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Sanitary Sewer and Water Main Easement Shallow CreekADA COUNTY RECORDER Christopher D. Rich 2016-087110 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 09/14/2016 04:11 PM CITY OF MERIDIAN, IDAHO NO FEE SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made thislLit day of &* 20,& between r v leF i t C the parties of the first part, and hereinafter called the GRANTORS, and the Cit o eridian, 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 partthereof, 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. GRANTt , -*Pi89]46F* 0 r" ac v Secretary Address STATE OF IDAHO ) . ss. County of Ada } On this day of, 20 its, before me, the undersigned, a Notary Public in and for said State, personally appeared • / t • �' `�and known or identified to me to be the Fxesiderlt and Secretary, respectively, 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 hand and affixed my official seal the day and year first above written.t r ����w�u�urnru�ir { S �. 0TARy PUBO SanitarySewer,4� Pain Easement NOTARY PUBFIC F Residing at: &W - Commission Expires: EASMT S&W 11-15-13.doc GRANTEE: CITY OF MERIDIAN SEAL 0 — " 1 9 V "Iy' Approved By City Council On: STATE OF IDAHO, ) : ss County of Ada On this day of 5cr+ft b/?,r,20 before me, the Widdrsigned, a Notary, Public in and for said State, personally appeared Taminy de Weetd and can V W to me to be the Mayor res 'o eMeridian,VarhoVNCo executed the within instr cute str, an e ge omet 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. C, 44-t� NOTARY' PUB AHO Residing at: Commission Expires: Qf-7� Sanitary Sewer and Water Main Easement EASMT S&W I 1 -1 5-13.doc EXHIBIT CITY OF MERIDIAN PUBLIC WATER & SEWER EASEMENT LEGAL DESCRIPTION A utility easement located in the NW114 of the NW 1/4 of Section 17, T.3N.,R. I E., & M., City of Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the NW comer of said Section 17 from which the N114 comer of said section bears North 89031'58" East, 2645.89 feet; thence along the West boundary line of said Section 17 South 00000'00" East, 479.96 feet; thence leaving said centerline North 89031'58" East, 48.00 feet; thence North 00002'41" East, 77.06 feet; thence North 90*00'00" East, 20.00 feet to the REAL POINT OF BEGINNING; thence North 00'00'00" West;, 31.26 feet, thence North 03'26'00" East, 40.44 feet, thence 78.34 feet along the arc of a non -tangent curve to the right, said curve having a radius of 2,631.50 feet, a central angle of 01 *46'23" and a long chord of 7834 feet which bears North 86*06'04" East; thence North 0003111 "West, 153.15 feet, thence South 8944'16" East, 16.79 feet; thence South 6204216' East, 47.33 feet; thence South 82"11'59" East, 20,57 feet; thence South 00°31'11" East, 116.27 feet; thence 77.77 feet along the are of a non -tangent curve to the right, said curve having a radius of 2,539.50 feet, a central angle of 01 04616" and a long chord of 77.76 feet which bears North 8839'37" East, thence North 8903215" East, 199.78 feet; thence 28.27 feet along the arc of a curve to the eight, said curve having a radius of 18.00 feet, a central angle of 90000'00" and a long chord of 25.46 feet which bears South 45027'45" East; thence South 0002745" East, 137.40 feet; thence North 8903715" East, 80.67 feet; thence South 00'4848" East, 44.00 feet; thence South 01"45'39" East, 6.00 feet; thence South 8903215" West, 210.80 feet; thence North 00000'00" East, 52.00 feet; thence North 89032'15" East, 50.26 feet; thence North 0002745" West, 56.40 feet; thence 31.42 feet along the arc of a curve to the left, said curve having a radius of 20.00 feet, a central angle of 90000'00" and a long chord of 28.28 feet which beam North 45°27'45" West; thence South 89*32'15" West, 118.78 feet, said curve having a i chord of 238.12 feet which bears South 864650" West to the REAL POINT OF 7 8 E. FRANKLIN RD'. N89031'58"E 264589' 1/4, 8 `1817 17 - - --I EXHIBIT B vi CITY OF MERIDIAN PUBLIC WATER & SEWER EASEMENT SHALLOW CREEK SUBDIVISION A PARCEL OF LAND LOCATED R1 TIN NW 114 OF THE NW 1/4 SECTION 17,' t T.3N:, R.lK, B.M, CITY OF MERIDLIN, ABA COUNTY, IDAHO 2016 LINE. BEARING: DISTANCE L1 N 89'31'58" E 48.00'- L2 N 00'02'41"`E 77.06' L3 N 90'00'00"E 20.09 L4 N 89'32'15" E 118.78" L5. S 00'27'45" E 56,40' L6" S 89'32'15' W 50.26' L71 S 00'00'00" E 52.00`' L8. N 89'32'15" E 210;80' L9 N 01'45'39"' W 8.00` L10 N 00'48'48" 'W 44.00' L71 S 89'3715" W 80.67': , L12 N 00'27'45." W 137.40'. L13 S 89'52'15` W 199.78` L14 N 00'31'11" W 116.27'. L15 N 8211'59" W 20.57' L16 N 62'42'15" W 47.33' L17 N 80'44'16" W 16.79' US 3 0031'11" E 15315' 09 5 0325'00" W 40.44' L20 S 00'00'00" "E 1 31.26'' CURVE TABLE CURVE RADIUS ARC LENGTH: CHORD LENGTH CHORD BEARING DELTA ANGLE Cl 2460.50' 236.22' 238.12••'•' N 86'45'50" E - 5'32'50" G2 20100' 31.42.` 28.28" 9 45'27'45" E. 90100'00`' C3 2539.50' 77.77` 77.76' S 88'39'37" W 1'45'16"' C4 2531.50' 75.34' 78.34" 5 85'06'04" W 1'46'23" C5 2531.50` 78.34' 78.34` S 85"06'04" W 1'46'23'` 77 19 GREGORY G CARTER, PLS 7729 �O IDAHO SURVEY GROUP 1450 E. WATERTOWER STREET, STE. 130 OF �MERIDIAN, 10 83642 100 0 5o 100 200 SCALE IN FEET 1" = 100' ROCK SOLID CIVIL CMI Engineering and Lnd Dia,alopment Conwlting 270':North 27th Streak, 8o se, ID 83792 Office Phone: 208.3923277 m'k Jii runt rnm.