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Southern Highlands No. 3 Sewer & Water EasementADA COUNTY RECORDER Christopher D. Rich 2017-044124 BOISE IDAHO Pgs=5 VICTORIA BAILEY 05/17/2017 12:06 PM CITY OF MERIDIAN, IDAHO NO FEE SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this day of , 20Lbetween �Vq lYl� 8 UYt�Ran�t jiL,, the 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 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 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 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 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. R IN lei , ti SK Y!'t c � c Address Secretary STATE OF IDAHO ) ) ss County of Ada ) 0 " /tt-L 14- � � 4 �/- VP '96LP ►le On this I D day of--MON."t , 20�1, before me, the undersigned, allotary Public in and for said State, personally appeared Craw" t N • -ItUAA-le-y- al d known or identified to me to be the r tAAVttv Sect ary, respectively, of the corporation that executed the within instrument, and .•ii 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. 001I61111t►", 'A , 0 S]t�fi �Z®®gd41 soot Noo, slAn gb010 ;ANOTARY PUBLIC FOR IDA e ® Residing at: tl6®,� S K m'� 4 Coin Expires: _ - 9' 261$ 6 Sariftary Sewer 'i Easement REV. 08/15/16 GRANTEE: CITY OF MERIDIAN 0 2 C11y of IDIAN�- Tammy de Weerd, Nfayor y SEAL a of the TF�EP'gJ�G Attes by C„ is CoIes, City Clerk C Approved By City Council On: / Z 1e 2� STATE OF IDAHO, ) . ss. County of Ada ) On this day of� (a , 2Qjt before me, the undersigned, a Notary Public in and for said State, pers lly appeared Tammy de Weerd and C.Jay Coles, 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. 040 6,094446 0 NOTARY PUBLIC FOR I AHO Residing at: Commission Expires: S-A3-Q6_a OF Sanitary sewer and Water Main Easement REV, 08/15/16 EXHIBIT "k)) DESCRIPTION FOR CITY OF MERIDIAN SEWER EASEMENT SOUTHERN HIGHLANDS SUBDIVISION NO. 3 A utility easement located in the N1/2 of Section 32, T.3N., R.IE., B.M., City of Meridian, Ada County, Idaho more particularly described as follows: Commencing at the C -N 1116 corner from which the NW1/16 bears North 89°44'45" West, 1335.96 feet; thence South 34°20'13" East, 1,407.10 feetto the REAL POINT OF BEGINNING; thence South 41 °01'42" East, 107.90 feet; thence South 00000'49" West, 30.46 feet; thence North 41 °01'42" West, 129.08 feet; thence 20.10 feet along the arc of a non -tangent curve to the left, said curve having a radius of 119.00 feet, a central angle of 09040'48" and a long chord of 20.08 feet which bears North 43049'45" East to the REAL POINT OF BEGINNING. NW 1/16 BASIS OF BEARING N89'44'45"W 1335.96' C -N 1/16 SEC 32 SEC 32 U ll gyp, O REAL POINT OF BEGINNING Q 0 BLOCK 4 1�t SO'00'49"W it 30.46' I CURVE TABLE CURVEI RADIUS LENGTH CHORD CHORD BRG. DELTA Cl 1 119.00 20,10 20.08 N 43'49'45" E 9'40'48" 25 100 05 50 150 (/ 0 SCALE: 1" = 50' N� 3ll�J« 729 �0 0 Y G. S:V50 Ptopcis\Sky Meso 15—WO\dug\iApr7dtomeae:fXB.dw9 5/20/2018 1.25 41 P11 MD7 EXHIBIT "g' DRAWING JOB NO, I DAH O 18-025 1460 SUITE1WATERTOWERST. CITY OF MERIDIAN SEWER EASEMENT SHEET NO, MERIDI30AN, IDAHO 838A2 SURVEY SOUTHERN HIGHLANDS SUBDIVISION NO. 3 1 MERIDIAN. (20D)846.8570 GROUP, P.C. LOCATED IN THE N 1/2 SECTION 32, T.3N., 0,1E„ B.M., DWG, DATE CITY OF MERIDIAN, ADA COUNTY, IDAHO 3/18/17