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Foxcroft Subdivision No. 2 and 3 Sanitary Sewer Easement ESMT-2024-0028 (2024-015458) Project Name or Subdivision Name: ADA COUNTY RECORDER Trent Tripple 2024-015458 Foxcroft Subdivision No. 2 and 3 BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 03/27/2024 08:10 AM CITY OF MERIDIAN, IDAHO NO FEE Sanitary Sewer&Water Main Easement Number: 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 ESMT-2024-0028 Record Number: SANITARY SEWER EASEMENT THIS Easement Agreement made this 26th day of March 20 24 between Open Door Rentals LLC and Viper Investments 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 file 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 ally 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: STATE OF IDAHO ) sS County of Ada ) This record was acknowledged before ale on-Feb.S 16L4 (date) by� ✓�_e (name oflndlvldUal), [complete the,1011owing i signing in a rejwemntalive capacity, or-.ctr•ike the./o!!o>ving if signing in cat irtclit�ic/tra! capercityf on behalf of— ' v r� L S LC (name of entity on behalf' of whom record was executed), in the allowing representative capacity: c°rwher- (type of authority such as officer or trustee) Notary Stamp Below Notary Signature _ ADAIR KOLTES My Commission Expires:_b'os -Z Notary Public- State of Idaho Commission Number30052 My Commission Expires 06-05-2026 Sanitary Sewer Easement Page 2 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 law[•ully 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 of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their siptatures the day and year first herein above written. GRAN- R: STATE OF lDAHO ) ss County of Ada ) This record was acknowledged before me on Eh, S laLq (date) by_06rn4 ,.1+,1 (name of individual), [contplete thefollvwing i Signing in a representative capacity, yr strike thefWotirying l f slgnt-ng ut an individual c•apacityJ oil behalf of r, 12� (name oh entity on behalf of whom record was executed), in the following representative capacity: M P�.l,,.er (type ofauthority such as officer or trustee) Notary Stamp Below Notary Signature ADAIR KOLTES My Commission Expires: 12 Zg Notary Public-State of Idaho Commission Number30052 My Commission Expires 06-05-2028 Sanitary Sewer Easement Page 2 Version 01/01/2024 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. Notary Stamp Below Notary Signature My Commission Expires: 3-28-2028 Sanitary Sewer Easement Page 3 Version 01/01/2024 Description for Sanitary Sewer Easement Foxcroft Subdivision December 18, 2022 A portion of the South 1/2 of the Northeast 1/4 of Section 10, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho more particularly described as follows: Commencing at the Center 1/4 corner of said Section 10 from which the East 1/4 corner of said Section 10 bears South 89036'02" East, 2655.68 feet; thence on the east-west centerline of said Section 10, South 89036'02" East, 1 ,093.56 feet; thence leaving said east-west centerline, North 00"23'58" East, 45.00 feet to the POINT OF BEGINNING; thence continuing North 001123'58" East, 124,40 feet; thence North 71 P48'21" East, 84.01 feet; thence North 00°03'48" East, 262.51 feet; thence South 89"56'12" East, 134.43 feet; thence North 45903'48" East, 29.80 feet; thence North 00"03'48" East, 128.92 feet; thence North 89944'54" East, 58,83 feet; thence South 04P27'00" West, 5,23 feet; thence South 85032'17" East, 52,93 feet; thence South 43'18'48" West, 58.56 feet; thence South 89°44'54" West, 51 .08 feet; thence South 00003'48" West, 118.10 feet; thence North 89056'12" West, 134.43 feet; thence South 45P03'48" West, 29.80 feet; \�NPL LAly� � �.�GENSFO G o a, 1 779 I z —,r YM McCPM� Page 1 of 2 thence South 00°03'48" West, 235,90 feet; thence South 71°48'21" West, 67.49 feet; thence South 36p06'09" West, 26.98 feet; thence South 00"23'58" West, 76.04 feet; thence South 89"36'02" East, 18.50 feet; thence South 00023'58" West, 17.38 feet to the north right-of-way line of W. Pine Avenue; thence on said north right-of-way line, North 89036'02" West, 38.50 feet to the POINT OF BEGINNING, Containing 19,930 square feet or 0.46 acres, more or less. End of Description. _r ONp L L ANO E N SF L9 1 779 N� o 0 9TF O F oyM M c C P�`� Page 2 of 2 1V Scale: 1 =200' 0 50 100 200 400 L4, NO'03'48"E L3 L5 128.92' ' VIPER S89'56'12"E L6 S43'18'48"W INVESTMENTS 134.43' S8.56' LLC �`L SO'03'48"W �n 1 118.10' \� v (0 3 N89'56'12"W v��N w c0 a 134.43' o 00 rn d• i+T uj to p n " p 0 N N71'4884101 Z OPEN DOOR RENTALS LLC NO'23'58"E \,8 ` 124.40' o L9 Point of - L11 Beginning L12 -----�:L13` W. Pine Ave. 1/4 C 1/� - .1093.56' - - - - - - - 1562.12' - - - - - - • •S.10 .,, S89'36'02"E 2655.68' S.10 S.11 BASIS OF BEARING LINE TABLE LINE TABLE 0,OL LANQ� LINE BEARING LENGTH LINE BEARING LENGTH �. 'EN�� � L1 NO'23'58"E 45.00 1-8 S71'48'21"W 67.49 Cr O 1-2 N45'03'48"E 29.80 L9 S36'06'09"W 26.98 a. 11779 cA/ 0 L3 N89'44'54"E 58.83 L10 SO'23'58"W 76.04 � /8/Zfl22.r _ �QogT c OF \QP�� L4 S4'27'00"W 5.23 L11 S89'36'02"E 18.50 r� McCPN`� L5 S85'32'17"E 52.93 L12 SO'23'58"W 17.38 L6 S89'44'54"W 51.08 L13 N89'36'02"W 38.50 L7 S45'03'48"W 29.80 `gy-1 II�AI`I� EXHIBIT DRAWING FOR JOB NO, SURVEY 110oov, r1AI.08I. SANITARY SEWER EASEMENT 21-159 ' U018C IOAHDAH009104 SHEET N0. 4; (200)e46-e5ro FOXCROFT SUBDIVISION 1 GROUP, LLC A PORTION OF THE S1/2 OF THE NEI/4 OF SECTION 10, T.3N.. R.1W„ B.M., DING. DATE CITY OF MERIDIAN, ADA COUNTY, IDAHO 12/18/2022