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Sanitary Sewer Easement with Wild Shamrock LLP for Touchmark Living Center Subdivision , ADA COUNTY RECORDER J. DAVID NAVARRO ßùlcC.IO,\I'O RECOROEO-REOUESTOF ~~ FEL1i:OEPUTY ~ 102065547 20112 IN , 0 PM 2: I 3 MERIDIAN CITY SANITARY SEWER AND WATER MAIN EASEMENT TmSINDENTURE,madethis/O~ayof /111l?- .. ,20~between WILDSHAMROCKL.L.P. , 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 preßÚses 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 ftom 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 "EXHIBIT A"AND "EXHIBIT 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 ftee 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 the Grantee, in making future repairs, will expediently replace and restore the preßÚses to a condition comparable to that existent prior to undertaking such repairs and replacement. However, the Grantee will not be responsible for repairing, replacing or restoring any permanent structures, large trees or brush placed within the area described in this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, large trees or brush within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. 2020 l-sanilaiysewer& water-eas ) THE GRANTORS do hereby covenant with the Grantee that they are lawful1y seized and possessed ofthe aforementioned and described tract ofland, and that they have a go~d and lawful right to convey said easement, and that they wil1 warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first hereinabove written. WILD SHAMROCKLL.P. k~ I. ~ Kenrick "Rick" E. Thomas, Partuer STATE OF IDAHO) )ss. County of Ada ) On this l1l!!},ßay of . ra~ ,200,& before me, the undersigned, a Notary Public in and for Said state, personal1y appeared - lJ.i( f.'Ibff( oCj and , Known or identified to me to be the President and Secretary, 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 In this certificate first above written. \\\11111111/1/111 s.\\ ~'! LH4 I", ~.. ...'ò........c.,....:~ ,::.-<:.t;. ";.¡.~ § ..' \\OTA.t "";">'~ ::::*:'JÞ ~ ::. :; : ~.~ :*= ~ \. ÞclsL\~ ..: f ~d};"""""",Ô ~ E: CITY OF MERIDIAN ~/~ OF 'Ot.~ \\'~ IIII"""III\\~ {1 eAvJ~/I~ Notary ~ic fo: Idãh'ó' Residing at ~ ~ My commission Expires . I rJ..11J 7 Approved By City Council On: 20201-sanitarysewer&water-eas ) EXHIBIT "A" DESCRIPTION FOR SANITARY SEWER AND WATER EASEMENT PROPOSED TOUCH MARK LIVING CENTER SUBDIVISION May 8, 2002 An easement lying in Parcel 2 of Record of Survey No. 5306 as recorded at the Ada County Recorders Office, lying in the NE 1/4 of Section 16, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northwest comer of the NE Y. (N Y. Comer) of Section 16, Township 3 North, Range 1 East, Boise Meridian; thence S 00.13'01" E 939.06 feet along the west line of the NE Y. of said Section 16 to a point; thence N 90.00'00' E 426.32 feet to the REAL POINT OF BEGINNING of this description; Thence N 00.00'00" W 118.46 feet to a point; Thence N 90.00'0" E 42.50 feet to a point; Thence S 00.00'00" E 35.61 feet to a point; Thence S 45.00'00" E 70.45 feet to a point; Thence S 00.00'00" E 33.04 feet to a point; Thence S 90.00'00" W 92.31 feet to the REAL POINT OF BEGINNING of this easement description. Michael E. Marks, PLS 4998 20201sswatease.des .. EXHIBIT "B" SECTION CORNER ~ ~'28' 47" E 2706.25' T~ I N 1/4 CORNER ~ S 8S'2S"S"E 2702.58' 16 I E. FRANKUN RlJAD' - . - SECTION CORNER ---4~O - T16F LOT 1 /'~--~ ./ / /,~------. II // ¡-- / / / ( ( I { ( <'4 I I \-2 \ \ % ~ SANITARY SEWER AND N 90'OO'OO"E \ \ ~ 0 WATER EASEMENT.......... 42.50 \ \ <1b % '" r.~ ocrOO'OO"E 356" \ ~ V N ~O;~~¡~P"W S 45'OO'OO"E 70.45' \ S oO'OO'OO"E 33.D4' \ N 90'OO~"[ 426.32' S 90'00'00"W - - \ \ ~.--/ 92.31""" \ % \ ~ +Sl- ---~ /'~- ---"'" \~ \ ~ /' ./....." \~~ \ ~ ..... /./. ,/./ ""'\ \ \~ \ ~ ""'..... I 1--_--~/' \ \ \~.;;,\ \ '-J '/~I \ \ "à / LOT 2 \ \ \ ~ \ 1/ / - I PROPOSED TOUCHMARK LIVING \_..} \ l' CENTER SUBDIVISION 0 LLJ § Q. Z ~ I I I~ .:! I~ . <0 I~ UNPLATTED R.O.S. NO. 5306 LOT 3 ~ CENTER 1/4 CORNER BRIGGS ENGINEERING, INC. ~) (20B)3«-9700 IBOO W. OVERLANO ROAD BOISE, IDAHO B3705 REVISION SHEET 1 OF 1 DESIGN DWG.NO. 20201 20201ssecse.dw