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Hastings Subdivision No. 3 Sewer Water EasementADA COUNTY RECORDER Christopher D. Rich 2017-084174 BOISE IDAHO Pgs=6 LISA BATT 09/07/2017 11:18 AM CITY OF MERIDIAN, IDAHO NO FEE SANITARY SEWER AND WATER MAIN EASEMENT ,Ll THIS INDENTURE, made this�0 day of, 20�between� ,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 Watei' MainTasement 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. G O �"- "L-��...`� / Address Secretary STATE OF IDAHO ) ) ss County of Ada ) On this /011- day of v , 20 t l , before me, the undersigned, a Notary Public in and for said State, per onally appeared Pooe(t Hosctc and ` known or identified to me to be the Rtes' and 1�,,e---6e4�-Seeretary, respectively, of the 60p01i-that executed the within instrument, and aclmowledged 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. CASSANDRAJEAN COSSETTE NOTARY P LIC FOR IDAHO NOTARY PUBLIC STATE of IDAHO Residing at: 19 tco Commission Expires: Mctvc,&_ 30, day 3 Sanitary Sewer and Water Main'Easeinent REV. 08/15/16 GRANTEE: CITY" OF MERIDIAN Tammy de W Attest , City Clerk �P,��p AUGUST' L ,0' �ti 5EA .Approved By City Council On: 9 � 5-/ STATE OF IDAHO, ) Ss, County of Ada ) On this . day of Q 4�k�� ., 201_1, before ine, the undersigned, a Notary Public in and for said State, laersonally appeared Tammy de WeQrd and Cray 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 aclmowledge.d to me that the City of Meridian executed the carne, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year -fust above written, r\.Q NOTARY PUBLIC FOg,n AffO Residing at: `MM w' b Commission Expires: ?z,R 2 Sanitary Sewer and Water Main Easement RFV, 08/15/16 A d p 9233 WEST STATE STREET l BOISE, ID 83714 1 208.539.6939 ( FAX 208.639.6930 August 9, 2011 Encore Development, LLC Project No. 16-201 Legal Description City of Meridian Sewer and Water Easement EXHIBIT A A parcel of land for a City of Meridian Sewer and Water Easement over a portion of Lots 44 and 45, Block 49 of Lochsa Falls Subdivision No. 12 (Book 92 of Plats at Pages 10958-10960, records of Ada County, Idaho), situated in a portion of the Northeast 1/4 of Section 26, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho and being more particularly described as follows: Commencing at a found aluminum cap monument marking the North 1/4 corner of said Section 26, which bears N89'38'44"W a distance of 2,630.00 feet from a found aluminum cap monument marking the Northeast corner of said Section 26, thence following the northerly line of said Northeast 1/4, S89°38'44"E a distance of 639.79 feet; Thence leaving said northerly line, S00°21'16"W a distance of 415.13 feet to the southwest corner of said Lot 45; Thence following the southerly boundary line of said Lot 45, S89'3844"E a distance of 102.50 feet to the POINT OF BEGINNING. Thence leaving said southerly boundary line and running the following twenty-nine (29) courses: 1. N00°21'16E a distance of 76.80 feet; 2. N89°3844W a distance of 7.00 feet; 3. N00021'16E a distance of 15.00 feet; 4. 589038'44E a distance of 7.00 feet; 5. N00°21'16E-a distance of 23.83 feet; 6. N89°3844W a distance of 7.00 feet; 7. N00°21'16E a distance of 10.00 feet, 8. S89°3844E a distance of 7.00 feet; 9. N00'21'16E a distance of 72.12 feet; 10. N89°38'44W a distance of 7.00 feet; 11. N00°21'16E a distance of 10.00 feet; 12. S89'38'44E a distance of 7.00 feet; 13. N00021116E a distance of 75.38 feet; 14. S89°38'44E a distance of 128:00 feet; 15. N00°21'16E a distance of 12.50 feet; 16. S89'38'44E a distance of 10.00 feet; 17. S00'21'16W a distance of 12.50 feet; 18. S89°38'44E a distance of 119.00 feet; 19. S00°21'16W a distance of 45:41 feet; 20: S89°38`44E a distance of 10.00 feet; 21. S00621'16W a distance of 30.00 feet; 22. S89638'44E a distance of 6.00 feet; 23. 