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Borough Subdivision Sewer and Water EasementADA COUNTY RECORDER Christopher D. Rich 2017-113207 BOISE IDAHO Pgs=10 HEATHER LUTHER 11/28/2017 10:53 AM CITY OF MERIDIAN, IDAHO NO FEE SANITARY SEWER AND WATER MAIN EASEMENT 1 St L-e 'CHIS INDENTURE, made this ?1 day of �, 20�between Q • b61* 1 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 Agy and year first herein above written. Secretary STATE OF IDAHO ) ) ss County of Ada ) On this day of /JoVe^ b e.- , 2011,before me, the undersigned, a Notary Public in and for said State, personally appeared MV eo 64,- *Lg All and known or identified to me to be the P�� .Seefetarp; respectively, of the corporation that executed the within instrument, and 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. Sanitary Sewer and NOTARY PUBLIC FOR IIJAHO O 'ta Residing at: Commission Expires: L4-054- - )- 94S REV.. 08/15/16 GRANTEE: CITY OF MERIDIAN Approved By City Council On: STATE OF IDAHO, : ss. County of Ada 0( SEAL On this_qN_day of20_11 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, I IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Residing ku 9$ Sanitary Sewer and Water Main Easement REV. 08/15/16 Exhibit,_„ SEWER AND WATER EASEMENT Description for CITY. OF MERIDIAN Boroughs Subdivision A portion of Lot 6, Block 1 of Westborough Subdivision as file In Book 87 of Plats at I Pages 9884 through 9886, records of Ada COuntYljdaho, located in the NE 1/4 of Section 30JAN., RAE,, B.M., Meridian, Ada County, Idaho more, particularly described at follows: Commencing at the SW comer of said Lot 6, thence along the West boundary litre of said Lot 6 N 00029'56' Fast,, 97.50 feet to the REAL POINT OF BEGINNING; thence continuing along said West boundary line N 0002956" East, 30.00 feet; thence leaving said West boundary line South 89014'17" East, 94.13 feet; thence continuing South 89014'17" East, 30.00 feet; thence North 00"30'14" East, 66.36 feet; thence South 89*2946" East, 9.20 feet; thence, North 00030114" East, 12.50 feet; thence North 8902946" West, 9,20 feet, thence North 00*30'14" East, 74.70 feet; thence South 8005648" East, 172,98 feet, thence North 00*03'1211 East, 26.66 feet', thence South 89,5614811 East, 37.91 feet, thence South 66*4645" East, 34.82 feet; thence South 235'13'15" West, 11.50 feet; Page I of 5 thence South 66'46'45" East, 9.86 feet; thence North 23'13'15" East, 11.50 feet; thence South 6604645" East, 22.05 feet; thence South 23004'08" West, 159.25 feet; thence North 89'14'17" West, 29,37 feet; thence North 00045'43" East, 15.18 feet; thence North 89014'17" West, 8.00 feet; thence South 00045'43" West, 15.18 feet; thence North 89014'17" West, 138.29 feet; thence North 0004543" East, 16.42 feet; thence North 8903322" West, 5.00 feet; thence South 00045'43" West, 16.39 feet; thence North 89014'17" West, 30.46 feet; thence continuing North 89014'17" West, 30.00 feet; thence North 00030114" East, 151.05 feet; thence North 89"29'46" West, 31.51 feet; thence North 00030'14" East, 6.00 feet-, thence South 89029'46" East, 31.51 feet; thence North 00030'14" East, 16.14 feet; thence South 8905648" East, 52.36 feet; thence North 00'03'12" East, 30.87 feet; thence South 8905648" East, 10.30 feet; thence South 00003'12" West, 30.87 feet; Paget of 5 thence South 89*5648" East, 61.12 feet; thence South 00100'00" East, 14.50 feet', thence South 89'5614811 East, 58.95 feet; thence North 00°03' 12" East, 46.44 feet; thence South 89'56'4811 East, 20.00 feet; thence South 00'03'12" West, 19.56 feet; thence South 89*5648" East, 34.22 feet; thence South 66'46-45" East, 31,37 feet; thence North 23*13'15" East, 4.30 feet; thence