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Z - Whistle Stop Subdivision Sewer and Water Main No. 1ADA COUNTY RECORDER Christopher D. Rich 2018-069210 BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 07/25/2018 10:36 AM CITY OF MERIDIAN, IDAHO NO FEE Proi ect Name (Subdivision): Whistle Stop Subdivision Sanitary Seiver & Water Main Easement Nurnbm one Identify this Easement by sequential number ifProject contains more than one easement of this type. (Sue Instructions for additional infonnation). SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made this 2-41VI day of j��, � P) 20 between Biltmore CompanX ("Grantor"), and the City of Meridian, an Idaho Municipaleolporation ('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. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's 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 Stich 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 will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the Sanitary Sewer and Water Main Easement REV,- 03/26/2018 purposes stated herein. 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. STATE OF IDAHO ) ) ss County of Ada This record was acknowledged before me on (date) by 4CAcfj IF, AYYVX , .-(name of individual), on behalf of 9jCo , in the following representative capacity: MY Signature Sanitary Suver and Water Mail' Easement REV. 03/26(2018 Meridian City Council Meeting Agenda July 24, 2018 — Page 100 of 534 STATE OF IDAHO, ) : County of Ada This record was aclmowledged before me on I- QA'2L&ate) by Tammy do Weerd and C.Jay Coles on behalf of the City of Meridian, in flieir capacities as Mayor and City Clerk, respectively. Sanitary Sewer and Water Main Easement REV. 03/26/2018 WVAlt)"e, EXHIBIT . DESCRIPTION FOR CITY OF MERIDIAN $EWER AND WATER EASEMENT 'WHISTLE $TOP SUBDIVISION A portion of Lot 2, Bloom 1 of Tramore Subdivision as filed in Boob 87 of Plats at Pages' 9825 and 9826, records of Ado County, Idaho located in the N112 of the SW 1/4 of Section; 12, Township 3 North, Range 1 West, Boise Meridian, Meridian, Ada County, Idaho, more particularly described ss fellows: EASEMENT I. Commencing at the NW corner of said Lot t, thence along the North boundary line of said Lot 2 South 89°30'16" East 10.00 feet;; thence leaving; said North boundary line South 00030'23"West, 220.02 feet; thence South 89029'37" East, 20.00 feet to the DEAL, POI ,NT OF BECINNING1 thence North 89"1358" East, '13.20 feet; thence South 0003633" West, 98,05 feet„ thence South 6018'29" East, 6.99 feet; thence South 00030`23" West, 6.78 feet; thence North 61 009'37" West, 22.73 feet;; thence North 00"3U23" East, 92.73 feet to the REAL. POINT OF BEGINNING,:. 1Pago i of I Meridian City Council Meeting' Agenda July 24, 2018 — Page 102 of 534 RP A NO -30'23"t 24.06' i rj�eo.31.8$" I 1.0 60 1E3q ti 34 l2Ci SCALE; 1:, 60' - - EXISTING EASEMENT NEW SEWER i EASEMENT AND WATER � }AH EXHIBIT r. DRAWING F OH 17-447 1450t.WATERT0%''SR8T DITY OF ;MERIDIAN SEWER & WATER EASEMENT SHEET Nc SURVEY SUIT30 fA5A=N aSttlaUAN.11lAttO8W2 WHISTLE STOP SUBDIVISION 1W LQ r LOT 7. 