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Sanitary Sewer and Water Main Easement with Wal-Mart for Coleman SubdivisionADA COUNTY RECORDER Christopher D. Rich 2015-003135 BOISE IDAHO Pgs=10 BONNIE 0111 41201 5 11:05 AM MERIDIAN CITY NO FEE 11111111111111 IIIIIIIIIIIIIII IIII IIII111111IIIA III 00056560201600031350100104 - Meridian, ID Store No. 5841 SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this V3 day of_)anym 20� S between Wal-Mart Stores, Inc., a Delaware corporation, the parties of the first part, and'iiereinafter called the GRANTOR, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: 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, 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 GRANTOR, and other good and valuable consideration, subject to any matters of record, the GRANTOR does 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 underground 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. Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc 4819-2655-5680.3 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. THE GRANTOR hereby covenants and agrees that it will not place or allow to be placed any permanent structures within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR may make any other use of the easement area which does not unreasonably interfere with GRANTEE'S use and enjoyment of the interests conveyed by this instrument. THE GRANTOR hereby covenants and agrees 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 GRANTOR does hereby covenant with the GRANTEE that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doe 4819-2655-5680.3 IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: WAL-MART STORES, INC., a Delaware corporation By: L.B. n Vice-President—Real Estate 2001 SE 10°i Street Bentonville, AR 72716 Attn: Realty Manager Store No. 5841 STATE OF ARKANSAS ss. County of Benton ) On this day of 20, before me, the undersigned, a Notary Public in and for said State, personally appeared L.B. Johnson, known or identified to me to be the Vice-President—Real Estate of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTAgk p�Bl.l� Sanitary Sewer and Water Main Easement 4819-2655-5680.3 EASMT S&W 11-15-13.doc GRANTEE: CITY OF MERIDIAN 7 . :.nnecr Tammye e rd, Mayor Io, (5YV Uf test bydhycee L. Holman, City Cler 9 SD , ��tEk of �pyOAb Approved By City Council On: STATE OF IDAHO, ) : ss County of Ada ) On this 13 day of, �o,rw c nA 20 L-, , 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. -• 13Oj 7.eI ( E;AL) 9� 0�; NOtAkY XJBLIC F Residing at: y I .:� •. Commission Expires: 0 '•.�DAHO ••' Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc 4819-2655-5680.3 - Legal Description Coleman Subdivision - City of Meridian Sewer and Water Easement Exhibit A An easement being located in the S ^% of the SE ^% of Section 27, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a brass cap monument marking the southeast corner of said Section 27, from which a 5/8 inch diameter iron pin marking the southwest corner of said SE % bears N 88056'28" W a distance of 2654.67 feet; Thence N 0°21'14" E along the easterly boundary of said SE % a distance of 304.37 feet to a point; Thence leaving said easterly boundary N 89°38'46" W a distance of 46.00 feet to a point on the westerly right-of-way of W. Ten Mile Road and the POINT OF BEGINNING; Thence leaving said right-of-way N 87049'47" W a distance of 268.57 feet to a point; Thence S 1003'31" W a distance of 15.02 feet to a point; Thence N 88°56'29" W a distance of 20.00 feet to a point; Thence N 1 °03'31" E a distance of 11.31 feet to a point; Thence N 88°43'00" W a distance of 58.05 feet to a point; Thence N 1 °16'59" E a distance of 15.32 feet to a point; Thence N 88°56'29" W a distance of 555.79 feet to a point; Thence S 68008'25" W a distance of 68.50 feet to a point; Thence a distance of 8.09 feet along the arc of a 457.00 foot radius non -tangent curve left, said curve having a central angle of 1°00'53" and a long chord bearing N 21°21'07" W a distance