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Sanitary Sewer & Water Main Easement with Century Farm Owners Association for Hills Centry Farm Phase 1ADA COUNTY RECORDER Christopher D. Rich 2016.032988 BOISE IDAHO Pgs=5 CHE FOWLER 04/20/2016 11:08 AM MERIDIAN CITY NO FEE II'I'II'I�I I�I"I'IIII'�I "'I III'I IIIII'I� I I' �'I) 00216163201600329880060064 SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this I q_ day of April, 2016, between Century Farm Owners Association Inc., an Idaho non-profit corporation, 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. CENTURY FARM OWNERS ASSOCIATION, INC. an Idaho non-profit corporation By: David W. Turnbull, President STATE OF IDAHO ) : ss. County of Ada ) On this day of April, 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared David W. Turnbull, known or identified to me to be the President 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 h nd and affixed my official seal the day and year first above written. W, I/Vl/ [11E N ARY IC IDAHO Commission Expires: Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc GRANTEE: CITY OF MERIDIAN Tammy de W/ rd, Mayor Attest by ja*-e'—. 'LIolma-E CI Approved By City Council On: STATE OF IDAHO, ) : ss County of Ada ) x Clerk y i-7 /(' City of, %Z22,-7 SEAL b� bb On this day of A'Dr N , 20 1 (P_, before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and 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. NOTARY PUBL C FOR IDAHO Residing at: (° Ct-d t ),VL Commission Expires: Si— Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc kAMrIELdMkAdMk 1=1301211:4'-M.. ji, 9233 WEST STATE STREET I BOISE, ID 83714 April 7, 2016 Hill's Century Farm Subdivision - Phase 1. Project No. 14-031 Legal Description City of Meridian Water and Sewer Easement EXHIBIT A 208.639.6939 1 FAX 208.639.6930 A Parcel of land for a City of Meridian Water and Sewer easement being all of Lot 11 Block 1 and a portion of lot 12, Block 1 of Hill's Century Farm Subdivision Phase 1, further situated 'in,a portion of the Southwest 1/4 of the Northwest 1/4 of Section 33, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho and being more particularly described as follows: Commencing at an aluminum cap marking the Northwest corner of said Section 33, which bears N00°13'13''E a distance of 2,677.50 feet from a found aluminum cap marking the West, 1/4 corner of said Section 33, thence following the westerly line of the Northwest 1/4 of said Section 33, S00°13'13"W a distance of 1,469.60 feet to a point; Thence leaving said westerly line, S89°46'40"E a distance of 48.00 feet to a point on the easterly right- of-way line of South Eagle Road and being the POINT OF BEGINNING. Thence leaving said easterly right-of-way line, S89°46'28" E a distance of 101.80 feet to a found 1/2 -inch, rebar; Thence 97.87 feet along the arc of a circular curve to the right, said curve having a radius of 200.00 feet, a delta angle of 28002'12", a chord bearing of S7504522"E and a chord distance of 96.89 feet to a found 1/2 -inch rebar on the westerly right-of-way line of South Palantino Avenue; Thence following said westerly right-of-way line, 42.39 feet along the arc of a circular curve to the left, said curve having a radius of 80.00 feet, a delta angle of 30°21'45", a chord bearing of S43°41'45"W and a chord distance of 41.90 feet to a found 1/2 -inch rebar; Thence leaving said westerly right-of-way line, 67.13 feet along the arc of a circular curve to the left, said curve having a radius of 160.00 feet, a delta angle of 24002'26", a chord bearing of N77°45'15"W and a chord distance of 66.64 feet to afound 1/2 -inch rebar; Thence N89046'28"W a distance of 101.80 feet to a point on said easterly right-of-way line of South Eagle Road; Thence following said easterly right-of-way line, N00°13'13"E a distance of 40,00 feet to the POINT OF BEGINNING. Said easement contains 7,295 square feet, 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. ENGINEERS i SURVEYORS I PLANNERS 29 28 32 33 E. AMITY RD. POINT OF COMMENCEMENT FOUND ALUMINUM CAP NW CORNER SECTION 33 Io cn L N S89'46'40"E m� 48.00' (TIE) L� M (n r I m NI N 32 33 FOUND W 1/4 ENGINEERS. SURVEYORS. PLANNERS 9233 WEST STATE STREET BOISE, IDAHO 83714 PHONE (208) 639-6939 FAX(208)639.6930 HILL'S CENTURY FARM o 25 50 100 SUBDIVISION PHASE 1 Plan Scale r POINT OF BEG10 ING 9 8 S89'46'28"E 101.80' 12 Z N89 '46'28"W 101.80---0---- 3� aw o� mz ow 0 rW V W O ALUMINUM CAP CORNER SECTION 33 Nl L ANp 12459 99 �9rF F � QP�O Ll P�-�. 13 CURVE TABLE CURVE RADIUS LENGTH DELTA CHORD BRG CHORD C1 200.00' 97.87' 28'02'12" S75'45'22"E 96.89' C2 80.00' 42.39' 30'21'45" S43'41'45"W 41.90' C3 160.00' 67.13' 24`02'26" N77`45'15"W 66,64' LINE TABLE LINE# LENGTH DIRECTION L1 40.00 NO'13'13"E EXHIBIT B HILL'S CENTURY FARM SUBDIVISION PHASE 1 DATE: April 7, 2016 PROJECT:15.041 SHEET: CITY OF MERIDIAN WATER AND SEWER EASEMENT 1 OF 1 SW 1/4 NW 1/4 SEC 33, T.3N. R.1E. B.M. CITY OF MERIDIAN, ADA COUNTY, IDAHO