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Sanitary Sewer and Water Easement for Hillsdale ElementaryADA COUNTY RECORDER Christopher D. Rich 2015-083756 BOISE IDAHO Pgs=6 VICTORIA BAILEY 09/10/2015 09:06 AM MERIDIAN CITY NO FEE 1111111111111111111111111111111111111111111111111 00143316201500837560060061 SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this day o6 ,206 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, its 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 withinthe 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 ofthe 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. GRANTO i en GV -r" iYLkf At4kt Secretary Address STATE OF IDAHO ) . ss. County of Ada ) On this day of s 0?X , 20 J,3 , before me, the undersigned, allotary Public in and for said State, personally appeared w n d 2 Cloak- and ,known or identified tome to be the , 5u�wy►2ucleu t 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 hand and affixed my official seal the day ,@nt WAPfbf above written. : .o o .: NOTARY PUBLIC FOR IDAHO 1k ` ®• C Residing at: B LtG .• Commission Expires: 9 -97, R ) Sanit ��✓s d�� A1V1ain Easement EASMT S&W 1145-11doc GRANTEE: CITY OF MERIDIAN Tarrimy d e d, Mayor Attest'by Jaycee-t-Hohn'an, City Clerk o, Approved By City Council On: i STATE OF ID AHO, ) ss County of Ada SA On this � day of 520 201, before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and J°�c�tJoneS 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 writt en.LI00.400,0 CH (SEAL) s � rfj � � • A ( �u • ma 61VN� L 4 Uw- �• IDAHO •• NOTARY PL IC FO ID AHO Residing at: Commission Expires: Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc km ®LROM], 9233 WEST STATE STREET August 26, 2015 Hillsdale Elementary School Project No. 15-025 Legal Description City of Meridian Sewer and Water Easement BOISE, ID 83714 1 208.639.6939 1 FAX 208.639.6930 EXHIBIT A An easement for access, construction and maintenance of sewer and water facilities being situated in a portion of the SE 1/4 of the NW 1/4 of Section 33, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at a brass cap marking the North 1/4 corner of said Section 33, thence following the easterly line of the NE 1/4 of the NW 1/4 of Section 33, S00019'09"W a distance of 1,329.06 feet to a 5/8 -inch rebar marking northeast corner of said SE 1/4 of the NW 1/4 of Section 33(C -N 1/16 corner) and being the POINT OF BEGINNING. Thence leaving said easterly line of the NE 1/4 of the NW 1/4 and following the easterly line of said SE 1/4 of the NW 1/4, S00°19'09"W a distance of 141.58 feet to a 5/8 -inch rebar; Thence leaving said easterly line, S40°18'58"W a distance of 89.45 feet to a 5/8 -inch rebar; Thence 254.21 feet along the arc of a circular curve to the right, said curve having a radius of 331.50 feet, a delta angle of 43'56'14", a chord bearing of S62°17'04"W and a chord distance of 248.03 feet to a 5/8 -inch rebar; Thence S84015'11"W a distance of 120.50 feet to a 5/8 -inch rebar; Thence 340.80 feet along the arc of a circular curve to the left, said curve having a radius of 618.50 feet, a delta angle of 31`34'16", a chord bearing of S68°28'03"W and a chord distance of 336.51 feet to a 5/8 -inch rebar on the proposed subdivision boundary of Hill's Century Farm Subdivision Phase 2; Thence following said proposed subdivision boundary, N37°19'04"W a distance of 63.00 feet to a 5/8 -inch rebar; Thence leaving said proposed subdivision boundary, 375.52 feet along the arc of a circular curve to the right, said curve having a radius of 681.50 feet, a delta angle of 31°34'16", a chord bearing of N68°28'03"E and a chord distance of 370.79 feet to a point; Thence N84'15'11"E a distance of 120.50 feet to a point; Thence 205.90 feet along the arc of a circular curve to the left, said curve having a radius of 268.50 feet, a delta angle of 43'56'14", a chord bearing of N62°17'04"E and a chord distance of 200.89 feet to a point; Thence N40°18'58"E a distance of 27.15 feet to a point; Thence N2903859"E a distance of 69.09 feet to a point; Thence 36.94 feet along the arc of a circular curve to the left, said curve having a radius of 113.50 feet, a delta angle of 18°38'55", a chord bearing of N09038'37"E and a chord distance of 36.78 feet to a point; ENGINEERS I SURVEYORS ( PLANNERS Thence N00°19'09"E a distance of 52.46 feet to a point on the northerly line of said SE 1/4 of the NW 1/4; Thence following said northerly line, S89°27'52"E a distance of 48.50 feet to the POINT OF BEGINNING. Said parcel contains 56,677 square feet (1.301 acres), more or less, and is subject to all existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. OPAL �� ��l C 12,459 0 OF PAGE 12 P:\15.025\CAD\SURVEY\15.025 SEWER AND WATER EASEMENT.DWG , AARON BALLARD, 8/26/2015, KYOCERA TASKALFA 45SOCI KX.PC3, ---- N oma 0 z -0 Zo / _u 4 / rl �cyo 5 500' 19'09" W 1187.48' En n cn =12 c' Z�oz (Ao= w p a to z m 0 mo Ymm om 0 -�< -r rn H .r :D 7 � 2: O >00y P �av0 r rli zoDo I �vz z � N O ol o N �\3 VCn 0)060 al Do C71 m c) N co \ t0 rq m S00' 19'09 "VII 141.58' oDcn II� O 9 n o �� cin Ul0 0° O c c z (OJT -np W N -n Q W 0 0 O v m v G wD� < o1 o D w �O "WmA '' PORTION OF THE SE 1/4 OF THE NW 1/4 owam 0 N 0 m o c G SECTION 33, T.3N., R.1E., B.M., ADA COUNTY, ID 0 0 0 rn 14 z 0 p p O N O c Do wou rn � _k0 r D J J 07 v� p rn rn m Oho, W N 0 O w � A 0u V 00'0_ OOo v p C; o 0 0 o W m m wo CD rn m �! o A 00 Do W � 5 500' 19'09" W 1187.48' En n cn =12 c' Z�oz (Ao= w p a to z m 0 mo Ymm om 0 -�< -r rn H .r :D 7 � 2: O >00y P �av0 r rli zoDo I �vz z � N O ol o N �\3 VCn 0)060 al Do C71 m c) N co \ t0 rq m S00' 19'09 "VII 'O O 141.58' oDcn II� O 9 m I o �� cin Ul0 0° O ci c z 00 O 5 BASIS OF BEARINGS Q W 0 'O O i II� O 9 m I z n map 0)m �� n �C7tnn Ul0 O O .'tu -0 wmDrn a,;0-0Fi O ►� BASIS OF BEARINGS Q W o 0 O v v G wD� < o1 o D 'O O i M O 9 m I z n map 0)m �� n �C7tnn (r1' Z .'tu I� wmDrn a,;0-0Fi O ►� BASIS OF BEARINGS Q S00'19'09"W 1329.06' N C N j�m_lzo zoZ0 —0i wQ0;u�0 0)o T z rq ;;uz 0 z M EXHIBIT B -MERIDIAN SEWER AND WATER ESMT Ts� Zm �� m m ►� HILLSDALE ELEMENTARY SCHOOL N C N v G wD� < o1 o O T �O "WmA '' PORTION OF THE SE 1/4 OF THE NW 1/4 owam N m G SECTION 33, T.3N., R.1E., B.M., ADA COUNTY, ID