of 8.09 feet to a point; Thence N 21'51'34" W a distance of 11.91 feet to a point; Thence N 68°08'25" E a distance of 72.48 feet to a point; Thence S 88056'29" E a distance of 142.08 feet to a point; Thence N 1 °03'30" E a distance of 12.36 feet to a point; Thence S 88°56'29" E a distance of 20.00 feet to a point; Thence S 1003'30" W a distance of 12.36 feet to a point; Thence S 88056'29" E a distance of 230.80 feet to a point; LaA��lollUt10"S Coleman Subdivision (lend Suryof ryln0 and Cooaulling Job No. 1 Page 1 of 4 Thence N 1003'31" E a distance of 590.67 feet to a point; Thence N 10°10'43" E a distance of 26.52 feet to a point; Thence N 19°17'54" E a distance of 44.27 feet to a.point; Thence N 70°42'06" W a distance of 20.59 feet to a point; Thence N 88°56'30" W a distance of 294.67 feet to a point; Thence S 1'03'31" W a distance of 15.50 feet to a point; Thence N 88056'29" W a distance of 20.00 feet to a point; Thence N 1'03'31 " E a distance of 15.50 feet to a point; Thence N 88°56'30" W a distance of 54.67 feet to a point; Thence S 1003'31 " W a distance of 213.62 feet to a point; Thence S 26°03'30" W a distance of 103.29 feet to a point; Thence S 88049'42" E a distance of 62.65 feet to a point; Thence S 1 °03'31" W a distance of 20.00 feet to a point; Thence N 88049'42" W a distance of 68.33 feet to a point; Thence S 1 °03'31" W a distance of 286.12 feet to a point; Thence S 88°56'29" E a distance of 268.42 feet to a point; Thence S 1003'31" W a distance of 20.00 feet to a point; Thence N 88°56'29" W a distance of 285.31 feet to a point; Thence S 23008'25" W a distance of 8.78 feet to a point; Thence S 68°08'25" W a distance of 38.05 feet to a point; Thence N 21051'34" W a distance of 20.00 feet to a point; Thence N 68008'25" E a distance of 29.77 feet to a point; Thence N 23°08'25" E a distance of 9.62 feet to a point; Thence N 1 °03'31" E a distance of 252.19 feet to a point; Thence N 88°56'29" W a distance of 10.50 feet to a point; Thence N 1°03'31" E a distance of 20.00 feet to a point; Land b9ut'ion� Coleman Subdivision Baa surveying a"a cummnng Job No, 14-52 Page 2 of 4 Thence S 88°56'29" E a distance of 10.50 feet to a point; Thence N 1'03'31 " E a distance of 32.86 feet to a point; Thence N 26°03'30" E a distance of 116.73 feet to a point; Thence N 1003'31" E a distance of 194.52 feet to a point; Thence N 88°56'30" W a distance of 109.34 feet to a point; Thence N 1'03'32" E a distance of 32.00 feet to a point; Thence S 88°56'30" E a distance of 513.88 feet to a point; Thence S 70042'06" E a distance of 280.60 feet to a point; Thence S 79°49'18" E a distance of 7.70 feet to a point; Thence N 1 °03'30" E a distance of 48.25 feet to a point; Thence S 88°56'30" E a distance of 20.00 feet to a point; Thence S 1 °03'30" W a distance of 51.49 feet to a point; Thence S 88°56'46" E a distance of 18.38 feet to a point; Thence N 1'03'31 " E a distance of 16.50 feet to a point; Thence S 88°56'29" E a distance of 20.00 feet to a point; Thence S 1'03'31" W a distance of 16.50 feet to a point; Thence S 88°56'46" E a distance of 171.52 feet to a point; Thence S 0°21'14" W a distance of 20.00 feet to a point; Thence N 88°56'46" W a distance of 210.15 feet to a point; Thence S 1'03'30" W a distance of 4.68 feet to a point; Thence S 84°44'07" E a distance of 210.97 feet to a point; Thence S 0°21'14" W a distance of 20.10 feet to a point; Thence N 84°43'48" W a distance of 223.21 feet to a point; Thence N 70042'06" W a distance of 25.46 feet to a point; Thence N 19°17'54" E a distance of 20,99 feet to a point; Lai-ntdis?