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Sewer and Water Easement with SANC, LLC for Overland Park ApartmentsADA COUNTY RECORDER Christopher D. Rich 2015_023705 BOISE IDAHO Pgs=6 VICTORIA BAILEY 031251201511:51 AM MERIDIAN CITY NO FEE IIIIIIII III11111IN11111111111111111111111111111 SANITARY SEWER AND WATER MAIN EASEMENT QA- " -THS INDENTURE, made this day of W.g,-Jo 201Z between A A/0, , the parties of the first part, and hereinafter called the GRANTORS, and the City of Meridian, LLC 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, if 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 signatures the day and year first herein above written. GRANTOR: SprivG 1-4 c lit IMGhe���hy, h'1 e...l�e✓ JJD^ CY�IL `�a�^6G Address ;3&js,j STATE OF m�� 'tri41-( SS, County o€�jT b %,L Scan Gy L..{ -"k <2;q U' "l a On this 1, day of 9 —,20/ , before me, the undersigned, a Notary Pub e in and for said State, personally appeared / and 7> — ivy , 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 hereunto set my hpd and affixed my official seal the LC DANIEL FLORESAi 679420 L)COMMISSION EXPIRES NOTARY PUBLIC FOR-H+A+1O ru SEPTEMBER STATE OF UTAH Residing at: 'h / C"7*,./ Commission Expir� 4-16 -';m jcp Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc GRANTEE: CITY OF MERIDIAN i Nj _D AUCU i�`. 'G • O� Tammy eerd, Mayor �p caY of �2SEAL Attest by Jaycee L. Holman, City Clerk Approved By City Council On: STATE OF IDAHO, ) : ss County of Ada ) On this day of 20 /S , 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. `4 NOTARY PULIC F R IDAH Residing at:, , �Q , Commission Expires.rr7/3o Sanitary Sewer and Water Main Easement EASMT S&W 11-15-I3.doc EXHIBIT A A utility easement being a portion of Block 1 of Kennedy Commercial Center Subdivision, Book 101, Pages 13409-13412 located in the Southeast 1/4 of the Southwest 1/4 of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho. Being further described as follows: BASIS OF BEARINGS: The West boundary line of Kennedy Commercial Center Subdivision, Book 101, Pages 13409-13412, taken as North 00031'50" East, SEGMENTI COMMENCING at the Southwest corner of the Southeast 1/4 of the Southwest 1/4 of Section 13, Township 3 North, Range 1 West, Boise Meridian; thence along the west line of said Southeast 1/4 of the Southwest 1/4, North 00031'50" East a distance of 264.00 feet to the Northwest corner of Lot 5, Block 1 of Kennedy Commercial Center Subdivision, Book 101, Pages 13409-13412; thence along the North line of said Lot 5 South 89007'53" East a distance of 48.88 feet to the POINT OF BEGINNING; thence leaving said North line, North 00001'55' West a distance of 138.64 feet; thence North 19030'09" West a distance of 32.39 feet; thence North 00031'30" East a distance of 300.30 feet; thence South 89032'40" East a distance of 667.86 feet; thence North 00025'31" East a distance of 341.17 feet; thence South 89°34'44" East a distance of 20.00 feet; thence South 00°25'31" West a distance of 420.96 feet; thence North 89028'10" West a distance of 40.93 feet; thence North 00000'00" East a distance of 19.66 feet; thence North 90000'00" East a distance of 16.64 feet; thence North 00031'50" East a distance of 27.92 feet; thence North 89032'40" West a distance of 222.06 feet; thence South 00°00'00" East a distance of 8.41 feet; thence South 90000'00" West a distance of 20.00 feet; thence North 00000'00" East a distance of 8.56 feet; thence North 89032'40" West a distance of 164.46 feet; thence South 00000'00" East a distance of 74.73 feet; thence South 90000'00" West a distance of 20.00 feet; thence North 00°00'00" East a distance of 74.89 feet; thence North 89°32'40" West a distance of 79.82 feet; thence South 00000'00" East a distance of 7.92 feet; thence South 90000'00" West a distance of 20.00 feet; thence North 00000'00" East a distance of 8.08 feet; thence North 89032'40" West a distance of 117.19 feet; thence South 00031'30" West a distance of 261.08 feet; thence South 16000'36" East a distance of 20.85 feet; thence South 19033'34" East a distance of 14.97 feet; thence South 00000'00" East a distance of 28.32 feet; thence South 00001'55" East a distance of 123,91 feet; thence South 89°58'05" West a distance of 20.00 feet; thence North 00°01'55" West a distance of 10.16 feet to the POINT OF BEGINNING. TOGETHER WITH SEGMENT 2 COMMENCING