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Sanitary Sewer and Water Main Easement with TS Development for McLinder SubdivisionADA COUNTY RECORDER Christopher D. Rich 2014-077984 BOISE IDAHO Pgs=10 BONNIE 09/24/201402:26 PM MERIDIAN CITY NO FEE II' III I I 11111111111111111111111111111111111111111 00024397201400779840100108 SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this "day of 0 B between , 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 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, service and subsequently connect to said pipelines 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 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, 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 and water 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. Sanitary Sewer and Water Main Easement EASMT S&W 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 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 signa�ures the day and year first herein above written. DEVELOPMENT, L.L.C. Tfiom s M levan, Jr., Managing Member Address STATE OF IDAHO ) . ss. County of Ada ) On this day of 1" i , 20 -LL, before me, the undersigned, a Notary Public in and for said State, personally appeared %t 'r� _ , known or identified to me to be the Managing Member of the L.L.C. that executed the within instrument, and acknowledged to me that such L.L.C. executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first ab,Q,yq,,,Written. e (SEAL)--- TA,, NOTAR LIC F`61 6AHO Residing at: „ 44 ") tG Commission Expires":-'`� B 08 L OF, gt q'. 0 Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc GRANTEE: CITY OF MERIDIAN Tammy erd, Mayor Attest bJ cee L. Holman, City Clerk Approved By City Council On: q 1 (' STATE OF IDAHO, ) ss County of Ada ) VA c` . On this day of � i l� , 20 �—, before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and Jaycee L. Holman, 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. k a y (SEAL) NR ARY PUB C FOR IDAHO Residing at: l VA Commission Expires: 1, Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc 77— Sawtooth Land Surveying, LLC P: (208) 398-8104 F: (208) 398-8105 Rt I 101 Canal 9t„ Emmett, ID 83617 May 9, 2014 EXHIBIT A McLinder Subdivision Water and Sewer Easement Description A portion of the NW1/4 of Section 36, T. 4 N., R. 1 W., B.M., City of Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at an aluminum cap marking the northwest corner of said Section 36; Thence South 89°24'32" East, coincident with the North line of said section 36, a distance of 100.08 feet; Thence South 0°41'06" West, 25.00 feet to the southerly right of way line of W. McMillan Rd., and the easterly right of way line of N. Linder Rd.; Thence South 45'24'12" West, coincident with said easterly right of way line of N. Linder Rd., 70.44 feet; Thence South 0'14'44" West, coincident with said easterly right of way line of N. Linder Rd., 104.72 feet; Thence South 7'22'12" West, coincident with said easterly right of way line of N. Linder Rd., 96.75 feet; Thence South 0°14'44" West, coincident with said easterly right of way line of N. Linder Rd., 374.50 feet to the northerly right of way line of W. Ann Taylor St.; Thence South 44°52'56" East, coincident with said northerly right of way line of W. Ann Taylor St., 28.22 feet; Thence North 89°59'26" East, coincident with said northerly right of way line of W. Ann Taylor St., 116.06 feet to the POINT OF BEGINNING; Thence North 65°56'04" East, 22.60 feet; Thence North 0°33'42" East, 83.63 feet; Thence North 89'26'18" West, 8.00 feet; Thence North 0033'42" East, 10.00 feet; Thence South 89'26'18" East, 8.00 feet; .