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Water Main Easement with Sundance Investments Limited Partnership for Silverstone Subdivision 2 );1 RECO~EQUEST DE. "1. \~~N~!~{fN8'" ~J "PUT~ 2002SP24 P113:48 1f( 102/09357 This Sheet has been added to the document to accommodate recording information. WATER MAIN EASEMENT SUNSTONEPLACEBLDG SUNDANCE INVESTMENTS LTD PARTNERSHIP "..,-' WATER MAIN EASEMENT THIS INDENTURE, made this at:. day of 4, 20ßbetween Sundance Investments Limited Partnership, 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 water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently counect to said pipeline 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, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, 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, performing other maintenance or making subsequent connection to the water line, 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 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. Sunstone Water Main Easement Page 1 SUNSTONE- WTR.doc - 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 ofland, 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: SUNDANCE INVESTMENTS LIMITED PARTNERSHIP CJ1.~ Chris Anderson Vice-President of Sundance Company and Authorized Agent of Sundance Investments Limited Partnership STATE OF IDAHO) ) ss County of Ada) On this 28 -\.'v, day of r.-;a. '-) , 20 02,before me, the undersigned, aN otary Public in and for said State, personally appeared Chris Anderson, known or identified to me to be the Vice-President and Authorized Agent of Sun dance Investments Limited Partnership who subscribed said partnership name to the foregoing 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. """""'" ""'\.;8 y P1l.~',., ,,' ~~ ."..... C'" ! ti ..' .....~o .~ ¡ {~ ",OT.4~ ..i¡II~ ! * -.- J-: '5 : . :*: \",\ÞÜlJL\Cl ¡ ~.,.. ..' ~ ~...-I r;~"""... ~O ,0'1' "'" OF IP ~""" ".........", Sunstone Water Main Easement ~y,-u--;1 ~ --y -t 0 .~ NOTARY P LIC FOR IDAHO Residing at ß,\."",{", \~. Commission Expires: \ '2.. - \ \" -( ) 5 Page 2 SUNSTONE- WTR.doc -'.~ GRANTEE: CITY OF MERIDIAN Approved By City Council On: Sunstone Water Main Easement Page 3 SUNSTONE- WTR.doc ~ TEALEY'S LAND SURVEYING 2501 Bogus Basin Rd. . Boise, Idaho 83702 (208) 385-0636 Fax (208) 385-0696 Project No.: 2438 Date: April 18, 2002 EXHIBIT "A" DESCRIPTION OF WATER LINE EASEMENT FOR SUNSTONE PLACE BUILDING of PROPOSEDLOT6,BLOCK2 SILVERSTONE SUBDIVISION A parcel of land situated in the SW 1/4 of the NW 1/4 of Section 21, T.3N., R.1E., 8.M., Meridian, Ada County, Idaho, said parcel being more particularly described as foilows: COMMENCING at a brass cap marking the Northwest corner of said Section 21; thence along the North line of said Section 21 South 89'13'50" East 1332.50 feet to the Northeast corner of the NW 1/4 of the NW 1/4 of said Section 21; thence along the East line of said NW 1/4 of the NW 1/4 of Section 21 and the East line of said SW 1/4 of the NW 1/4 of Section 21 South 00'13'16" West 2440.51 feet to a point; thence leaving said East line North 89'47'32" West 10.51 feet to a point of curve; thence along the àrc of a curve to the right having a radius of 273.00 feet, a central angle of 04'18'17", a length of 20.51 feet and a long chord that beans North 87'38'23" West 20.51 feet to the POINT OF BEGINNING; thence continuing along the arc of a curve to the right having a radius of 273.00 feet, a central angle of 04'13'29", a length of 20.13 feet and a long chord that beans North 83'22'30"" West 20.13 feet to