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Sanitary Sewer and Water Main Easement with R.T. Nahas and Glenbrook Co. for Central Park Plaza ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 BOISE IDAHO 09107/04 10:35 AM ~:~:E~~~~eQ~~~~iJI~9 1111111111111111111111111111111111111 Meridian Public Worka 104114517 SANITARY SEWER AND WATER MAIN EASEMENT "'1\ All J?¿r. /11.41/-,4..5 eo. ,g.-NlJ THIS INDENTURE, madethi~dayo¡{\\\~, 2Cll.between '¿'t£lIßflotJJI< ~. , the parties of the first part, and hereinafter call~~antors, and the City of Meridian, Ada County, Idabo, 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 and service 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 for the operation and maintenance of sanitary sewer and water mains 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 and replacement at the convenience of the Grantee, with the uee 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 perfonning 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. Sanitary Sewer and Water Main Easement EASMT.S&W pageLd 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 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 ofland, 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, ~~ ,¡, It. . sldent -' , !S~Cl~l=] County of Ada STATE OF IDAHO) ) ss ) On this Ie¡ -1;1. day of ....hJL'{ , 20f>4, before me, the undersigned, a Notary Public in and for said State, personally appeared R.DBçI2:í W. ~A ..\A6 ooftftt!. , known or identified to me to be theJ'resident and S8Ðfetmy, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. VI'" IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day d æ:""""" an year ,Iuve" wn, t,t,en, , Qï' ,~;::>\ \ 11 ("f':e- ! ,. ~' ~, (TB\.\(, J i \18>.. eoOoj ~:g o' '~ Sanitary Sewer and ~l&:@JtF~~ 'e............,' \..-- N Y PUBLIC FOR IDAHO Re i 'ng at: Bol~. \D Co ission Expires: ~vL. 12..: Ob EASMT.S&W page.d....ot!l... CITY OF MERIDIAN 8~.~ STATE OF IDAHO, : ss, County of Ada, ) On this ~day of fA. CA. + ,2004, before me, the undersigned, a Notary Public in and for the State of Idaho, ersonally appeared Tammy de Weerd and William G, Berg, Jr" known to me to be the Mayor and City Clerk of the City of Meridian, Idaho and who subscribed their names to the within instrwnent 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, SEAL ",""""""""," .'" ~\Ct\ L. .r~-' ... ...';,00"""""';:";." l {~OT",~ \Øo \ :*. ¡..: : : -.- : * : . \ . - \ <p'.. .þ(¡BL1~ i "..,. ". ¡ '. '1 ~ ""... ~O.. ""..f OF n)~",'.. -,..."",,", Page 3 nf I} Roylance & Associates P .A. 391 W, State Street, Suite E, Eagle, Idaho 83616 Engineers. Surveyors. Landplanners Telephone (208) 939-2824 Fax (208) 939-2855 Exhihit "A" July 13, 2004 Project Number: 2456 Legal Description Waterline Easement Central Park Plaza 4,330 Square feet A tract of land situated in a portion of the West One Half of Section 18, Township 3 North, Range I East, Boise Meridian, City of Meridian, Ada County, Idabo, described as follows: Commencing at a found brass cap monumenting the Southwest Comer of said Section 18, thence following the westerly line of said Section 18, North 01 °02'04" East a distance of2,650,29 feet to a found brass cap monumenting the West Quarter Comer of said Section 18; Thence leaving said westerly line, South 72°13'32" East a distance of 510,67 feet to a found 5/8-inch steel pin on the easterly right-of-way of South Progress Avenue; Thence leaving said easterly right-of-way, South 62°09'41" East a distance of 150,51 feet to a found 5/8-inch steel pin; Thence North 90°00'00" East a distance of326,87 feet to the POJNT OF BEGJNNJNG. Thence North 00°00'00" West a distance of85,55 feet to a point; Thence North 28°28'00" East a distance of 42.31 feet to a point; Thence North 61 °32'00" West a distance of9.44 feet to a point; Thence North 28°28'00" East a distance of20,OO feet to a point; Thence South 61°32'00" East a distance of 9.44 feet to a point; Thence North 28°28'00" East a distance of39,09 feet to a point; Thence South 61 °32'00" East a distance of20,OO feet to a point; Thence South 28°28'00" West a distance of96.33 feet to a point; Thence South 00°00'00" West a distance of5,05 feet to a point; Thence North 90°00'00" East a distance of 30.40 feet to a point; Thence South 27°40'55" West a distance of22,59 feet to a point; Thence South 90°00'00" West a distance of 19,91 feet to a point; Thence South 00°00'00'.' East a distance of 55.42 feet to a point; Thence South 90°00'00" West a distance of20,OO feet to the POJNT OF BEGJNNJNG, The