\2014\14020-MCLINBER SIZE\Drawings\Descript1ons\14020-WATER AND SEWER EASEMENT.doex aj0(" 11 Thence North 0°33'42" East, 152.09 feet; Thence North 89'26'18" West, 8.00 feet; Thence North 0°33'42" East, 15.00 feet; Thence South 89'26'18" East, 8.00 feet; Thence North 0°33'42" East, 218.91 feet; Thence South 89'26'18" East, 30.00 feet; Thence South 0°33'42" West, 106.50 feet; Thence South 89'26'18" East, 5.00 feet; Thence South 0°33'42" West, 10.00 feet; Thence North 89'26'18" West, 5.00 feet; Thence South 0°33'42" West, 70.00 feet; Thence South 89'26'18" East, 27.50 feet; Thence South 0°33'42" West, 10.00 feet; Thence North 89'26'18" West, 27.50 feet; Thence South 0°3342" West, 70.00 feet; Thence South 89'26'18" East, 27.50 feet; Thence South 0°33'42" West, 10.00 feet; Thence North 89'26'18" West, 27.50 feet; Thence South 0°33'42" West, 105.50 feet; Thence South 89'26'18" East, 75.50 feet; Thence North 0°33'42" East, 7.00 feet; Thence South 89'26'18" East, 10.00 feet; Thence South 0°33'42" West, 7.00 feet; Thence South 89'26'18" East, 29.00 feet; Thence North 0°33'42" East, 221.00 feet; r' :12014114020-MCLINDER SUMDrawingsMescriptions114020-WATER AND SEWER EASEMENT.docx i' ;r3 q 4:', 12 Thence South 89126'18" East, 23.00 feet; Thence North 0°33'42" East, 26.00 feet; Thence South 89026'18" East, 10.00 feet; Thence South 0°33'42" West, 26.00 feet; Thence South 89126'18" East, 81.00 feet; Thence North 0°33'42" East, 26.00 feet; Thence South 89'26'18" East, 10.00 feet; Thence South 0133'42" West, 26.00 feet; Thence South 89126'18" East, 60.00 feet; Thence North 0°33'42" East, 26.00 feet; Thence South 89'26'18" East, 20.00 feet; Thence South 0°33'42" West, 26.00 feet; Thence South 89'26'18" East, 65.00 feet; Thence North 0°33'42" East, 129.00 feet; Thence South 89'26'18" East, 30.00 feet; Thence South 0°33'42" West, 74.50 feet; Thence South 89'26'18" East, 7.00 feet; Thence South 0°33'42" West, 10.00 feet; Thence North 89'26'18" West, 7.00 feet; Thence South 0°33'42" West, 44.50 feet; Thence South 89'26'18" East, 50.15 feet; Thence North 32°03'05" East, 38.01 feet; Thence South 57°56'55" East, 15.00 feet; Thence South 32°03'05" West, 46.36 feet; Thence South 0°33'42" West, 26.04 feet; ,\2014\14020-MCLIND ER SUS\Drawings\Descriptions\14020-WATER AND SEWER EASEMENT.docx r> � n 13 Thence South 89'26'18" East, 34.00 feet; Thence South 0°33'42" West, 20.00 feet; Thence North 89'26'18" West, 34.00 feet; Thence South 0°33'42" West, 113.00 feet; Thence North 89'26'18" West, 90.58 feet; Thence South 0°33'42" West, 87.70 feet; Thence South 52°36'42" East, 48.07 feet to the beginning of a non -tangent curve; Thence 20.16 feet along the arc of said curve to the left, with a central angle of 5107'57", a radius of 225.00 feet, subtended by a chord bearing South 30'25'14" West, 20.15 feet; Thence North 52°36'42" West, 56.70 feet; Thence North 89'26'18" West, 44.06 feet; Thence North 0°33'42" East, 10.00 feet; Thence South 89'26'18" East, 31.00 feet; Thence North 0°33'42" East, 60.02 feet; Thence North 89'26'18" West, 3 1. 