South 7939'15" East, 7.18 feet; thence South 23°13'15" West, 5.90 feet; thence South 6604645" East, 17.16 feet; thence South 8903954" East, 82.52 feet, thence North 14004'48" East, 12.81 feet; thence North 90000'00" East, 2.84 feet; thence South 3302547" East, 5.84 feet; thence South 21052'44" West, 8.18 feet; thence South 89039'54" East, 11.43 feet; thence South 45007'22" East, 37.79 feet; thence North 90,00,00" East, 7.98 feet; thence South 00000,00" East, 8.00 feet; thence North 90O0010011 West, 19.26 feet; thence South 00000'00" East, 130.93 feet; Page 3 of 5 thence North 90100-00" East, 21.50 feet; thence South 00*00,0011 East, 8.30 feet; thence North 89"3538" West, 21.50 feet; thence South 00000'00" East, 11.68 feet; thence South 45'00'00" West, 25.29 feet; thence South 0002422" West, 24.17 feet; thence North 89'35'38" West, 88.06 feet; thence South 00024'22" West, 13.00 feet; thence North 89'35'38" West, 19.00 feet; thence North 0002422" East, 13.00 feet; thence North 8903538" West, 25.98 feet; thence North 40042'18" West, 40.44 feet; thence North 57022'03" East, 36.70 feet; thence North 23004'08" East, 164.65 feet; thence South 89039'54" East, 30.22 feet; thence South 67001,05" East, 34.56 feet; thence South 00000100" East, 24.34 feet; thence North 90000,00" West, 11.00 feet; thence South 00000'00" East, 8.92 feet; thence South 90000'00" East, 11.00 feet; thence South 00000,00" East, 17.21 feet; thence North 90*0010011 West, 11.00 feet; thence South 00000,00" East, 6.00 feet; Page 4 of 5 thence South 90000'00" East, 11.00 feet; thence South 00000'00" East, 82.39 feet; thence South 45000'00" West, 28.54 feet; thence North 89*3538" West, 36.99 feet; thence North 0002422" East, 5.60 feet; thence North 89*35'38" West, 10.00 feet; thence South 00024'22" West, 5.60 feet; thence North 89035138" West, 40.12 feet; thence North 0002422" East, 3.98 feet; thence North 8903538" West, 5.00 feet; thence North 40042'18" West, 21.89 feet; thence South 57022'03" West, 36.70 feet; thence North 89°14'17" West, 322.07 feet to the REAL POINT OF BEGINNING. Page 5 of 5 0 ca 0 tT0 1 ti c z o 0 � � z' i I t t t L3S{?'03'12"W 311,87' NO'03'12"E S89'56'48"E i i S89'56'48"E 46.44' 589'29' 46"E _ J L--- 31 "51, ____31:51'cl 52,36'61.12' S89'S6'48' 31.51' x 14$0 E. WATERP0 WER SL 13 U RVEY SUITE 130 AIERIDIM, IDAHO M42 itr t' r b tat, b i 589'14'17"E _ J , z EVEREST ST. � ".111 L'+/ [ TIE LINE -----------------------_ < DEAL POINT Or BEGINNING t 0 -' LQ U t; ar w 1 t iy— HST;ROGH CR LOT 6,; BLOCK 1 SUBDIVISION dv N891*29'46"W BLOCK 1' 9.20' -N0'30'14"E 12.50' N89'14'17"W --9ct'9q'4R"F' 8,00" L 10 60 180 0 30 120 SCALE: 1" =HiQ" SEWER AND WA BOROUGH LOCATED IN,,THE NZ 1/4 MERIDIAN, FOR. EASEMENT 1 €3F 3 14$0 E. WATERP0 WER SL 13 U RVEY SUITE 130 AIERIDIM, IDAHO M42 GROUP, LLC (206)H4G-6574, SEWER AND WA BOROUGH LOCATED IN,,THE NZ 1/4 MERIDIAN, FOR. EASEMENT 1 €3F 3 1 34.22' L49� �-- L17 La N14*04'48"E- 46,44' I 1,7 12;81' 589'56'48" � L1 _ L 1-0------------ S89'3954 58.95' c�, r r-. [ 82.52' ---�-NO'03'12"E/`)'- N69'35'38" W S45'00'00"W 5.29' 26.66' L22/""', 40.44' L..._ r t E` � t-- I f` S0'24�'22"W 13.60' 7/ It gLQCK 1 N8'1 N89"14'17"W L11 L14, L30 ---- 138,25' L41 21.89' L49� �-- L17 l L f _ N89'107'xW —__322.117=�s L38 —L37_ i L34 f{ ,' N89'35`38"W' I 21,50 1 40'42'18"W ------l\ N69'35'38" W S45'00'00"W 5.29' yi 40.44' L..._ r r--_— MOW —_~__ SO*24'22"W 24.17' � t-- N89'35'38"WT 25.98' S0'24�'22"W 13.60' t I < 0, N0'24'2 "E N89'3538"W 13.0 '` 19.00' iv 10 50 180 a: 30 120 SCALE: 1" = 60' 146Q E. WATER'TOWER 5T: SUITE 130 SURVEY MERIDIAM IDAHO 83642 GROUP, L LC (206)846.0570 EXHIBIT DRA SEWER AND WATER LOCATED IN THE NE 1 4 MERIDF E EASEMENT t6-235 it/8/2017