9L K I. t)F tR/ i0 SUBDI%46iON LOCAM IN THE N1f2 OF !HE SW 1/4 GROUP, Ol SE1.110L 112 T.3N., RAW, 8,M, MERIDIAN, AAA OOUNTYe fDMO 7f4/2611 Meridian City Council Meeting Agenda July 24, 2018 Page 103 of 534 W, PINE AVE. 1biwl il I 1 NW 06PNER i, f UF L,QT 1� j TRAMORE SUBDIVISION LOT 1, BLOCK 1 (+ r ( f C� S8s`21'37"E i 20.0 i b. Ir r . KFOO EASEMENT 1 NEVISWE 13,2W a r� I so 586`18'29"E ��''yy ��55 �j I�. ,,'t /-$0'30,23'`W RP A NO -30'23"t 24.06' i rj�eo.31.8$" I 1.0 60 1E3q ti 34 l2Ci SCALE; 1:, 60' - - EXISTING EASEMENT NEW SEWER i EASEMENT AND WATER � }AH EXHIBIT r. DRAWING F OH 17-447 1450t.WATERT0%''SR8T DITY OF ;MERIDIAN SEWER & WATER EASEMENT SHEET Nc SURVEY SUIT30 fA5A=N aSttlaUAN.11lAttO8W2 WHISTLE STOP SUBDIVISION 1W LQ r LOT 7. 9L K I. t)F tR/ i0 SUBDI%46iON LOCAM IN THE N1f2 OF !HE SW 1/4 GROUP, Ol SE1.110L 112 T.3N., RAW, 8,M, MERIDIAN, AAA OOUNTYe fDMO 7f4/2611 Meridian City Council Meeting Agenda July 24, 2018 Page 103 of 534 31,88' 101 721 10 6b 14Q 0 30 120 SCALE: 1 = 60' IDAHO 14ffl E. WIATIERMW T CITY OF MERIDIAN SEWER & WATER E sqlyD i3o SURVEY ME91MANJOAHOW42 WHISTLE STOP SUBDIVISION GROUP, LLC LOT'2� BLOW i OF TRAMORE SUBDIAS40N LOCAM IN 'ME 1`0/2 OF It I OF SECTIOi2. T.M, RAW, B.M. MERIDIAN. ADA COUNTY. IbAf Meridian City Council Meeting Agenda July 24, 2018 — Page 104 of 534 17-407 0 TRAMORE SUBDIVISION P LOT 2, BLOCK 1 51'28 U) 13, 20.00ri ' 211w 108 N88'31'5 — tsass' 4 0.'2 4 J'E 10,33' 19.32 N88*31'52"W 189,75'. 1 N [ C6 z S88*31'52"E 51`28'08"W -/t, 4�e7Y� m.00, IDAHO 14ffl E. WIATIERMW T CITY OF MERIDIAN SEWER & WATER E sqlyD i3o SURVEY ME91MANJOAHOW42 WHISTLE STOP SUBDIVISION GROUP, LLC LOT'2� BLOW i OF TRAMORE SUBDIAS40N LOCAM IN 'ME 1`0/2 OF It I OF SECTIOi2. T.M, RAW, B.M. MERIDIAN. ADA COUNTY. IbAf Meridian City Council Meeting Agenda July 24, 2018 — Page 104 of 534 17-407 LINE TABLE; CURVE TABLE LENGTH l.JR111� RADIUS LENGTH CHQf�Bi DIST, ' ��-it�R[� BfiG, 'DELTA Lt Ga l � G� 59:{7t? �4,�?i x;50 S29'"tl2"� yySQQ�S��1yy'byyJ'37��"E :AY L7G�W �4�4+"� C2 89.77 6$3 �5.p X21"�'5"' 43'2Ss�k�" U '� 7 729 EXHIBIT DRAVViN FOR � No. 1QANa „$,,. 1450S.WA1`ER'F#�'A"ERS"t. CITY OF MERIDIAN SEWER &: WATER EASEMENT ,OT X30 SURVEY �'rc1 WHISTLE STOP UBDIVI5ION M�t�I4tAN, igAH493eg2 {� �y LLC GROUP, G l i, O U E— L„., L It {acss3 e4s=89y(' LOT 4 BLOCK 1 Of VAMORE SV8014010N LOCNIED IN 1HK Nt 2 OF THE SW 1/4 PWC. DATE' €1E 1EditDR 12, T.3N., RAW.. E,M. MERIDIAN. ADA CQtI YY ILAMO 7/4%201a LINE TABLE; LINE LENGTH BEARING' Lt Ga l � G� 59:{7t? �4,�?i x;50 S29'"tl2"� yySQQ�S��1yy'byyJ'37��"E :AY L7G�W �4�4+"� C2 89.77 6$3 �5.p X21"�'5"' 43'2Ss�k�" LINE TABLE; LINE LENGTH BEARING' Lt Ga l � 4X,1 �VD*��'k� i,.� �� y/#�3,//9//��1++�� LS1rVV yySQQ�S��1yy'byyJ'37��"E :AY L7G�W �4�4+"� Meridian City Council: Meeting ',Agenda July 24,.:.2018 — Page 105 of 534