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Sewer and Water Main Easement for Southridge Subdivision IDAPACADA COUNTY RECORDER Christopher D. Rich 2015-086404 BOISE IDAHO Pgs=5 LISA BATT 091171201511:12 AM MERIDIAN CITY NO FEE IIIIIIIIIII IIIIIIIIIIIII'III II I II 1111111 IIII IIIA 00146128201500864040050069 SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this, day of August, 2015 between SOUTHRIDGE FARM, LLC, 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 signatures the day and year first herein above written. GRANTOR: SOUTMUDGE FARM, By EAMI, LLC, Managua By: Corey D. Barton, Manager STATE OF IDAHO--) SS. County of Ada ) On this`=day of August, 2015, before me, the undersigned, a Notary Public in and for said State, personally appeared Corey D Barton, known or identified to me to be the person ® whose name is subscribed to the within instrument as the Manager of EAMI, LLC, who is the Manager of Southridge Farm, LLC and acknowledged to me that he executed the same as such Manager. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) ®a�®o®®4p �'LqQ�'®w res�iding Y PUBLIC FOR IDAHO to N. LA .� E ®��,.®° a®®`,�<�� at: 1OTtiI�Ysion Expires: "tea ®PUBLIC Sanitary Sewer and Watef+- EASMT S&W 11-15-13.doc GRANTEE: CITY OF MERIDIAN Tammy de,*— e . ed, Mayor `O�PJRATrbA� L l rxk At ' _.. as O( Attest byC,$ ycee L. Holman, City Clerk x r tI Approved By City Council On: w the 7Rf ASUati.� STATE OF IDAHO, ss County of Ada ) On this (X,o day of Po,)QoR�— , 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. ,•' CHS •. (SEAL) O?, „� • / 7, • • WA J I� ®• I�Aljo •.. ••owns... NOTARY P ICjO� IDAHO Residing at:U?J�G1 L� Commission Expires: Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc August 19, 2015 Project No. 114121 0 THE LAND CROUP, INC. Exhibit A I DAPAC SEWER & WATER EASEMENT A parcel of land being in a portion of the Northeast One Quarter of Section 23, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows; Commencing at the Northeast corner of said Section 23; Thence on the north line of said section 23, N 89°19'41" West, 72.51 feet; Thence leaving said north line, S 0040'19" W, 53.50 feet to a point on the westerly Right -of -Way line of S. Linder Rd.; Thence on said westerly Right -of -Way line S 44°19'00" E, 26.15 feet; Thence S 00°41'26" W, 476.00 feet; Thence S 00°27'19" E, 22.98 feet, to a point of curvature; Thence on the northerly Right -of -Way line of S. Spanish Sun Way, 28.60 feet on the arc of a curve to the right, having a radius of 30.00 feet, a central angle of 54°37'08", and whose long chord bears S 63°22'52" W, 27.53 feet; Thence N 89°18'34" W, 17.31 feet, to a point of curvature; Thence 145.44 feet on the arc of a curve to the right, having a radius of 219.00 feet, a central angle of 38°02'59", and whose long chord bears N 70°17'05" W, 142.78 feet, to the point being the POINT OF BEGINNING; Thence leaving said northerly Right -of -Way line, N 28°24'31" E, 38.49 feet; Thence N 00°40'39" E, 41.88 feet; Thence N 89°19'21" W, 3.50 feet; Thence N 00°40'39" E, 20.00 feet; Thence S 89°19'21" E, 3.50 feet; Thence N 00°40'39" E, 237.33 feet; Thence S 89°19'21" E, 34.00 feet; Thence S 00°40'39" W, 217.00 feet; Thence S 89°19'21" E, 32.50 feet; Thence S 00°40'39" W, 20.00 feet; Thence N 89°19'21" W, 32.50 feet; Thence S 00°40'39" W, 70.60 feet; Thence S 28°24'31" W, 50.37 feet, to a point of curvature; Thence 34.21 feet on the arc of a curve to the right, having a radius of 29 and whose long chord bears N 55°44'07" W, 34.18 feet, to the being the Said Parcel contains 12561 sq. ft. (0.29 acres) acres more or less. PREPARED BY: THE LAND GROUP, INC. Michael S. Femenia '04" Site Planning • Landscape Architecture • Civil Engineering • Golf Course Irrigation & Engineering • Graphic Design • Surveying 462 E. Shore Drive, Suite 100 • Eagle, Idaho 83616 • P 208.939.4041 • www.thelandgroupinc.com 3 9 �pL LA Line Table EN O1 CD z' ' L5 • 50 L7 N28'24911 38.49' 1/2 � l F L5 S89'19'21'E 3.50' GAEL S. L7 S69'19'21'E 32.50' L8 SGO'4039Nd 20.00' c� mlf` LID S26'2431'W 50.37' m N C3 LU O co O L6 F o� S 00°40'19" W 53.50' — —I N89°19'41" W 72.51' NE CORNER SEC.23 R/W S 44019'00" E A'r. ( Curve Table Line Table _ O1 CD z' ' L5 LINE BEARING LENGTH L7 N28'24911 38.49' L2 NO0'4G39'E 41.88' L3 NB9'1921'W 3.50' L4 N00'4039'E 20.00' L5 S89'19'21'E 3.50' L6 S89'19'21'E 34.00 L7 S69'19'21'E 32.50' L8 SGO'4039Nd 20.00' L9 N8919TIM 32.50' LID S26'2431'W 50.37' 142.76' o� S 00°40'19" W 53.50' — —I N89°19'41" W 72.51' NE CORNER SEC.23 R/W S 44019'00" E A'r. ( Curve Table CURVE LENGTH RADIUS DELTA CHORD BEARING CHORD LENGTH C1 28.60 SOW 54°3TOB' S6322'52`W 27.53' C2 145.44' 219.00' 1 381259' N70'17'05'W 142.76' C3 34.21' 219.00' 8'5104° N55'4497'W 34.18' L7 Ico J F L9 J I p CD til L3J J M CDO °Q POB so / s S00'27'19"E 22.98' N89°1 771 -5, c2 R� y .oCD CD ? CIO 0 50' 100' 40 Sewer & Water Easement HORIZONTAL SCALE: i° = 50 �►\ /e.►� THE LAND GROUP �1 //�1' INCORPORATED r 462 East Shore Drive, Suite 100 Eagle, Idaho 83616 . � Phone 208.939.4041 � Fax 208.939.4445 Sheet Tille: IdaPac Southridge Subdivision Exhibit 'B' Mereidian Idaho Pralecl Na.: 114121 Me of lewence: 08/112015 Designed by LASE Checked by: STArF Shee No.; 1