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Shelburne Subdivision No. 1 (Easement #1) Sanitary Sewer and Water Main EasementADA COUNTY RECORDER Christopher D. Rich 2017-023026 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 03/17/2017 04:40 PM CITY OF MERIDIAN, IDAHO NO FEE SANITARY SEWER AND WATER MAIN CASEMENT LLQ THIS INDENTURE, made this i day of ti,, 20 between ShelbyIMs, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the patty 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 ofthe 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 malting 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 Sanitary Sewer and Water Main Easement REV. 08/15/16 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 casement, 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 apart 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.. Z r LhN# TI - 4 c JAddreSP/ STATE OF IDAHO ) ss County of Ada ) On this X13 day of Public in and for said Stf Seavtary, respectively, of the corporation that executed 1 acknowledged to me that such corporation, executed the same. S WHEREOF, I have hereunto set my hand and affixed my official seal the day above written. 0 -9000*01- Sanitary Sewot and water Nkfrstffifito o OTARY PUBLIC FOR IDA O Residing at; Commission Expires; REV. 08/15/16 GRANTEE; CITY OF MERIDIAN Coles, City Clerk Approved By City Council On; L/ 1 l f X STATE OF IDAHO, ) ss, County of Ada ) On this1 i h day of M C1, 'C l , 20) , before me, the undersigned, a Notary Public in and for said State, personally appeared 'Tammy do 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, rrrrrrrr E . r w 9 OF 1 4'+••• rurrr•• . irtf Off .r Yry 40 Le N Santt y •gewer and Water Main Easemont NOTARY PUB IC FOR IDATM Residing at; Jud LCI &P t Commission Expires; ^o' QAZ REV, 08/9.5/16 EXHIBIT" A" Sanitary Sewer and Water Line Easement Description for CITY OF MERIDIAN UTILITY SHELBURNE SUBDIVISION NO. 1 UTILITY EASEMENT January 27, 2017 A utility easement located in Lot 1 of Zaldien Zerua Subdivision as filed in Book 81 of Plats at Pages 8,783 and 8,784, records of Ada County, Idaho and a portion of the N 112 of the SW 1/4 of Section 28, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho being more particularly described as follows: BEGINNING at the SE corner of said Lot 1; thence along the South boundary line of said Lot 1 North 89°19'15" West, 10.00 feet; thence leaving the said South boundary line North 00034'02" East, 160.90 feet; thence South 89°21'56" East, 129.88 feet; thence 31.72 feet along the arc of a non -tangent curve to the left, said curve having a radius of 51.50 feet, a central angle of 35017'19" and a long chord of 31.22 feet which bears South 15°26'10" East; thence North 89°21'56" West, 73.49 feet; thence North 00°34'02" East, 10.00 feet; thence North 89021'56" West, 45.00 feet; thence South 00034'02" West, 140.92 feet; thence North 8901915" West, 10.00 feet to the POINT OF BEGINNING. Page 1 of 1 O 10 589'21'56"E 129.88' CITY OF MERIDIAN WATER LINE EASEMENT N89'19'15"W 10.00' dV 0 POINT OF BEGINNING -SE CORNER OF LOT 1 ZALDIEN ZERUA SUB. a CURVE TABLE CURVE i i I N89'21'S6"W 3 N89'21'S6"W i I 51.50 73.49' I OI I N 35'17'19" cO I I i BLOCK 5 wl I I0 11 13 I o 1 to V) I 1(20.0'- A(20 11111T/ 11' 1 N89'19'15"W 1 10,00' 0 POINT OF BEGINNING -SE CORNER OF LOT 1 ZALDIEN ZERUA SUB. a CURVE TABLE CURVE RADIUS LENGTH CHORD DIST. CHORD BRG. DELTA Cl 51.50 31.72 31.22 S15'26'10"E 35'17'19" 25 100 05 50 150 SCALE: 1 " = 50' IDAHO 1450 E. WATERTOWER ST, SUITE 130SURVEYMERIDIAN, IDAHO 83642 208) 846-8570 GROUP, P'C. UNE TABLE LINE LENGTH BEARING L1 10.00 NO'34'02"E EXHIBIT"$" DRAWING FOR JOB NO. 15-137 CITY OF MERIDIAN WATER EASEMENT SHEET NO. SHELBURNE SUBDIVISION NO.1 1 OF 1 LOCATED IN THE N 1/2 OF THE SW 1/4 OF SECTION 28, DWG. DATE T.3N., RJE., B.M„ AOA COUNTY, IDAHO 2/23/2017