above-described tract ofland contains 4,330 square feet, more or less, subject to all existing easements and rights-of-way, Prepared By: ROYLANCE & ASSOCIATES PA 391 W, STATE STREET, SUITE E EAGLE, IDAHO 83616 (208) 939 2824 (208) 939 2855 (FAX) X : IPr oj ecls IN ahas \245 6\AD MINILEG ALS\exh í b í to. doc Roylance & Associates P .A. 391 W. State Street, Suite E, Eagle, Idaho 83616 Engineers. Surveyors. Landplanners Telephone (208) 939-2824 Fax (208) 939-2855 Exhibit "A" July 13, 2004 Project Number: 2456 Legal Description Waterline Easement Central Park Plaza 4,018 Square feet A tract of land situated in a portion of the West One Half of Section 18, Township 3 North, Range I East, Boise Meridian, City of Meridian, Ada County, Idabo, described as follows: Commencing at a found brass cap monumenting the Southwest Comer of said Section 18, thence following the westerly line of said Section 18, North 01 °02'04" East a distance of 2,650.29 feet to a found brass cap monumenting the West Quarter Comer of said Section 18; Thence leaving said westerly line, North 65°27'06" East a distance of 834.11 feet to a found 5/8-inch steel pin on the easterly right-of-way of South Progress Avenue; Thence following said easterly right-of-way, South 28°28'00" West a distance of 4,29 feet to the POINT OF BEGJNNJNG. Thence leaving said easterly right-of-way, South 65°17'06" East a distance of 195,26 feet to a point; Thence South 24°42'54" West a distance of25,OO feet to a point; Thence North 65°17'06" West a distance of20,OO feet to a point; Thence North 24°42'54" East a distance of 5,00 feet to a point; Thence North 65°17'06" West a distance of 176,57 feet to a point on the easterly right-of-way of South Progress Avenue; Thence North 28°28'00" East a distance of20.04 feet to the POINT OF BEGJNNJNG, The above-described tract ofland contains 4,018 square feet, more or less, subject to all existing easements and rights-of-way. Prepared By: ROYLANCE & ASSOCIATES P.A. 391 W. STATE STREET, SUITE E EAGLE, IDAHO 83616 (208) 939 2824 (208) 939 2855 (FAX) X:\ProjectsINahas\2456\ADMIN\LEGALS\exhibit a (2).doc PagA 5 n(~ / ~~/ ¡/ ~tp / \'Æ$T 1/4 SECTION 18 / # / {;OUND BRASS CAP I ~ / 872 ~ -.:.zJ'J2" I 570.6..;;,...f 1--- ~ J y 86<>, FOUND 5/S-INCH '807)9'-1,"(- SlEEL PIN .8" Ii to ~r POINT OF COMMENCEMENT 1- ¡~U~:,"'~~~S¡Eg:'.ON 18 ',' : -V SCALE IN FEET , EXHIBIT "B" WATERUNEEASEMENT CENTRAL PARK PLAZA LINE TABLE LINE LENGTH BEARING L1 9.44 N61"32'OO"W L2 20.00 N2S"2S'OO"E L3 9.44 S61"32'OO"E L4 20.00 S61"32'OO"E L5 5.05 SOO"OO'OO"W L6 30.40 N90"00'OO"E L7 22.59 S27'40'55"W LS 19.91 S90"00'OO"W L9 20.00 S90"00'OO"W J. oot' 0> ~IÓ Pit) ~'" 0'" z t CENTRAL PARK PLAZA A POfITION OF 11-E W 1/2 OF SEC11ON 18, T3N, REo ElM, CITY OF MERDIAN. /IDA COUNTY, DAHO ./q" (~ / cl " '<:J- ì &~ I $¡'IJ??' I PARCEL C :y/l.Y I~f¡ OJ ROS No, 6359 Ú, I.~ ì . ~~ I.a> ?ò':5I;,., 1& / lV/"') 1& &¡ ~ Ie-, ~ I ( ~L-;LL6- iol " :rll LS " 0)1 r- - ""1:1 -I bl .!-'-'I 0 o. 81 gl~ PARCELF ~: ~::g ROS No. 6359 -::--I en ¡- 20' N90'OO'OO"E I L9..l- , , 326.S7' lFOUND 5/S-INCH \"'POINT OF STEEL PIN BEGINNING 40 / PARCELD ROS No, 6359 1 X, \Pcoj,cl,\Nchoe\2456\DRAWINGS\EXHIBITS\EHIBIT B.dwg 7/13/2004 1"5"54 AM PDT ROYLANCE AND ASSOCIATES PA Engineers Surveyors Landplanners, ßt)'" 391 W State Street Suite E Eagle Idaho 83616 7/13/04 Phone (208) 939-2824 Fax (208) 939-2855 "" ÞPOINT OF COMMENCEMENT SW CORNER SECTION 18 FOUND BRASS CAP J. -.to> ~Id aLl') 5~ z CENTRAL PARK PLAZA A POfI'T1ON OF 11-E W 1/2 OF SECT1OIl8, T:!N, HE, 8M, CITY OF ~ ÞDA COI.NTY, DAHO I Ù,' FOUND 5/8-INCH ;S.~ í. STEEL PIN / 'r' L1 ! / """...... / <I) ...... t- " ...... '\ -..;...... """"""......"""'" WEST 1/4 SECTION 18 ~~ / ~~ """...... """......88S., ......... FOUND BRASS CAP 'r;!IÓ Y / """"""...... -...: ....?~8. ~ S1.1.?- ............ê 7 \'\~ I /',(, POINT OF """"""...... """.!!..s'<8' ~ / V BEGINNING 1\'8S.,;;............ , """............J20' 0 De"Ift"""""" ¡'\.( / 7?;¡"""...... """...... / ,q," .S?, ...... """...... / / PARCELB 7"""............"""ì , ~ ~ C, ROSNo.6359~...... / / LINE TABLE ,.. LINE I LENGTH I ' BEARING, j L1 I 4.29 I S28'28'OO"W ,. ---- -.-- J< 1f I 0 LL L:>.UU S24"42'54-W L3 20.00 NS5"17'OS"W L4 5.00 N24'42'54"E L5 20.04 N28'28'OO"E 20 40 SCALE IN FEET X, \Pcoj,ct,\Nah,,\2455\DRA"'NGS\EXHIBITS\EHIBIT B,dwg 7/13/2004 ",5,,54 AM PDT EXHIBIT "B" W A TERUNE EASEMENT CENTRAL PARK PLAZA ROYLANCE AND ASSOCIATES PA Engineers Surveyors Landplanners æ 391 W State Street Suite E Eagle Idaho 83616 7/13/04 Phone (208) 939-2824 Fax (208) 939-2855 ALII