a point; thence North 00'13'16" East 333.84 feet to a point; thence North 89'43'49" West 10.00 feet to a point; thence North 00'13'16" East 15.00 feet to a point; thence North 89'43'49" West 495.82 feet to a point; thence South 00°09'03" East 22.00 feet to a point; thence North 89'43'49" West 20.00 feet to a point; thence North 00'09'03" West 360.86 feet to a point; thence South 89°50'57" West 44.56 feet to a point; thence North 27°36'44" West 30.29 feet to a point on a curve; thence along the arc of a curve to the left having a radius of 340.00 feet, a central angle of 03'37'43", a length of 21.53 feet and a long chord that bears North 40'39'48" East 21.53 feet to a point; thence South 27°36'44" East 26.11 feet to a point; thence North 89'50'57" East 52.41 feet to a point; thence South 00°09'03" East 245.96 feet to a point; thence at right angles North 89'50'57" East 15.00 feet to a point; thence at right angles South 00°09'03" East 20.00 feet to a point; thence at rightangles 2438-Water-ease.dac . dnm TEALEY'S LAND SURVEYING 2501 BOGUS BASIN ROAD. BOISE, IDAHO 83702'(208) 385'()636 Project No.: 2438 Exhibit "A" (cont) Sunstone Place Building Water Line Easement Page 2 South 89"50'57" West 15.00 feet to a point; thence at right angles South 00"09'03" East 73.05 feet to a point; thence South 89"43'49" East 505.95 feet to a point; thence North 00"13'16" East 100.35 feet to a point; thence North 44"46'44" West 44.60 feet to a point; thence North 00°13'16" East 122.89 feet to a point; thence North 22"15'10" West 102.97 feet to a point; thence North 44°45'10" West 48.66 feet to a point; thence North 67°15'10" West 49.31 feet to a point; thence North 89°45'10" West 136.11 feet to a point; thence South 00°14'50" West 18.12 feet to a point; thence at right angles North 89°45'10" West 20.00 feet to a point; thence at right angies North 00°14'50" East 18.12 feet to a point; thence at right angles North 89°45'10" West 193.42 feet to a point; thence North 69"07'06" West 39.05 feet to a point on a curve; thence along the arc of a curve to the left having a radius of 340.00 feet, a central angle of 03"23'05", a length of 20.09 feet and a long chord that bears North 26°04'33" East 20.08 feet to a point; thence South 69°07'06" East 33.59 feet to a point; thence South 89°45'10" East 349.87 feet to a point; thence South 67"15'10" East 57.27 feet to a point; thence South 44°45'10" East 56.61 feet to a point; thence South 22°15'10" East 110.93 feet to a point; thence South 00°13'16" West 118.58 feet to a point; thence South 44°46'44" East 44.60 feet to a point; thence South 00°13'16" West 479.72 feet to the POINT OF BEGINNING. 2438-Water-ease.doc - dnm N. JL 1[' EXHIBIT "B" PROPOSED WATERLINE EASEMENT SUNSTONE PLACE BUILDING SllUAJED IN 1HE SW 1/4 or lIiE NW 1/4. SECTION 21, T.JN., R.tE.. 8.M. MERIDIAN, ADA COUNTY, IDAHO 1332.50' EAST IIIOTH COR. ¡¡; ~ ;:; ~ l;a I~ 0 " I- 0 ...J 0 W en .0 0. 0 œ 0. I" 'J. 0 ad- B 5~5'95' 0 0" S 89"43'49' E N 89""49' W 495.82' --- --- CURVE TABLE DELTA LENImI 03'2]'05' 20.09' 04'13'29' 20.13' 03'37'43' 21."' 04"B'I7' 2051' LINE TABLE LtjE BEARING LENGTH L-I N B9'43'49' W ID.OO' L-2 N 00'13'10' E 15.00' L-3 S 00'09'03' E 22.00' L-4 N 89'43'49' W 20.00' L-5 N 27'30'44' W 30.29' L-O S 27'36'44' E 20.1<' L-7 N B9'5O'57' E 15.00' L-B S 00'09'03' E 20.00' L-9 S 89'50'57' W 15.00' L-IO N 44'45'10' W 4B.00' L-II N 07-'5'10' W 49.31' L-12 S 00"4'50' W IB.l2' L-13 N B9'45'IO' W 20.00' L-" N 00"'4'50' E IB.l2' .. CHORD 20.08' 20.13' 21.53' 20.51' PROPOSED LOT 9 .. ¡, g z 2438-water-eas..dwg 04-18-02