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Sagarra Subdivision No. 2 ESMT-2024-0010 (2024-006172) ADA COUNTY RECORDER Trent Tripple 2024-006172 BOISE IDAHO Pgs=5 CHE FOWLER 02/07/2024 08:26 AM Project Name or Subdivision Name: CITY OF MERIDIAN, IDAHO NO FEE Sagarra Subdivision No.2 Sanitary Sewer&Water Main Easement Number: 2 Identify this Easement by sequential number if the project contains more than one easement of this type.See instructions/checklist for additional information. For Internal Use Only Record Number: F,SMT-2024-0010 SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement made this 6th day of February 20 24 between High Desert Development Linder Village,LLC ("Grantor")and the City ofMeridian,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. T O HAVE AND T O 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 01/01/2024 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: High Desert Development Linder Village, LLC By:Josepp/6. Huarte, ager STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on 1 I f a I ' O q(date) by Joseph D. Huarte (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 High Desert Development Linder Village,LLC in the following representative capacity: Manager (type of authority such as officer or trustee) ELI1�a RETT" COMMISSION .20221608 (— NOTARY PUBLIC STATE OF IDAHO Notary Signature My Commission Expires:, U v V Sanitary Sewer and Water Main Easement Page 2 Version 04/17/2023 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor - - 207T— 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 3-28-2028 My Commission Expires: Sanitary Sewer and Water Main Easement Page 3 Version 04/17/2023 EXHIBIT A SAGARRA SUBDIVISION 00- 2 WATER AND SEWER EASEMENT 02 A water and sewer easement located in Lot 12 and 13 Block 1 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;thence 5.89'22'30"E. a distance of 2551.07 feet along the north line of said Section 25 to a point; thence S.00°37'30"W. a distance of 500.01 feet to a point, said point also being the POINT OF BEGINNING; Thence S.89°27'27"E. a distance of 20.00 feet to a point; Thence 5.00'32'03"W. a distance of 57.89 feet to a point; Thence N.89°21'24"W. a distance of 20.00 feet to a point; Thence N.00°32'03"E. a distance of 57.85 feet to a point also being the POINT OF BEGINNING. Said parcel contains 0.03 acres, more or less, and is subject to all existing easements and right- of-ways of record or implied. N�� N 15758 IZ—I R-23 10 / OF C J gyp+ EXHIBIT B SAGARRA SUBDIVISION NO. 2 WATER AND SEWER EASEMENT #2 EXHIBIT DRAWING SHOWING A WATER AND SEWER EASEMENT FOR SAGARRA SUBDIVISION NO. 2 LYING IN THE NW 1/4 OF SECTION 26, UN., RAW., B.M., ADA COUNTY, IDAHO, 2023. CR 2017-072470 W. CHINDEN BLVD. 23 24 _ S89-22'30-E 2659.54' 26 25 2551.07' 118.4 CR 2017-072469 N 1/4 SEC. 25 � a ,Qi o p� N N 589'27'57-E LEGEND 20.00' I • SECTION LINE I I LOT LINE A, CENTER UNE ( I 'Y — — — — — — EASEMENT I ALUMINUM CAP 9 CALCULATED POINT-NOT SET ml I N V BROKEN UNE N (� �I I� n o zl IN I I I y� S I I Pao Q N89'21'24`W 15700 0 g 20.00' S89'21'24"E 7.45' W. ORCHARD PARK DR. i OFF® GRAPHIC SCALE 10 5 10 20 40 (w�T) 1 Nch Q1 9ECL BY: ]� _ SHEET; OF J.J. HOWARD 12/13/23 cLs /�\® /� ° 1 1 SAGARRA SUBDIVISION No. 2 WN scNe DISAwR�: DR,urwc eo. auemrza/.iw .r.v 1" = 2D' CLS ------ WATER AND SEWER EASEMENT — EXHIBIT B