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Sanitary Sewer Easement with Sky Mesa Development for Southern Highlands No 2ADA COUNTY RECORDER Christopher D. Rich 2016.049725 BOISE IDAHO Pgs=5 VICTORIA BAILEY 06/08/2016 12:01 PM MERIDIAN CITY NO FEE 00234069201600497260060067 SANITARY SEWER EASEMENT THIS INDENTURE, made this day of , 20 etween %t� f � r �<;-I;d e �' r 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 right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline 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 for the operation and maintenance of a sewer line over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a sanitary sewer line and their allied facilities, together with their maintenance, repair and replacement 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 or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. 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. 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 Sewer Main Easement REV. 04/29/16 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 shall 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. . '4� , -"' ' �* we t4l 6, 1't M (02-5-5.-6-U?l e 6..j t, 2 -,fa Address F�ylCL,�,,� 3,6/& Secretary STATE OF IDAHO ) ss County of Ada ) t On this I S day ofA , 201(9, before me, the undersigned, a Notary Public in and for said State, pe onally appeared J iAk S 4 , - 10)+C K and , known or identified to me to be the fregidenrt and 11'1 c� r,� Secretary, respectively, of the that executed the within instrurien and acknowledged to me that such curpnr tan. executed the same. L -L' t� IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day ie written. NOTARY PJJ: Residing at:_ Commission FOR s:.3e REV. 04/29/16 GRANTEE: CITY OF MERIDIAN Approved By City Council On: (0— T Q"� � STATE OF IDAHO ) ss County of Ada ) -k n \ On this day of `�� , 20 1 GZ, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JACY JONES 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. K 1, ULk NOTARY PUBMUDAHO Residing at: Commission Expires: Sewer Main Easement REV. 04/29/16 May 20, 2016 Exhibit "A" Description For CITY OF MERIIDIAN SEWER EASEMENT Proposed Southern Highlands Subdivision No. 2 A portion of the Southeast 1/4 of the Northwest 1/4 of Section 32, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho being more particularly described as follows: COMMENCING at the Center -North 1/16 corner of said Section 32 from which the Northwest 1/16 corner of said Section 32 bears North 89°44'45" West, 995.79 feet; Thence South 00°00'00" East, 137.44 feet; Thence North 00°00'00" West, 494.41 feet to the REAL POINT OF BEGINNING; Thence South 46010'32" East, 300.37 feet; Thence South 43°49'28" West, 20.00 feet; Thence North 46010'32" West, 299.34 feet; Thence 20.05 feet along the arc of a non -tangent curve to the left having a radius of 119.00 feet, a central angle of 09039'14", and a long chord which bears North 40°52'04" East, a distance of 20.03 feet to the REAL POINT OF BEGINNING. 7728 OF 0P,� ���Y, ��. SEC 32 --o- NW 1/16 10 60 0 30 120 SCALE: 1" = 60' Mesa 15-130\dwg\Mwidian--EX8.dwg 5/20/2016 1:09:40 PM IADT IDAHO RADIUS I LENGTH 1450 E. WATERTOWER ST. SURVEY 130 Cl MEIR D AN, IDAHO 83642 1 20.05' (208) 846570 GROUP, P.C. N_89'44'45" W_ _ 995.79' SECS 32 C—N j 1/16 I WI CD OIC or CDle o� of 90.00'00" w 494.41' - N CURVE TABLE CURVEI RADIUS I LENGTH I CHORD CHORD BRG. DELTA Cl 1 119.00' 1 20.05' 1 20.03' N 40°52'04" E 9'39'14" EXHIBIT "B" DRAWING FOR CITY OF MERIDIAN SEWER EASEMENT SOUTHERN HIGHLANDS SUBDIVISION NO. 2 LOCATED IN THE SE 1/4 OF THE NW 1/4 SECTION 32, T.3N., R.tE., B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO JOB N0, 15-130 1 DWG. DATE 05-20-16