+liutions Coleman subdivision t`----- �Lana SumVina and consumng Job No. 14-52 Page 3 of 4 Thence N 70°42'06" W a distance of 241.33 feet to a point; Thence S 19°17'54" W a distance of 42.67 feet to a point; Thence S 10010'43" W a distance of 23.33 feet to a point; Thence S 1'03'31 " W a distance of 57.02 feet to a point; Thence S 88°56'30" E a distance of 10.80 feet to a point; Thence S 1003'30" W a distance of 20.00 feet to a point; Thence N 88056'30" W a distance of 10.80 feet to a point; Thence S 1003'31 " W a distance of 369.71 feet to a point; Thence S 88056'30" E a distance of 10.80 feet to a point; Thence S 1°03'30" W a distance of 20.00 feet to a point; Thence N 88056'30" W a distance of 10.80 feet to a point; Thence S 1003'31 " W a distance of 122.34 feet to a point; Thence S 88056'29" E a distance of 214.87 feet to a point; Thence S 89057'48" E a distance of 278.14 feet to a point on the westerly right-of-way of N. Ten Mile Road; Thence S 0°21'14" W along said westerly right-of-way a distance of 42.02 feet to the POINT OF BEGINNING. This parcel contains 2.21 acres and is subject to any other easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC November 17. 2014 IL� d gblutl,ons Coleman Subdivision `� land Surveying and Consulting Job No, 14-52 Page 4 of 4 COLEMAN SUBDIVISION CITY OF MERIDIAN SEWER AND WATER EASEMENT EXHIBIT B 1/4 27 26 Lara L77 I I LOT 4 1 1 LOT 5 �jny�L35 -L72 �nLL114ar--�� �J l7 L16�__._ L60 __ _ Lel __ ------------ __ L10 X9 1: L6.- I POINT OF' I FLOT BEGINNING I WT7 I 27 1/4 - J4 sss4.s7' W. McM/LEAN ROAD N 8856'28" W BASIS OF BEARING 0 100 200 400 �J I e b N I lO O Ih IW � I� 46' W b 2 I M I 27 26 J4 J5 SEE SHEET 2 FOR LINE AND CURVE TABLE INFORMATION Lan olut®ons Land Surveying and Consulting 231 E. 5TH ST., STE. A MERIDIAN, ID 83692 12081 280-2040 1208128&2557 Fz wvnv.lzndsolutlons.blz PAGE I OF 2 COLEMAN SUBDIVISION CITY OF MERIDIAN SEWER AND WATER EASEMENT EXHIBIT B Curve Table Curve ,¢ Length Radlas 001a Bearing Chord Cl 8.D9' 457.00' 1'00'53" N21'21'07"W 1 8.09' Lin 4 utions Land Surveying and Consulting 231 E. STH ST., STE. A MERIDIAN, ID 83642 (208128&2040 1208128&2557 fax wr+nN.landsolutloru.bk PAGE 2 OF 2 Line Table Line r Length Direction L1 46.00 N89'38'46'W L2 268.57 N87'49'47"W L3 15.02 S1'03'31"W L4 20.00 N88'56'29"W L5 11.31 NM3'31'E L6 58.05 N88'43'00"W L7 15.32 N1'16'59"E L8 555.79 NaO'56'29"W L9 68.50 S68108'25"W L10 11.91 N21'51'34"W L11 72.48 NBB'08'25"E L12 142.08 Si L13 12.35 N1'03'30"E H4 20.00 S88'56'29"E L15 12.36 Si'03'30'W L16 230.80 50856'29"E L17 590.67 N1'03'31"E LIB 26.52 N10'10'43"E L19 44.27 N19'17'54'E L20 20.59 N70'42'06"W L21 294.67 NBB'56'30"W L22 15.50 SI'0331'W L23 20.00 N88'56'29'W L24 15.50 N1'0331"E L25 54.67 N88'55'30"W L26 213.62 S1'03'31"W L27 103.29 52fi'0330"W Lin 4 utions Land Surveying and Consulting 231 E. STH ST., STE. A MERIDIAN, ID 83642 (208128&2040 1208128&2557 fax wr+nN.landsolutloru.bk PAGE 2 OF 2 Line Table Line # Length Direction L28 62.65 S88'49'42'E L29 20.00 SI'03'31"W L30 68.33 N88'49'42'W L31 286.12 S1'03'31"W L32 268.42 S88'56'29"E L33 20.00 S1'03'31"W L34 285.31 N88'56'29'W L35 8.78 S23'OB'25'W L36 38.05 S681025'W L37 20.00 N2151'34'W L38 29.77 N68'08'25'E L39 9.62 N23'08'25"E L40 252.19 N1'03'31'E L47 10.50 N88'56'29"W L42 20.00 N1'03'31"E L43 10.50 S8856'29"E L44 32.86 N1 0Y31'E L45 116.73 N26'0330"E L46 194.52 N1'03'31"E L47 109.34 N88'5630'W L48 32.00 N1'03'32"E L49 513.88 S88'5630"E L50 280.60 570'42'06"E L51 7.70 S79'49'18"E L52 48.25 N1'03'30"E L53 20.00 588'56'30"E L54 51.49 SI 03'30"W Lin 4 utions Land Surveying and Consulting 231 E. STH ST., STE. A MERIDIAN, ID 83642 (208128&2040 1208128&2557 fax wr+nN.landsolutloru.bk PAGE 2 OF 2 Una Table Line i Length Direction L55 18.38 S88'56'46'E L56 16.50 NP03'31"E L57 20.00 S88'56'29"E L58 16.50 SlW'31'W L59 171.52 588'56'46"E L60 20.00 SO'21'14"W L61 210.15 N88'56'46'W L62 4.68 S1'03'30'W L63 210.97 S84'4407"E L64 20.10 SO'21'I CW L65 223.21 N84'43'48'W L66 25.46 N70'42'06'W L57 20.99 N19'17'54"E L68 241.33 N70'42'06'W L69 42.67 S19'17'54"W L70 23.33 510'10'43"W L71 57.02 SM331"W L72 10.80 S88'5630'E L73 20.00 S1'03'30'W L74 10.80 N88'56'30"W L75 369.71 S1 V33l'W L76 10.80 S88'56'30'E L77 20.00 SI'0330'W L78 10.80 N88'56'30'W L79 122.34 S1'03'31'W LBO 214.87 SBB'56'29"E L81 278.14 S89'57'48"E L82 42.02 SO 21-14-W Lin 4 utions Land Surveying and Consulting 231 E. STH ST., STE. A MERIDIAN, ID 83642 (208128&2040 1208128&2557 fax wr+nN.landsolutloru.bk PAGE 2 OF 2