800°21'16W a distance of 10.00 feet;. "_''` ENGINEERS l SURVEYORS l PLANNERS 24. N89°38'44W a distance of 6.00 feet; 25. 800021'16W a distance of 110.52 feet; 26. S89038'44E a distance of 6.00 feet; 27. S00°21'16W a distance of 10.00 feet; 28. N89°38144W a distance of 6.00 feet; 29. S00021'16W a distance of 77.20 feet to the southerly boundary line of said Lot 44; Thence following said southerly boundary line, N89°3844W a distance of 30.00 feet, Thence leaving said southerly boundary line and running the following twenty-nine (29) courses: 1. N00°21'16E a distance of 68.04 feet; 2. N89°38'44W a distance of 7.00 feet; 3. N00021'16E a distance of 10.00 feet, 4. S8903844E a distance of 7.00 feet; 5. N00021'16E a distance of 39.16 feet; 6. N89°3844W a distance of 7.00 feet; 1. N00°21116E a distance of 10.00 feet; 8. S89°38'44E a distance of 7.00 feet; 9. N00°21'16E a distance of 70.58 feet; 10. N89°38'44W a distance of 7.00 feet; 11: N00021'16E a distance of 10.00 feet; 12. S89b38'44E a distance of 7.00 feet; 13: N00°21'16E a distance of 55.34 feet; 14: N89°38'44W a distance of 217.00 feet; 15. 800°21'16W a distance of 25.41 feet; 16. S89'38'44E a distance of 10.00 feet; 17. S00'21'16W a distance of 30.20 feet, 18. S89°38'44E a dicta nce of 6.00 feet; 19. S00°21'16W a distance of 10.00 feet; 20. N89038'44W a distance of 6.00 feet; 21. 800°2.'16W a distance of 72.04 feet; 22. S89°38'44E a distance of 6.00 feet; 23. S00°21'16W a distance of 10.00 feet; 24. N89038'44W a distance of 6.00 feet; 25. S00°21'16W a distance of 37.55 feet; 26. S89638'44E a distance of 6.00 feet; 27. S00621'16W a distance of 10.00 feet; 28. N89038'44W a distance of 6.00 feet; 29. S00°21'16W a distance of 67.94 feet to the southerly boundary line of said Lot 45; Thence following said southerly boundary line, N89°38'44W a distance of 30.00 feet to the POINT OF BEGINNING. Said parcel contains 0.489 acres, more or less, and is subject to all existing easements and/or rights-of-way ofrecord. �\oNKL- LANG 5 ENSFD �y Attached hereto is Exhibit B and by this reference is made a part hereof. (1" � o 1-662 OF �OQ� 1, . RAGE 12 P--3 — _ S89'38'44"E_ — — — — _ BASIS OF BEARING ——N89'38'44"W 2630.00' - �639.79' — — — — —W. Chinden Boulevard — 1990.21' POINT OF / COMMENCEMENTI N 1/4 COR. SEC, 26— I Ii L14 L14 Ld LO J I �L46 t\ ° t L12_ I I L48 L10 � � • � J ° L50 oN Lot 45 i i J y 0 U)0 L8 L52 L6C L54 I to L56 z x mJ L2—/l I L58 _I 1LO S8938'44"E ( 102.50' (TIE) L60 POINT OF BEGINNING 1 PROJECT: 16-2U1 te, oF''2 NE CORNER SEC. 26 Lot 48, Block 49 Lochsa Falls Subdivision No. 12 (Common Lot) �L17 L18 — — - A- - 10) r7 I I J L20 L42I -J L22 r LOT LINE L40 I 1 L24 0)-j: I I Lot 44 L38� 1 IN IJ L36 to I I L26 L34 N " J L32AI L28 I 10) '01 (N �L30� W. Everest Lane (Private Lan,) 0 '0 80 16# MENEM Scale:i1 LEGEND ® FOUND ALUMINUM CAP A CALCULATED POINT BOUNDARY LINE — — ADJACENT BOUNDARY LINE — — — — — — — EASEMENT LINE — — — — — — — — SURVEY TIE LINE — — SECTION LINE EXHIBIT B Encore Development, LLC City of (Meridian Sewer and Water Easement. ' A'parcel of land sittiated in the NE 1/4,Sec. 26, T.4 N., R.1 W., B.M., City of Meridian, Ada County, Idaho O z Qj C cf ° -See ? o :6 `m _o M v, N o J U— M .� 0