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Sanitary Sewer Water Easement with Brighton for Paramount Veranda SubADA COUNTY RECORDER Christopher D. Rich 2016-032987 BOISE IDAHO Pgs=5 CHE FOWLER 04/20/2016 11:07 AM MERIDIAN CITY NO FEE ll I ll I I' I l I I" Il I'I"II' l ill lil (((' lI I'll I l Il Ali ' 00216162201600329870060067 SANITARY SEWER AND WATER MAIN EASEMENT 4-1 THIS INDENTURE, made this �� day of April, 2016, between Brighton Investments LLC, an Idaho limited liability company, 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. C MI-2FIIC�7 7i Brighton Investments LLC, an Idaho limited liability company By. Blake R. Alder, Authorized Signer 12601 W Explorer Drive Ste 200 Boise ID 83713 STATE OF IDAHO ) : ss. County of Ada ) On this 14`h day of April, 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared Blake R. Alder, known or identified to me to be an Authorized Signer 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 hereunI nP set my hand and axed my official seal the day and year first above written. r A 6 - r s ;' _ 1 ( F ' € ` NO k PUBLI OR IDA O `" Resi ng at: ,1, Commission Expires: Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doe GRANTEE: CITY OF MERIDIAN 4c' psF.D AUC���l Tammy de W , MayorG City of E IDIAN� ,� IDAHO 9 SEAT. Attest by rtan, ity Clerk yIle �A JaG� J �� u f 6e TR E AS�e. Approved By City Council On: % STATE OF IDAHO, ) : ss County of Ada ) On this 1 day of 20, before me, the undersigned, a Notary­— Public otaryPublic in and for said State, personally appeared Tammy de Weerd and jaycer h. f fohttatiJ a,�j�� D° 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. "ONN4.• (SEAL); a• NOTARY PUBC FOR IDAHO Residing at:� Commission Expires: -J�' ci— / Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doe Project. No.: 3976 Date: April 12, 2016 Rev: 4/13/16 A i, 12594 W. Explorer Drive, Suite 150 • Boise, Idaho 83713 (208) 385-0636 Fax (208) 385-0696 EXHIBIT "A" DESCRIPTION OF CITY OF MERIDIAN WATER AND SANITARY SEWER EASEMENT FOR PARAMOUNT VERANDA SUBDIVISION A parcel of land situated in the NE 1/4 of Section 25, T.4N., R.1W., B.M., Meridian, Ada County, Idaho and more particularly described as follows: COMMENCING at the Northeast corner of said Section 25, marked by a brass cap; thence along the North line of said Section 25 which is also the centerline of West Chinden Boulevard North 89°37'01" West 2141,49 feet to a point; thence leaving said North line at right angles South 00°22'59" West 583.18 feet to a point on the Easterly right-of-way line of North Fox Run Way which point is the POINT OF BEGINNING; thence leaving said right-of-way line North 47011'58" East 50.33 feet to a point; thence North 90°00'00" East 196.79 feet to a point; thence at right angles North 00°00'00" West 152.93 feet to a point; thence North 46°39'41" East 63.96 feet to a point; thence North 43'18'13" West 9.50 feet to a point; thence at right angles North 46041'47" East 10.00 feet to a point; thence at right angles South 43018'13" East 9.50 feet to a point; thence North 46'39'41" East 11.61 feet to a point; thence North 90000'00" East 50.28 feet to a point; thence at right angles South 00000'00" West 30.00 feet to a point; thence at right angles North 90°00'00" West 38.36 feet to a point; thence South 46'39'41" West 60.71 feet to a point; thence South 00000'00" West 137.49 feet to a point; thence at right angles North 90000'00" East 18.14 feet to a point; thence at right angles South 00°00'00" West 32.50 feet to a point; thence at right angles South 90000'00" West 199.37 feet to a point; thence South 45051'31" West 62.13 feet to a point on said Easterly right-of-way line of North Fox Run Way; thence along said Easterly right-of-way line North 44007'45" West 20.00 feet to a point; thence leaving said Easterly right-of-way line North 45°51'31" East 49.67 feet to a point; thence North 80°11'31" West 16.69 feet to a point; thence South 47011'58" West 39.86 feet to a point on said Easterly right-of-way line of North Fox Run Way; thence along said Easterly right-of-way line North 44007'45" West 20.01 feet to the POINT OF BEGINNING. Said Parcel Contains 17,126 Square Feet, more or less. Y 3976-Verand a-Ease-Water-Sewer- Dese. docx dnm y ry q:� b�l�` Page 1 of 1 24 BASIS OF BEARINGS —�/�— N 89°37'01" W 2669.33' 25 � 527.$4'-----�}------ 1 , , I I c0 r*i In t3 m to N N O 0 m EXHIBIT "B" CITY OF MERIDIAN WATER & SANITARY SEWER EASEMENT FOR PARAMOUNT VERANDA SUB. IN THE NE 1/4, SECTION 25 T.4N., R.IW., B.M. MERIDIAN, IDAHO C/L W. CHINDEN BLVD. -------- ----------- - 2141.49' N JL I I I PROPOSED VERANDA PARAMOUNT SUB I I , , , I i I I Aj \ O ` I `CACCMCf,IT � � S 43'18'13" E 9.50' N 46°41' E 10.00, N 43 ° 18'113 W� 9.50' N 46°39'41" E 63.96' EASEMENT AREA 17,126 S.F. 0.393 AC, N 80 ° 11' 31" W S 47-11-58- W/ 16.69' 39.86' 24 19 25 30 I I I N 46°39'41" E 11.61' N 90'00'00" E 50.28' S 00-00'00-' W 30.000' 38.36' N 90°00'00" W \ 60.71' S 46°39'41" W N 90 °00'00" E 196.79' \\N' 1-9 �-�\ �\7 \S 45 °51'31" W 14,42' 20.00' N 45 62.13' \ \ °51'31" E 0 vF 49.67' REV: 4/13/16 3976-Ease-Woter- Sewer, dwg 04-13-16 15:34:32 dmarks 199.37' S 90 °00'00" E 18.14' S 00 °00'00" W 32.50' 0 40 80 160 SCALE IN FEET I" = 80' TEALEY'S LAND SURVEYING 12594 W. EXPLORER DRIVE, SUITE 150, BOISE, ID 83713 208-385-0636