to be provided for through an underground pipeline to be constructed by others; and 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 a temporary easement right-of-way over and across the following described property: (SEE ATTACHED EXHIBIT A and B) This Temporary Construction Easement is for the purpose of construction of a water main and/or sanitary sewer line and related incidental work and storage of materials related to the construction process. TO HAVE AND TO HOLD,the said easement and right-of-way unto the said Grantee,its contractors, agents, successors and assigns. This easement shall terminate and expire 30 days after the installation and acceptance of said underground utility infrastructure by the Grantee. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after installing and accepting said sanitary sewer and/or water main infrastructure, 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. TEMPORARY CONSTRUCTION EASEMENT Page 1 Version 04/17/2023 THE GRANTOR hereby 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 they are lawfully seized and possessed of the aforementioned and described tract of land,and that they have a good and lawful right to convey said easement. This easement is subject to all prior easements and encumbrances of record or apparent upon the aforementioned and described tract of land. IN WITNESS WHEREOF, the said parties have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: KB Home Idaho LLC Thomas Coleman, Division President for KB Home ID LLC STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on \-`Z2- 1LEI (date) by Thomas Coleman _ (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 KB Home Idaho LLC (name of entity on behalf of whom record was executed),in the following representative capacity: Division President (tvne of authority such as officer or trustee) ri0T'4 r- otary Signature • A • My Commission Expires: 9 ■''�■+0*''y�� ••'� 5ABRINA DURTSCHI ''• OF 10?' .►`` COMMISSION#46693 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 04/27/202v r TEMPORARY CONSTRUCTION EASEMENT Page 2 Version 04/17/2023 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 2-6-2-24 Attest by Chris Johnson,City Clerk 2-6-2024 STATE OF IDAHO, ) ss. County of Ada ) This record was acknowledged before me on 2-6-2024 (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 TEMPORARY CONSTRUCTION EASEMENT Page 3 Version 04/17/2023 Exhibit A CITY OF MERIDIAN TEMPORARY UTILITY EASEMENT "A" GRAYCLIFF ESTATES SUBDIVISION NO. 4 LOCATED IN THE SE 1/4 OF SECTION 25, T.3N., R.1 W., B.M CITY OF MERIDIAN, ADA COUNTY, IDAHO N89'23'56"W 1320.68' _ _ CE 1/16 C 1/4 1112.42' BASIS OF BEARING 208.26' W, HARRIS ST. C� Qprn o v cF� W. LEARMONT ST. ro •i§b a �G•r. ��0 \1 \ N ` 0�10 GRAYCLIFF ESTATES SUBD. NO. 4 w Q S89'32'35"E 60.00' z 60.34' 21.01' � N88'35'09"W 1,234 SF 0.028 ACRES 25 1/4 36 W. AMITY RD. oNp L LA ND T� ,p 0 11118 Z �113�° z E OF ON w.NP 0' 75' 150' 300' L �d o'ut®on I 6on I I Land Surveying and Consulting 231 E STM ST,STE A MERIDIAN,ID 83642 (208)288-2040 1208)288-2557 fax www landsolulions biz dog No Zf-29 Exhibit B Legal Description City of Meridian Temporary Utility Easement "A Graycliff Estates Subdivision No. 4 An easement located in the SE '/4 of Section 25, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a 5/8 inch diameter iron pin marking the northeast corner of the NW%of the SE '/4 (CE 1/16 Corner) of said Section 25, from which a 5/8 inch diameter iron pin marking the northwest corner of the SE '/4 (Center '/4 Corner) of said Section 25 bears N 89°23'56" W a distance of 1320.68 feet,- Thence along the northerly boundary of said NW '/4 of the SE '/4 N 89°23'56" W a distance of 208.26 feet to a point; Thence leaving said boundary S 0°36'04" W a distance of 843.45 feet to a 5/8 inch diameter iron pin marking an angle point on the easterly boundary of Graycliff Estates Subdivision No. 3, as shown in Book 126 of Plats on Pages 20216 through 20218, records of Ada County, Idaho; Thence S 48045'09" W a distance of 636.63 feet to the POINT OF BEGINNING; Thence S 89°32'35" E a distance of 60.00 feet to a point; Thence S 0027'25" W a distance of 21.01 feet to a point; Thence N 88035'09" W a distance of 60.34 feet to a point; Thence N 1°24'51" E a distance of 20.00 feet to the POINT OF BEGINNING. This easement contains 1,234 square feet (0.028 acres) and is subject to any other easements existing or in use. Clinton W. Hansen, PLS \pNPL Land Solutions, PC November 20, 2023 Q, m o 11118 x 0 F �C-D� T0N ter �P Graycliff Estates Subdivision No.4 Land Surveying and Consulting Meridian Temporary Utility Easement A Job No.21-29 Page 1 of 1 Project Name(Subdivision): Graycliff Subdivision No. 4 Easement B TEMPORARY CONSTRUCTION EASEMENT THIS Agreement,made this 6th day of Feb , 20 24 between KB Home Idaho LLC ("Grantor")and the City of Meridian,an Idaho Municipal Corporation("Grantee"); WHEREAS, Grantor