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Howry Lane Subdivision No. 1 Sewer Water EasementADA COUNTY RECORDER Christopher D. Rich 2017-084162 BOISE IDAHO Pgs=5 LISA BATT 09/07/2017 11:16 AM CITY OF MERIDIAN, IDAHO NO FEE SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this � day of , 20 17between M3 I b Rmo(« Lane, 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 casement 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 undertaldng 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. t ' Address Secretary STATE OF 6�(10A)A) ) ss County of M4 ri to P� A ) On this F� day of) ` , 20L, before me, the undersigned, a Notary Public in and for said State, personally appeared (d' 7 t 7 and known or identified to me to be the and, ,wRmrrespectively, of the corporation that executed the within instrumenM 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, REBECCA A. RIZZO N ARY PUBLIC FOR AetZok' Notary Public- State of Arizona Residingat: / t �hI P �tx MARICOPACOUNWX � My Commission expires Commission Expires: # . May 21, 2019 Sanitary SeNver and Water Main Easement REV. 08/15/16 GRANTEE; CITY OF MERIDIAN' VD pUGUg� "'� OW A iV t" z Ow of ,tet C✓ ' ��� 0u Approved By City Council On: q !�l 2)/.1 STATE OF IDAHO, ) : ss, County of Ada On this^ day of `� o f4eM, 20A], before me, the undersigned, .a Notary Public in and for said State, personally .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 Band and affixed my official seal the day and year first above written, '001044••• ENE,'•. PE 0V rU� • 1 i • 0'fia&ry LIL-PL. . NOTARY 1'U I FOP T� 0 Residing at. n Tri Commission Expires -,W' J-0 a� Sanitary Sewer and Water Main Easement "V, 08115/16 (JiJJ J•U-B ENGINEERS, INC. Exhibit A J -U-6 COMPANILS Howry Lane Subdivision No.1 Sewer & Water Easement Boundary Description Project Number 10-16-009 August 16, 2017 THEI GATEWAY i LANOOON APPING I GROUP INC. An easement situated in the southwest quarter of the northeast quarter of Section 33, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at the north quarter -section corner of Section 33, Township 3 North, Range 1 East, Boise Meridian, which bears N89°14'44"W, 2660.45 feet from the northeast section corner of Section 33; Thence S00°19'12"W, 1329.10 feet along the west line of the northwest quarter of the northeast quarter to the northwest corner of the southwest quarter of the northeast quarter; Thence S68°39'41"E, 470.76 feet along a random line to the POINT OF BEGINNING: Thence N58°46'30"E, 16.00 feet; Thence 69.30 feet on a curve to the right, having a radius of 125.00 feet, a central angle of 31°45'59", a chord bearing of N74°39'29"E, and a chord length of 68.42 feet; Thence S89027'31"E, 40.16 feet; Thence S00°32'29"W, 50.00 feet; Thence N89°27'31"W, 40.16 feet; Thence 41.58 feet on a curve to the left, having a radius of 75.00 feet, a central angle of 31°45'59", a chord bearing of S74°39'29"W, and a chord length of 41.05 feet; Thence S58°46'30"W, 8.97 feet; Thence N39°13'33"W, 50.49 feet to the POINT OF BEGINNING. The above-described parcel contains 0.12 acres, more or less. Page 1 of 1 ST `11334 lF OF \eL S ni a 250 S Beechwood Avenue, Suite 201 Boise ID 83709 p 208-376-7330 % 208-323-9336 Iv www,jub.com _11 CD N-1/4 N89'1 4'44"W 2660,45' 28 27 33 34 Curve Table No. Length Radius Delta Chd Bearing Chd Len C1 69.30' 125.00' 31'45'59" N74'39'29"E 68.42' C2 41.58' 75.00' 31'45'59" S74'39'29"W 41.05' 9�G� \ \� \� 68 39'41\ N58'46'30"E 16.00' x 6 \ G X w 0' \/ / \ 0 25 50 SCALE IN FEET 389'27'31 "E 40.16' o 2Nv— W. Rockhampton St. � � o 55 \ ' 40.16' N89'27'31"W S58'46'30"W 8.97' V T-1 34 A OF \/ Exhibit B REUSEOFORAW 9 FREG.�_. Howry Lane Subdivision No,1 SHEET THIS OOCUTAENf, AND THE �OEA6 Alto DE91ati3 EtCORPORATEO HEREIN �-10-167�,WATERA PR030-ZOOMA9 At11HSTRUNEltTOFPROFESSIONAISERVA:E,IS THE PROPERTYOFE ENOINEERS,ha ALIO 18 MOTTO GE USED IHVGIOIEOR PART, WNSYMeridian Idaho FOR ANY OTHER PRO'ECTIWHOUTTHE EXPRESS WRITTENIGN Oti': tlltltl - AUTHORPATN)NOFJIiA ENGINEERS. Ole CHECKED BY $014 Sewer & Water Easement 1•U -R ENGINEERS, INC. Section 33, T, 3N., R. 1 E., B.M. PFviCIf�N (1F.c(:RIPiYIV RY PR DATF LAST UPDATEP. B/INNI7 ff