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Sanitary Sewer and Water Main Easement for Dectur SubADA COUNTY RECORDER Christopher D. Rich 01 O84 s-0�% BOISE IDAHO Pgs=6 DAWN TRIVOLIS 01/27 2016 00711:2AM MERIDIAN CITY NO FEE II"I�I'III"II�I'�'IIIII) II III II III IIII IIII�I SII 00188026201600070840060067 SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this day of , 20 between 4345 Linder Road 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. Decatur Estates 1 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: 4345 LINDER L- - Todd Amyx, Managd- 13967 W. Wainwright Drive, Suite 102, Boise, ID 83713 Address STATE OF IDAHO ) ss. County of Ada On this day of , 20 ,before me, the undersigned, a Notary Public in and for said S , personal appeared Todd Amyx, known or identified to me to be the Manager of the limited liability company that executed the within instrument, and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereur4o set my hand and affixed my official seal the day and year first above written. ���,saaaen� Ae (SEAL) '°� NO ARY PUBLIC FOR IDAHO V. �' Residing at: Commission Expires: (I tib or Decatur Estates 1 Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc GRANTEE: CITY OF MERIDIAN Tammy d�,W' rd, Mayor 4 Jaycee L. Holman, City Approved By City Council On: STATE OF IDAHO, ) : ss County of Ada ) TLD A UG,�s. l V PIDIAN:-- t �. On this 0?(o day ofi1 \ , 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. 0.980•• (SE:00 0 • 1 • �'LJBti ®••;�l�TF NOTA Y P BLIC AHO Residing at: Lk2Dd %cLn 1-0 Commission Expires: U0.n y Decatur Estates 1 Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc EXHIBIT A December 4, 2015 DESCRIPTION FOR CITY OF MERIDIAN WATER & SEWER EASEMENTS PROPOSED DECATUR ESTATES SUBDIVISION NO. 1 Easements located in the NE % of Section 35, TAN., R.1W., B.M., Meridian, Ada County, Idaho, more particularly described as follows: WATER EASEMENT A Commencing at the Northeast corner of said Section 35, from which the East % corner of said Section bears South 00°14'39" West, 2634.70 feet; thence South 34050'28" West, 1758.39 feet to the POINT OF BEGINNING; Thence South 00°40'09" West, 20.00 feet; Thence North 89°19'51" West, 21.00 feet; Thence North 00°40'09" East, 20.00 feet; Thence South 89019'51" East, 21.00 feet to the POINT OF BEGINNING. Said easement containing 420 S.F., more or less. WATER EASEMENT B Commencing at the Northeast corner of said Section 35, from which the East % corner of said Section bears South 00°14'39" West, 2634.70 feet; thence South 27°48'28" West, 2066.35 feet to the POINT OF BEGINNING; Thence South 49041'57" West, 31.00 feet; Thence North 40018'03" West, 20.00 feet; Thence North 49041'57" East, 31.00 feet; Thence South 40°18'03" East, 20.00 feet to the POINT OF BEGINNING. Said easement containing 620 S.F., more or less. WATER EASEMENT C Commencing at the Northeast corner of said Section 35, from which the East % corner of said Section bears South 00014'39" West, 2634.70 feet; thence South 06°34'20" West, 1955.17 feet to the POINT OF BEGINNING; Thence South 00014'39" West, 21.00 feet; Thence North 89045'21" West, 20.00 feet; Thence North 00°14'39" East, 21.00 feet; 141014-watease.docx Thence South 89045'21" East, 20.00 feet to the POINT OF BEGINNING. Said easement containing 420 S.F., more or less. SEWER EASEMENT Commencing at the Northeast corner of said Section 35, from which the East % corner of said Section bears South 00°14'39" West, 2634.70 feet; thence South 28°46'04" West, 1704.17 feet to the POINT OF BEGINNING; Thence South 00040'09" West, 253.43 feet to a point on a curve; Thence 20.02 feet along the arc of a non -tangent curve to the left, said curve having a radius of 228.00 feet, a delta angle of 05001'50", and a long chord bearing South 88°40'57" West, 20.01 feet; Thence North 00040'09" East, 254.12 feet; Thence South 89019'51" East, 20.00 feet to the POINT OF BEGINNING. Said easement containing 5,073 S.F., more or less. LANp T n 1.118 OF �P g \aN W. NP� 141014-watease.docx EXHIBIT B 26125 _ I POINT OF BEGYNN/NG IYM £AZYENT A 420 SF, f/ -L4 L2 L15.1- P AZMT /N!MW 5073 Sf. �S M R EgrA 9 I N ROPOSEp DE pI�s ION NO. ,/ ► — � SUB C1 PANT Or &9NN/NG / lob #A' M? EASEMENT C / I e- z POINT OF MMYN/NG 420 SF. f/- i I N WATER EASEMENT B / 620 SF 1/- IMS -- L12/ __ IrV�V��/-- °�' lo¢ I I I I �- LINE TABLE ( I LINE BEARING DISTANCE LINE BEARING DISTANCE L1 S 00'40'09" W 20.00' L9 S 00'14'39" W 21.00' L2 N 89'19'51" W 21.00' L10 N 89'45'21" W 20.00' L3 N 00'40'09" E 20.00' L11 N 00'14'39" E 21.00' LANd i L4 S 89'19'51" E 21.00' L12 S 89'45'21" E 20.00' �P L5 S 49'41'57" W 31.00' L13 S 00'40'09" W 253.43' L6 N 40'18'03" W 20.00' L14 N 00'40'09" E 254.12' U N 49'41'57" E 31.00' L15 S 89'19'51" E 20.00'o I L8 S 40'18'03" E 20.00' 111:1 ' P i CURVE TABLEN W. i I CURVE LENGTH RADIUS DELTA CHORD BRG CHORD i Cl 20.02 228.00 5.01'50" S 88'40'57" W 20.01— _ — 1/4 35.36 1 SCALE 1"=200' CITY OF MERIDIAN WATER &SEWER EASEMENTSEfIGINEERING PROPOSED DECATUR ESTATES SUBD, NO. 1 150LU 1029 N. ROSARIO ST., STE. 100 MERIDIAN, IDAHO 83642 Phone (208) 938-0980 Fax (208) 938-0941 DWG.DATE 12/04/15 PROD. T 150403 SHEET 1 OF 1 LOCATED IN THE NE 1/4 OF SECTION 35 T.4N., RAW., B.M. MERIDIAN, ADA COUNTY, IDAHO 150403-EASE.DWG bkb