has provided a water main and/or sanitary sewer pipeline right-of- way easement across the premises and property adjacent to the Temporary Construction Easement hereinafter described; and WHEREAS, the utility infrastructure is to be provided for through an underground pipeline to be constructed by others; and 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 a temporary easement right-of-way over and across the following described property: (SEE ATTACHED EXHIBIT A and B) This Temporary Construction Easement is for the purpose of construction of a water main and/or sanitary sewer line and related incidental work and storage of materials related to the construction process. TO HAVE AND TO HOLD,the said easement and right-of-way unto the said Grantee,its contractors, agents, successors and assigns. This easement shall terminate and expire 30 days after the installation and acceptance of said underground utility infrastructure by the Grantee. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after installing and accepting said sanitary sewer and/or water main infrastructure, 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. TEMPORARY CONSTRUCTION EASEMENT Page 1 Version 04/17/2023 THE GRANTOR hereby 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 they are lawfully seized and possessed of the aforementioned and described tract of land,and that they have a good and lawful right to convey said easement. This easement is subject to all prior easements and encumbrances of record or apparent upon the aforementioned and described tract of land. IN WITNESS WHEREOF, the said parties have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: KB Home Idaho LLC t 1 Thomas Coleman, Division President for KB Home ID LLC STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on (date) by Thomas Coleman _ (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 KB Home Idaho LLC (name of entity on behalf of whom record was executed),in the following representative capacity: Division President (ry Inc of authority such as officer or trustee) SABRIN CHI COMMISSION#46693 NOTARY PUBLIC Notary Signature STATE OF IDAHO My Commission Expires: MY COMMISSION EXPIRES 04/2V2024 TEMPORARY CONSTRUCTION EASEMENT Page 2 Version 04/17/2023 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 2-6-2024 Attest by Chris Johnson,City Clerk 2-6-2 0 24 STATE OF IDAHO, ) ss. County of Ada ) This record was acknowledged before me on 2-6-2024 (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: TEMPORARY CONSTRUCTION EASEMENT Page 3 Version 04/17/2023 Exhibit A CITY OF MERIDIAN TEMPORARY UTILITY EASEMENT "B" GRAYCLIFF ESTATES SUBDIVISION NO. 4 LOCATED IN THE SE 1/4 OF SECTION 25, T.W. RAW., B.M. CITY OF MERIDIAN, ADA COUNTY, IDAHO A N89'23'56"W 1320.68' _ CE 1/16 C 1/4 1112.42' BASIS OF BEARING 208.26. W RABBIS ST. c ..I-:Ln o: 14- I s c'pq� f '0 I W. LEARMONT ST. � l o_ GRAYCLIFF ESTATES SUBD. NO. 4 1 g; I 1,595 SF 0.037 ACC_ F—t. POINT OF BEGINNING : 61_34 ^ _ N N1'24'51"E/1___I1,i 20.00' 59.89' v, N88'35'09"W 25 1/4 36 W. AMITY RD. O�p,L LA N4 5` 1 S TER SG�� a 11118 ;U L�T 0V' (1 (1.v 1 t3 ,� 2 rE 0 F �� oN W.NP 0' 75' 150' 300' Lan olutions Land Surveying and Consulting 231 E 5TH ST,STE.A MERIDIAN,ID 83642 (208)288-2040 (208)268-2557 fax www landsolutions biz JOB NO 21-29 Exhibit B Legal Description City of Meridian Temporary Utility Easement "B" Graycliff Estates Subdivision No. 4 An easement located in the SE '/4 of Section 25, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a 518 inch diameter iron pin marking the northeast corner of the NW'/4 of the SE '/4 (CE 1/16 Corner) of said Section 25, from which a 5/8 inch diameter iron pin marking the northwest corner of the SE '/4 (Center % Corner) of said Section 25 bears N 89023'56" W a distance of 1320.68 feet; Thence along the northerly boundary of said NW'/4 of the SE '/4 N 89°23'56" W a distance of 208.26 feet to a point; Thence leaving said boundary S 0036'04" W a distance of 843.45 feet to a 5/8 inch diameter iron pin marking an angle point on the easterly boundary of Graycliff Estates Subdivision No. 3, as shown in Book 126 of Plats on Pages 20216 through 20218, records of Ada County, Idaho; Thence S 26°07'57" E a distance of 577.40 feet to the POINT OF BEGINNING; Thence N 78°55'26" E a distance of 61.34 feet to a point; Thence S 1°24'51" W a distance of 33.27 feet to a point; Thence N 88°35'09" W a distance of 59.89 feet to a point; Thence N 1°24'51" E a distance of 20.00 feet to the POINT OF BEGINNING. This easement contains 1,595 square feet (0.037 acres) and is subject to any other easements existing or in use. Clinton W. Hansen, PLS ONNL LANoS Land Solutions, PC ,s T ER Up November 20, 2023 4 11118 ° Cl) <, 9T� OF � 0 � 2� N W \A Graycliff Estates Subdivision No.4 Land Surveying and Consulting Meridian Temporary Utility Easement B Job No.21-29 Page 1 of 1