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Sanitary Sewer Easement with SDN, LLC for Tradewinds Subdivision ADA COUNTY RECORDER Christopher D. Rich 2014-068083 BOISE IDAHO Pgs=5 BONNIE 08/21/2014 01:59 PM MERIDIAN CITY NO FEE 11/011111 II 'III('II'III I 111111111111111 111111 III 00013729201400680830050059 SANITARY SEWER EASEMENT 1�1 RvckvS� THIS INDENTURE,made this -gift- day of4ttly,2014,between SDN,LLC,the parties of the first part,and hereinafter called the GRANTORS,and the City of Meridian,Ada County,Idaho,the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTORS desire 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 an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTORS, and other good and valuable consideration, the GRANTORS do hereby give, grant and convey unto the GRANTEE the right-of-way for an easement over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a sewer line and their allied facilities, together with their maintenance, repair, replacement and subsequent connection 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,performing maintenance,replacements or subsequent connections to the sanitary sewer mains, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such procedures. 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. Sewer Main Easement EASMT SEW 11-15-13.doc THE GRANTORS hereby covenant and agree that they 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 purposes stated herein. THE GRANTORS hereby covenant and agree 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 GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement,and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their s't na Fires the day and year first herein above written. GTO Don Newell, Member SDN, LLC 607 Sherington Drive Eagle, ID 83616 STATE OF IDAHO ) : ss. County of Ada ) On this 3( day of July,2014,before me,the undersigned,a Notary Public in and for said State, personally Don Newell, known or identified to me to a Member of the LLC that executed the within instrument,and acknowledged to me that such LLC executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year first above written. N•NN•• .100TE qi, jait ( (SEAL) i••� '" '+,l NO ARY P LIC FOR IDAHO NOT44 {� Residing at: c?IIA.i ( b 'ft. i Commission Expires: "k,'?-0, 1 t TA "'GBLIC •' Op ID P�.•0ftilimmoo- ° Sewer Main Easement EASMT SEW 11-15-13.doc GRANTEE: CITY OF MERIDIAN 1QD A ULUs Tammy"de Weerd, Mayor 4q03- o City of ac/CE'IDIAN �..�� r Ir < IDAHO Atte by lr ee L. Holman, City Cle SEAL a *SU*�,p Approved By City Council On: �/19 STATE OF IDAHO, ) : ss County of Ada ) On this 1(\ day of AV RvS,k- , 20 1 Lk ,before me,the undersigned, a Notary Public in and for said State,personally appeared Tammy de Weerd and Jays - °''L eS known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument,and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year first above written. I / L, .41 (SEAL) •,..•..••• NOTARY PU�FOR IDAHO .•' CHEL�'• Residing at: d L�-eilL fiD O,VNT- • Commission Expires: &-019- 12 .11 • t'� IC ••Oda • ob. IDARO ••• •••000•• Sewer Main Easement EASMT SEW 11-15-13.doc ENGINEERING 9233 WEST STATE STREET I BOISE, ID 83714 I 208.639.6939 I FAX 208.639.6930 July 31, 2014 Project No.: 12-072 EXHIBIT A LEGAL DESCRIPTION FOR SEWER EASEMENT A sewer easement being a portion of a parcel of land situated in the Northwest 1/4 of the Northwest 1/4 of Section 29,Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho and being more particularly described as follows: Commencing at a 5/8-inch rebar marking the Northwest corner of said Section 29,thence along the north line of said Section 29,S89°34'31"E a distance of 390.22 feet to a point,from which an aluminum cap marking the North 1/4 corner of said Section 29 bears S89°34'31"E a distance of 2,290.46 feet; Thence leaving said North section line S00°14'19"W a distance of 43.50 feet to a 5/8-inch rebar on the southerly right-of-way line of E. Victory Road; Thence following said southerly right-of-way line, S88°48'22"W a distance of 13.01 feet to the POINT OF BEGINNING. Thence leaving said southerly right-of-way line, S00°14'07"W a distance of 138.90 feet to the proposed northerly right-of-way line of E. Fathom Street; Thence following said proposed northerly right-of-way line, N89°45'43"W a distance of 20.00 feet to a point; Thence leaving said proposed northerly right-of-way line, N00°14'07"E a distance of 117.13 feet to a point; Thence N89°41'05"W a distance of 106.50 feet to a point; Thence N70°10'37"W a distance of 51.07 feet to a point on the southerly right-of-way line of East Victory Road; Thence following the said southerly right-of-way line along the arc of a curve to the right having a radius of 1,659.00 feet, an arc length of 30.01 feet, a central angle of 01°02'12", a chord bearing of N87°17'00"E and a chord distance of 30.01 feet to a 5/8-inch rebar; Thence continuing along said southerly right-of way line,S89°45'43"E a distance of 25.95 feet to a 5/8-inch rebar; Thence continuing along said southerly right-of-way line, N88°48'22"E a distance of 118.73 feet to the POINT OF BEGINNING. Said parcel contains 5,355 square feet, more or less, and is subject to all existing easements and/or right-of-way of record or implied. 1p AL LA , Attached hereto is Exhibit B and by this reference is made a part hereof.to zoCsl 'A 124590 es ENGINEERS I SURVEYORS I PLANNERS 1'1YEN L 13 3014 y�4 www.kmengllp.com -7 _St .O1 P:\12-072\CAE)\EXHIBITS\12-072 SEWER EASEMENT.DWG,AARON BALLARD,7/31/2014,SAVIN C9020 PCL 5C(B&W).PC3,---- I cn cn I r m Ln I � m _ v/e iN I II> 0 z �/ 0 73 O C73 00 II / m El Cf) j 7 0 Xi m m '.-P- > 0 x CO 0 Cn/ �O Irn O n co r p n m Z -i in 0 0 / -I p K m C fill o c V IZ O c) z Z r z `/ • rn Z r p O n 0 m w N CnIL 01 CO m m Z Z D O Z O , O ZomyOm D r Z U' -P (,Lo xi Z ` Cn co D U 0 N -Ii 0 0 N Z rl N (.f1 m O I n c .= c . z I 4 O 0 m zci Z m I Iv D co xi xN D co C/) - m r--- co 0 N -sLI) n N 0 rn = Cr 0_ 0 :1 = j`GQ Cl)(D ()- cco N N• D (D o m oa D I D- co O Q Q m `i v r� 3 NU! 0 1 LACAI z O re O fTl O z -n r-h O I y co W O CO CO N00'14'07"E 117.CD13' N o• o xi o (D () a) Q 8"S 8"S 8"S 8'S 8"S 8"S 8"S Q xi m m I D co S00'14'07"W 138.90' 411•1110 — — IM=. IPMM.. — �O 1 1711 , N N CA coZ 0 �0 (D ' O COh0 n- (D -.I -0 N CA N -1 0 J �D 01 r ; o 0Z z •z coxi Ccn i cnN � CD N O c [n gill Ln A =�w Z I m 7,1 EXHIBIT B - SEWER EASEMENT X?L* • p, � � TRADEWINDS SUBDIVISION PHASE 1 03oco 5N Z 0 • `=a < Tl ,,,,-.0,• O m W�W� � NW 1/4 OF NW 1/4 OF S 29 cp WA m . w Z Z ti T3N, R1E, BM, CITY OF MERIDIAN o0 X. G) N A