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Apex Northwest Subdivsion No. 4 ESMT-2024-0005 (2024-015452) ADA COUNTY RECORDER Trent Tripple 2024-015452 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 03/27/2024 08:08 AM CITY OF MERIDIAN, IDAHO NO FEE Project Name or Subdivision Name: Apex Northwest Subdivision No.4 Sanitary Sewer&Water Main Easement Number:—I - Identify this Easement by sequential number ifthe project contains more than one easement of thistype.See instructions/checklist for additional information. For Internal Use Only ESMT-2024-0005 Record Number: SANffAHY SEWER AISM WATER MAIN EASEME T THIS Easement Agreement made this 26th day of March 20 24 between Monte C.Miller and Maureen E.Miller, ("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 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: Monte C. Miller - aureen F-. I er STATE OF IDAHO ) ss County of Ada 'j 7 N This record was acknowledged before me on Vl ( (date) by O Q Monte C.and Maureen E.Miller (name of individual),CO EEpleaa-�1�8el�og Sbgiit�tg—Iit-1� r -re�resrers�sfii�e-errpae��}+,- er��tri#�ilie- o>x1�+meS' srgrri�rg`;ir��rr-txc�i�iduc��-eapde;tp)-©A r0)UOU N -j W belial€©€---------------- - -------------- e- f--e 4� -behalf-4-whem rveqF -was v Z CO a� ��c�s ,-in-tlo llewi r r�s�tativs� r�i o°- LL w aatlioy-s> as4€filer-ova} Fn ro z2 ¢w 0 I— I-. _ 00Z� U2 rol S324IdX3 OISSIWWOC)"Y c� V01 d0 31VIS nand A� JVLON Not SignatureU NOISSIwwOO My Commission Expires:,wooiN eoNdWd Sanitary Sewer and Water Main Easement Page 2 Version 04/17/2023 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 3-26-2024 Attest by Chris Johnson, City Clerk 3-26-2024 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 3-26-2024 (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 Sanitary Sewer and Water Main Easement Page 3 Version 04/17/2023 km E N G I N E E R I N G October 11,2023 Project No.:22-023 Lake Hazel Rd.Sewer and Water Project City of Meridian Sewer and Water Easement Legal Description Exhibit A A parcel of land for a City of Meridian sewer and water easement being situated in a portion of the Northwest 1/4 of the Northeast 1/4 of Section 6, Township 2 North, Range 1 East, B.M.,City of Meridian,Ada County, Idaho being more particularly described as follows: Commencing at a 5/8-inch rebar marking the North 1/4 corner of said Section 6,which bears N89°42'21"W a distance of 2,640.00 feet from an aluminum cap marking the Northeast corner of said Section 6,thence following the northerly line of the Northeast 1/4 of said Section 6,S89.42'21"E a distance of 36.00 feet; Thence leaving said northerly line, S00'17'39"W a distance of 46.00 feet to the POINT OF BEGINNING. Thence S89`42'21"E a distance of 54.00 feet; Thence S00°17'39"W a distance of 10.00 feet; Thence N89°42'21"W a distance of 54.00 feet; Thence N00°17'39"E a distance of 10.00 feet to the POINT OF BEGINNING. Said parcel contains a total of 540 square feet, more or less,and is subjectto all existing easementsand/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. N 12459OF 0 . BALy� o r i - Zo Z'S 5725 North Discovery Way • Boise, Idaho 83713 • 208,639.6939• kmengllp.com POINT OF COMMENCEMENT 1/4 CORNER SECTION 6 NE CORNER SECTION 6 FOUND 5/8" REBAR FOUND ALUMINUM CAP 31 �jN BASIS OF BEARING E. Lake Hazel Rd. 31 32 O N89'42 21"W 2640.00' — T — 6 36.00' T 2604.00' 6 5 SOO*17'39"W L0 PRESCRIPTIVE -� 46.00' (TIE) N b RIGHT-OF-WAY I R/W R/W R/W— o R/W R/w-10 R/w R/w— Q POINT OF I PROPOSED C7 I BEGINNING RIGHT-OF-WAY N1 R/WS89'42'21" 54.00'R�W Jnl O R/W�R/W N00'17'39"E 10,L _______-1--�S00'17'39"W I 10.00' N89'42'21"W 54.00' 10.00' T [J 6 6 PROPOSED CITY OF MERIDIAN s SEWER AND WATER EASEMENT M W Unplatted Monte Miller a APN: S1406120800 0 3 a m z 0 m a a 3 0 i r z W IN 0 30 60 90 D Plan Scale: V =30' W 3 W N M N O N N E N G 1 N E E R I N G m 5725 NORTH DISCOVERY WAY x BOISE,IDAHO 83713 PHONE(208)639.6939 Exhibit B kmenBllp.Cam a City of Meridian Sewer and Water Easement DATE: Octo ber2023 s P R7JE CT: 22-023 SHEET: Lake Hazel Rd. Sewer and Water Project a 1 OF 1 NW 1/4 NE 1/4 Sec. 6, T2N, R1E, BM, City of Meridian, Ada County, Idaho