00 feet; Thence North 0°33'42" East, 20.00 feet; Thence South 89'26'18" East, 31.00 feet; Thence North 0°33'42" East, 153.98 feet; Thence North 89126'l 8" West, 69.12 feet; Thence South 0°3342" West, 31.00 feet; Thence North 89'26'18" West, 10.00 feet; Thence North 0°33'42" East, 31.00 feet; Thence North 89'26'18" West, 121.87 feet; Thence South 0°33'42" West, 14.00 feet; Thence North 89'26'18" West, 6.00 feet; :\2014\14020-MCLINDER SUB\Drawings\Descriptions\14020-WATER AND SEWER EASEMENT.doex E, <i cj ,, 14 Thence South 0133'42" West, 11.00 feet; Thence South 89'26'18" East, 26.00 feet; Thence South 0°33'42" West, 10.00 feet; Thence North 89'26'18" West, 26.00 feet; Thence South 0°33'42" West, 114.00 feet; Thence South 89'26'18" East, 26.00 feet; Thence South 0°33'42" West, 15.00 feet; Thence North 89'26'18" West, 26.00 feet; Thence South 0°34'07" West, 77.00 feet; Thence South 89'26'18" East, 26.00 feet; Thence South 0°3342" West, 10.00 feet; Thence North 89026'18" West, 46.00 feet; Thence North 0°33'42" East, 30.00 feet; Thence North 89'26'18" West, 124.50 feet; Thence South 0°33'42" West, 49.50 feet; Thence South 89126'18" East, 10.00 feet; Thence South 0°3342" West, 10.00 feet; Thence North 89'26'18" West, 10.00 feet; Thence South 0°33'42" West, 17.04 feet; Thence North 89°59'26" West, 50.54 feet to the POINT GE BEGINNING; The above described parcel contains 1.53 acres more or less. Together with and subject to covenants, easements and restrictions of record. EXCEPTING THEREFROM: A portion of the NW 1/4 of Section 36, T. 4 N., R. 1 W., E.M., City of Meridian, Ada County, Idaho, more particularly described as follows: ';\2014\14020-MCLINDER SUS\Drawings\Descr1ptions\14020-WATER AND SEWER EASEMENT.docx P"'�(e15 COMMENCING at an aluminum cap marking the northwest corner of said Section 36; Thence South 0114'44" West, coincident with the west line of said Section 36, a distance of 370.89 feet; Thence South 89"26' 18" East, 597.69 feet to the P®INT OF BEGINNING; Thence continuing South 89'26'18" East, 80.58 feet; Thence South 0°3342" West, 41.00 feet; Thence North 89'26'18" West, 15.00 feet; Thence South 0033'42" West, 10.00 feet; Thence South 89126'18" East, 15.00 feet; Thence South 0133'42" West, 73.00 feet; Thence North 89'26'18" West, 80.58 feet; Thence North 0°33'42" East, 124.00 feet to the POINT OF BEGINNING. End Description ':\2014\14020-MCLINDER SUE\Draw1ngs\Descr1pt1ons\14020-WATER AND SEWER EASEMENT.docx r �6 26 125 35 136 0 w W. McMILLAN RD. ryp�ob tp`ry°// 49 I PAI �I �CI zl I L� I I I i I I i I LINE TABLE PROJECT, MCLINDER SUB, NO. 1 CITY OF MERIDIAN WATER AND SEWER EASEMENT TS DEVELOPMENT 5/9/2014 I NTS DWG # PROJECT# 14020 4�d•-knr� 44C SHEET WWIM.SAWTOOTHLS,COM 1 OF 1 L1 `I i I I �i i I i L69 Ley ( !g Id.— I s 69120'10"E j LLae f—L71 I +0wcs* I 099.60' — � . _ . _ --------- ��—' —� ' � 't^ I �I LPJ j I Oj � I I dko Lsq j r iib J I9 i j j i$ $Lia i ��[ra3as[���� i �?s �az�•na���a NW A PART j ■�� c! c ttr-ire �� L7 c[:+�?m[� �+3� l�t`fi7�r<Y� Y��I.EL�F��'7F[YY3�'7�3�Y i p I LL o�- L26 I u6 j rT4i' , -Etr._.�J IJ � i l K. [SFS ��t4• �>�� m rr�-�aicsir� �xi�y CURVE TABLE W. 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N 6989'26' E 116.x' Eft 54' CURVE TABLE W. ANN TAYLOR ST. u LEN@rii a eaacLE ws c� raa LE Ct ,1 50967 2 .00 5 J0' 1b W 0.15 PROJECT, MCLINDER SUB, NO. 1 CITY OF MERIDIAN WATER AND SEWER EASEMENT TS DEVELOPMENT 5/9/2014 I NTS DWG # PROJECT# 14020 4�d•-knr� 44C SHEET WWIM.SAWTOOTHLS,COM 1 OF 1