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Sewer Main Easement with Spurwing Greens Master Association, Inc. for Jayker SubdivisionADA COUNTY RECORDER Christopher D. Rich 2014-093879 BOISE IDAHO Pgs=5 VICTORIA BAILEY 11/19/2014 11:23 AM MERIDIAN CITY NO FEE 1111111111111111111111111111111111111111111111111 00041387201400938790050053 SANITARY SEWER EASEMENT THIS INDENTURE, made this A�_ day of Q0,1 , 2014 between ar-w i 6YQ-eY1 S MasAv, Pa00 a 0n,TW the parties of the first part, and hereinafter called the GRANTORS, and the Ci 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 signatures the day and year first herein above written. Address STATE OF IDAHO ) : ss. County of Ada ) On this fes/- day of 20 L�—, before me, the undersigned, a Notary Public in and for said State, personally appeared bAVid W/ 3316t kOUW and Rt,b0001 k- kK" , known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have AMANDA MCCURRY 40TAR' Y PUBLIC ATE OF IDAHO set my hand and NMARY PUBIAC`x Residing at: Commission Expires: my official seal the day Sewer Main Easement EASMT SEW I1-15-13.doe GRANTEE: CITY OF MERIDIAN C�1 ,.1 ii 11 CL ,tom � ttest b0aycee L. ity CUld 1drF Approved By City Council On: STATE OF IDAHO, ) : ss County of Ada ) On this 1 � day of Novcm 6cAr , 201 beforee th un ersigned, a Notary Public in and for said Stattee, personally appeared T-affiWI eerd-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. Commission Expires: Sewer Main Easement EASMT SEW 11-15-13.doc EXHIBIT "A" July 2, 2014 Description For CITY OF MERIDIAN SEWER AND WATER EASEMENT A portion of Lot 1 Block 1, Jayker Subdivision Phase 1 as filed in Book 101 of Plats at Pages 13341-13352, records of Ada County, Idaho being located within the Southeast 1/4 of the Southwest 1/4 of Section 22, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho being more particularly described as follows: Commencing at the South 1/4 corner of said Section 22, from which the Southwest corner of said Section 22 bears North 89°17'17" West, 2647.16 feet; Thence North 25°42'31" West, 632.00 feet to the intersection with the northeasterly right-of-way line of North Tree Haven Way, said point being the REAL POINT OF BEGINNING; Thence along said northeasterly right-of-way line North 48003'49" West, 30.00 feet; Thence leaving said northeasterly right-of-way line North 41056'11 " East, 27.59 feet; Thence North 05°01'51" East, 83.49 feet; Thence 92.67 feet along the arc of a curve to the left having a radius of 100.00 feet, a central angle of 53°05'39", and a long chord which bears North 21'30'59" West, a distance of 89.39 feet; Thence North 48°03'49" West, 26.87 feet; Thence North 41°56'11" East, 30.00 feet; Thence South 48°03'49" East, 41.95 feet; Thence 12.57 feet along the arc of a non -tangent curve to the left having a radius of 8.00 feet, a central angle of 90°00'00", and a long chord which bears North 89°59'41" East, a distance of 11.31 feet; Thence North 44°59'41" East, 45.73 feet; Thence South 45°00'19" East, 30.00 feet; Thence South 04°22'12" West, 60.00 feet; Thence South 48°54'09" West, 35.29 feet; Thence South 05°01'51" West, 119.73 feet; Thence South 41 °56'11" West, 37.60 feet to the REAL POINT OF BEGINNING. EXHIBIT "B" C CURVE1 RADIUS I LENGTH CHORD CHORD BRG. DELTA Cl 1 100.00' 1 92.67' 89.39' N 21'30'59" W 53'05'39" iv 90'00'00" MEIRIOIAN, IDAHO 83642 G2,/ (200)646-8510 GROUP, P.C. O 04 O 27.59' L2 4 p \ t O 48'03'49" W Ln q J L 41'56'11" E 30.00' 6 S 45'00'19" E 30.00' 15 n, 48'54'09" W 35.29' L6 S BL OClf 7 W LLJ' r` 25 100 Do 05 50 L"/0// = SCALE: 1" = 50' O s N3 w , ♦ / / Qw O0ouy, , AREAL POINT Cn /y • OF BEGINNING '2 Q O J �L 0] F 21z U22 BASIS OF BEARING�• 1 4 _ N 89'17'17" W 22 •� / 28 27 2647.16' 27 W. CHINDEN BLVD. STATE HIGHWAY 20/26 CURVE TABLE CURVE1 RADIUS I LENGTH CHORD CHORD BRG. DELTA Cl 1 100.00' 1 92.67' 89.39' N 21'30'59" W 53'05'39" C2 I 8.00' 1 12.57' 11.31' N 89'59'41" E 90'00'00" IDAHO1450 LINE TABLE E. WATERTOWER ST. SUTE 130 SURVEY MEIRIOIAN, IDAHO 83642 Li (200)646-8510 GROUP, P.C. E 4:5A: . 1. LAN0- SOF`' �k ss cy JOB NO. SEWER & WATER EASEMENT EXHIBIT DRAWING 14-087 FOR CITY OF MERIDIAN SHEET NC PORTION OF LOT 1, BLOCK 1, JAYKER SUBDIVISION PHASE1, DWG. DATE LOCATED WITHIN THE SE 1/4 OF THE SW 1/4 OF SECTION 22, TAN., R.1W., R.M., 07-02-14 LINE TABLE LINE BEARING LENGTH Li N 41'56'11" E 27.59' L2 N 48'03'49" W 26.87' L3 N 41'56'11" E 30.00' L4 S 45'00'19" E 30.00' 15 S 48'54'09" W 35.29' L6 S 41'56'11" W 37.60' LAN0- SOF`' �k ss cy JOB NO. SEWER & WATER EASEMENT EXHIBIT DRAWING 14-087 FOR CITY OF MERIDIAN SHEET NC PORTION OF LOT 1, BLOCK 1, JAYKER SUBDIVISION PHASE1, DWG. DATE LOCATED WITHIN THE SE 1/4 OF THE SW 1/4 OF SECTION 22, TAN., R.1W., R.M., 07-02-14