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The Oaks North Subdivision No. 13 Sanitary Sewer and Water Main Easement No. 1 ESMT-2024-0027 (2024-008690) Project Name or Subdivision Name: ADA COUNTY RECORDER Trent Tripple 2024-008690 The Oaks North Subdivision No. 13 BOISE IDAHO Pgs=5 VICTORIA BAILEY 02/21/2024 09:19 AM CITY OF MERIDIAN, IDAHO NO FEE Sanitary Sewer&Water Main Easement Number: 1 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: ESMT-2024-0027 SANITARY SEWER EASEMENT THIS Easement Agreement made this 20th day of February 20 24 between Toll Southwest LLC ("Grantor")and the City ofMeridian,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 V6'HE:REAS,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 ofthis 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 01/01/2024 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 thereofagainst 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 ofany 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: To I 16L,+ L L C STATE OF IDAHO ) ss County ofAda ) This record was acknowledged before me on L/ 711-LI (date) by Ryan Hammons (n<une of individual), [eorrlplete the.Jollowirrg l signing in a representative cupucity, oi-strike rfre,iollowing I)signing in (it? hitlivichfal ccr1mcity] on behalf of Toll Southwest LLC (name of entity on behalf of whom record was executed), in the following representative capacity: Division President (type of authority such as officer or trustee) Notary Stamp Below Notary Si�re �/ 7/�2 My Commission Expires:_ KYLE PREWM Notary Public-State of Idaho Commission Number 20223246 My Commission Expires Jul 7,2028 Sanitary Sewer Easement Page 2 Version 01/01/2024 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 2-20-2024 Attest by Chris Johnson, City Clerk 2-20-2024 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 2-20-2024 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Stamp Below Notary Signature 3-28-2028 My Commission Expires: Sanitary Sewer Easement Page 3 Version 01/01/2024 Legal Description City of Meridian Sanitary Sewer Easement The Oaks North Subdivision No. 13 An easement being located in the SE '/4 of the NE '/4 of Section 28, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a Brass Cap monument marking the northeast corner of said Section 28, from which a Brass Cap monument marking the southeast corner of the NE %4 (E '/4 corner) of said Section 28 bears S 0°29'20" W a distance of 2638.62 feet; Thence S 0°29'20" W along the east boundary of said NE '/4 a distance of 2209.04 feet to a point; Thence leaving said boundary N 89022'02" W a distance of 48.00 feet to the POINT OF BEGINNING; Thence S 0°29'20" W a distance of 40.00 feet to a point; Thence N 89°22'02" W a distance of 131.42 feet to a point; Thence S 77°25'20" W a distance of 26.13 feet to a point on a curve; Thence a distance of 49.10 feet along the arc of a 55.00 foot radius non-tangent curve left, said curve having a central angle of 51°08'41" and a long chord bearing N 45'10'47" W a distance of 47.48 feet to a point; Thence N 77°25'20" E a distance of 56.35 feet to point; Thence S 89°22'02" E a distance of 135.95 feet to the POINT OF BEGINNING. This easement contains 6,825 square feet (0.157 acres) more or less and is subject to any other easements existing or in use, Clinton W. Hansen, PLS Land Solutions, PC August 24, 2023 \oNP� rgNos �`� \S T �, Gp A 0 �- 11118 OF \OP 5D �GTO N W N P� tJ The Oaks North Subdivision No 13 Land S—eying and Consulting Meridian Sewer Easement Job No. 18-35 Page 1 of 1 CITY OF MERIDIAN SANITARY SEWER EASEMENT THE OAKS NORTH SUBDIVISION NO. 13 LOCATED IN THE SE 1/4 OF THE NE 1/4 OF SECTION 28, T4N, R1W, BM MERIDIAN, ADA COUNTY, IDAHO E 1/16 - f - N89'25'35"W 1307.26' _ _ 21 22 W. CHINDEN BLVD. 26 27 0 N89'22'02"W o 48.00' N I POINT OF BEGINNING N77'25'20"E 56.35 S89'22'02"E 135.95" 1 ---6,825 SF----- o 0 0.157 ACRES j o cy) � -------- —__ • od S77'25'20"yy N89'22'02"W 131.42' Ln N z 26.13' W p CMo �pROpOSED SUBDIVISION o13 <n TH NO < 0NKS Y U Q J m Z t 0' 50' 100, 200' 1/4 28 27 CURVE TABLE CURVE # LENGTH RADIUS DELTA BEARING CHORD C1 49.10' 55.00' 51'08'41" N45'10'47"W 47.48' \QNp,L LA NOS T F G,PL �.c ir CL ob ff?8�O _ OF �� �5� Lan lutions �N yy,NP Land Surveying and Consulting 231 E.5TH ST.,STE.A MERIDIAN,ID 83642 (208)2852040 (208)288-2557 fax www.iandsolutions.biz JOB NO. 18-35