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Olivetree at Spurwing Sewer EasementADA COUNTY RECORDER Christopher D. Rich 2017-012609 BOISE IDAHO Pgs=5 LISA BATT 02/10/2017 09:46 AM CITY OF MERIDIAN, IDAHO NO FEE SANITARY SEWER EASEMENT THIS INDENTURE, made this day of, F6 r d g -Y , 2017, between Spurwing Corporation, an Idaho corporation and General Partner of Spurwing Limited Partnership, 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 panty 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 EXHIBITS 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 flee 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, its 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 described for this easement, which would interfere with the use of said easement for the purposes stated herein, Olivetree at Spurwing Sewer Main Easement REV. 08/15/16 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: SPURWING CORPORATION, General Partner of Spurwing Limited Partnership Jo , resident 1406 N. Main Street, Suite 205 Meridian, Idaho 83642 Address STATE OF IDAHO ) ss County of Ada ) On this I {1, day ofo 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared John W. Hewitt, known or identified to me to be the President of Spurwing Corporation General Partner of Spurwing Limited Partnership, 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 fist above written. ',�aaa�aauaagMq �••` yBE�SC) TARTUBLIC FOR IDAHO M •'N / 1 & 1o41 f ' 1 �T ` (%111 -L (� Residing at: f� I^tdr'^ c Commission Expires: 05"/2t PUBLIC yto��aa Olivetree at Snuar"WO ewer Main Easement REV. 08/15/16 GRANTEE: CITY OF MERIDIAN cl", 'vc\ Tammy de W , Mayor rREASUREJP���� Atte by C. Yay oles, City Cleric Approved By City Council On: L -1Z 7z --�9(z STATE OF IDAHO ) ss County of Ada ) On this day of"rLAA , 201 before me, the undersigned, allotary Public in and for said State, personally appeared TAMMY DE WEERD and C. JAY COLES, known to me to be the Mayor and City Cleric, 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. p'• (SEAL'* --'M`Q da'c� I ELI4AdL NOTARY PUBIC FOR IDAHO Residing at: (' nje s{ W -el -�-- ip Commission Expires: Olivetree at Spurwing Sewer Main Easement REV. 08/15/16 N 00°20'40" E 11/7-/1^ 3 21.11'--X POINT BEGINNINI NG w 0 I -,4- N c) O 04 0 z 242,d"1\23 27 26 a z.� ZI� SCALE 1 "=100' DR'G.DATE 03/02/16 bkb PROJ. NO. 130621 SHEET" 1 OF 1 130621—SSEASE.Dk%'G SANITARY SEWER EASEMENT 7,882 SF +/- 47 A 0. CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD BRG CHORD C1 37.77 75.00 28'51'15" S 75'57'18" E 37.37 W. CHINDEN BLVD. (SH 20/26))—��--23 1/4 S 89'11'32" E 2627,62' BASIS OF BEARING MERIDIAN CITY SANITARY SEWER EASEMENT PROPOSED OLIVETREE AT SPURWING SUBDIVISION LOCATED IN THE SW 1/4 OF SECTION 23, T.4N., R.1W„ B.M. MERIDIAN, ADA COUNTY, IDAHO ENGINEERING SOLUTIONS. 1029 N. ROSARIO STREET, SUITE 100 MERIDIAN, IDAHO 83642 Phone (208) 938-0980 Fox (208) 938-0941 EXHIBIT B March 2, 2016 MERIDIAN CITY SANITARY SEWER EASEMENT PROPOSED OLIVETREE AT SPURWING SUBDIVISION An easement located in the SW 1/4 of Section 23, TAN., R.1 W., B.M., Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the southwest corner of said Section 23, from which the South 11/4 comer of said section bears South 89°11'32" East, 2627.62 feet; thence along the west boundary of said SW '/4 of Section 23 North 00°20'40" East, 235.24 feet to the Point of Beginning; Thence continuing along said west boundary North 00°20'40" East, 21.11 feet; Thence North 71'41'25" East, 377.90 feet to a point on a curve; Thence 37.77 feet along the arc of a non -tangent curve to the left, said curve having a radius of 75.00 feet, a delta angle of 28°51' 15", and a long chord bearing South 75'57'18" East, 37.37 feet; Thence South 71'41'25" West, 416.22 feet to the Point of Beginning. Said easement covering 7,882 SF, more or less. ° GT A. 130621-ssease.doc