at the Southwest corner of the Southeast 1/4 of the Southwest 1/4 of Section Pagel of 2 13, Township 3 North, Range 1 West, Boise Meridian; thence along the west line of said Southeast 1/4 of the Southwest 1/4, North 00031'50" East a distance of 264.00 feet to the Northwest corner of Lot 5, Block 1 of Kennedy Commercial Center Subdivision, Book 101, Pages 13409-13412; thence along the North line of said Lot 5 South 89007'53" East a distance of 48.88 feet; thence South 00001'55" East a distance of 10.16 feet; thence North 89058'05" East a distance of 20.00 feet; thence North 00001'55" West a distance of 83.99 feet to the POINT OF BEGINNING; thence North 00001'55" West a distance of 39.92 feet; thence South 89033'57" East a distance of 435.65 feet; thence North 00026'03" East a distance of 22.98 feet; thence South 89033'57" East a distance of 20.00 feet; thence South 00026'03" West a distance of 22.98 feet; thence South 89°33'57" East a distance of 87.43 feet; thence North 00026'39" East a distance of 323.26 feet; thence South 89032'40" East a distance of 20.00 feet; thence South 00025'16" West a distance of 221.67 feet; thence South 89036'02" East a distance of 84.89 feet; thence South 00001'49" East a distance of 20.00 feet; thence North 89°36'02" West a distance of 85.06 feet; thence South 00029'40" West a distance or 16.92 feet; thence North 81057'57" East a distance of 63.60 feet; thence South 00025'32" West a distance of 20.22 feet; thence South 81057'57" West a distance of 63.63 feet; thence South 00029'40" West a distance of 64.43 feet; thence North 89033'57" West a distance of 540.13 feet; thence South 00026'03" West a distance of 19.59 feet; thence South 89037'01" West a distance of 22.62 feet to the POINT OF BEGINNING, TOGETHER WITH SEGMENT 3 COMMENCING at the Southwest corner of the Southeast 1/4 of the Southwest 1/4 of Section 13, Township 3 North, Range 1 West, Boise Meridian; thence along the west line of said Southeast 1/4 of the Southwest 1/4, North 00°31'50" East a distance of 264.00 feel to the Northwest corner of Lot 5, Block 1 of Kennedy Commercial Center Subdivision, Book 101, Pages 13409-13412; thence along the North line of said Lot 5 South 89007'53" East a distance of 48.88 feet; thence South 00001'55" East a distance of 10.16 feet; thence North 89°58'05" East a distance of 20.00 feet; thence North 00001'55" West a distance of 123.91 feet; thence North 00600'00" West a distance of 28.32 feet; thence North 19033'34" West a distance of 14.97 feet to the POINT OF BEGINNING; thence North 16000'36" West a distance of 20.85 feet; thence South 89033'57" East a distance of 554.33 feet; thence South 00°26'39" West a distance of 20.00 feet; thence North 89°33'57" West a distance of 548.42 feet to the POINT OF BEGINNING. The combined area of all 3 segments containing 73,810 square feet or 1.69 acres, more or less. Russell Badgley, PLS 12458 Timberline Surveying, PLLC 847 Park Centre Way, Suite 3 Nampa, Idaho 83651 (208) 465-5687 Page 2 of 2 Easement Line Table Easement Line Table Easement Line Table Easement Line Table Line Length I Direction Line # Length Direction Llne# Length Direction Line# Length Direction Li 48.88' 80TOT53'E L11 63.60' N31'ST5TE L21 7.82' NO`6000`E L31 22.98' SO -26'03:W L2 32.39' N1B'3909W L12 2022' SO°253206 L22 2000'. N90'WWF L32 39.92' N9'01'66W L3 20.00' S69'34'44'E L13 63.63' S81'573TW Us 8.56' SO'0000'E L33 20.e5' ------------ -16'003606L4 L4 40.83' N89°2810W L14 64.43' 60'20'40W L24 2000' N90'00'00'E L34 20.00' SO°26'3906 15 19.66' NO'W'OO"E L15 19.59' SO'26'03'W L25 8.41' NO -WOVE L35 20.00' N69'32'40W Lo L7 La L9 L10 10.64' 27.92' 20.00' 195.06' 16.92' N90'00'00'E NO'3 VWE SO'01'49E N89.36'O2'W SW29ADW 178 L17 L18 L79 L2p 22,62' 20.0oS69-58'05'W 10.16' 8,08' 20.00' 389'37'01'W 14010t,69W 80'WWE N90'0600E L26 L27 L28 L29 L30 29.32' 14.97' 42,30' 22.90 20.00' NO`00.00"E N19°33'31W SO'2639W NO-26'03'E N8W33.57'W 5, 77777- G �T�, L LS699'/3Z440'0/'7E667,87 SEGMENT 11 SW -'32 40'E 7907LS89'324TE 117.19 S89'9240E 184._8J TT .LJ L3///� U02w / 40E/ 1324 Lig n 23 L24 L25 w 1" s y�$ KENNEDY COMMERCIAL CENTER SUBDIVISION BOOK 101, PACE 13409-13412 `SEGMEi2N, N8913TSTW 540.13' GRAPHIC SCALE 0 50 100 W1I16CORNER 5!8"REOAR CPBF #100106004 H ®CICS I su,it.1WEr°"""n R0 I OVERLAND PARK APARTMENTS Nampa, 1003687 E N G I N E E R S 1298,469.4197 EXHIBITS