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Whiteacre Sub No. 3 Sewer Easementt� , - (pec® �Avt -to co rr e,�}+ Ler 4c o ac,; pfio� ADA COUNTY RECORDER Christopher D. Rich 2017-079067 BOISE IDAHO Pgs=5 LISA BATT 08/23/2017 02:23 PM CITY OF MERIDIAN, IDAHO NO FEE ADA COUNTY RECORDER Christopher D. Rich 2017-119085 BOISE IDAHO Pgs=7 LISA BATT 12/13/2017 01:24 PM CITY OF MERIDIAN, IDAHO NO FEE SANITARY SE, WE, R EAMME, VT THIS INDENTURE, made this 441ay of 20�between Whiteacre bevelopmept Corporatiorthe parties of the first part, and hereinafter called t I Grantors, and the diofMorldlan, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHERE -AS, the Grantors desire to provide a sanitary sewer right -of way across the premises and property hereinafter patticularly bounded and described; and WHEREAS, the sanitary sewer is to be provided forthrough an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline flom 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 casement for the operation and maintenance of a sewer lune 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 sanitary sewer line and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the flee right of access to such facilities at any and all times. TO HAVE AND TO HOLD, tlje 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 malting repairs or performing other maintenance, Grantee shall restore the area of the caseinent 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 easementthat 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 peronnial shrubs or lowers within the area sower Mail) Basement RBV, 08/15/15 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 pact of the right-of-way and easementhereby granted shall becomepart 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 thatthey 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 pact have hereunto subscribed their signatures the day and year first herein above written, GRANTOR; President Address /�/'i r'� �y`^' XV STATE OF IDAHO ) ) ss County of Ada ) On this rzb day of,JM --~, 20 /2, before me, the undersigned, a Notary Public in and for said State, personally appeared � SODA' ,4 c ,bh/ and , Known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and aelmowledged 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. 1►�►►uur�,, �.�`'�{, SMI.''•.•, (SEAL) NRY 0%10.4 66 Sower Main Ease= rit�, 4, PubiN o,•��°�yy� 4,; &1°00°°°°°°°°two ell I NOTARY P IC FOR IDAHO Residing at; 0) r ti Commission Exp'res; d//i -60 REV. 08/15/16 C3x2,AM, CITY OF MERIDIAN Tammy do Werd, Mayor Coles, City Clerk 3 CRY of � C✓Yt IDXAN IpANq SEAG . Approved By City Council On; V /E1 22j1 STATF, OF IDAHO ss County of Ada On this 15 day of, 20, before me, the undersigned, a Notary Public in and for said State, p'ers' "y appeared TAMMY DE WEE" and C,JAY COLES known to me to be the Mayor and City Cleric, 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 WIIEREOP, I have hereunto set my band and affixed my official seal the. day and year first above written, ad& di(l Llm=' NOTARY PUBLIC FOR IDAHO Residing rb Commission Expires; a (O 2 a sewer Main PH801nent IWV, 08/15/16 EXHIBIT ;6 LEGAL DESCRIPTION FOR CITY OF MERIDIAN SEWER EASEMENT WHITEACRE SUBDIVISION NO.3 \(easemocated In the SEE 1/4 of the NE 114 of Seo n 36, TAN., R.•1W,, B.M., Meridia, Idaho more particularly described as f owe: Commencing at a N1/16 corner of said Seotion 6, said paint also being the SE corner of Ambercreek Subdivisio No.1 as filed in Book 97 o tats at Pages 12,146 through 12,149, records of Ada County, Idah from which the E1/4 rnor of said Section 36 boars South 00°29134" West, 1,330.18 feet, thence South 42°59'58" V&st, 808,08.%et to the REAL POINT OF BEGINNING; thence South 00141124" thence North 89018136" Wast, thence 51.84 feet along the ro of a radius of 72.00 feet, a central ang of 41 01 North 42°47'46" East to the to t46 REAL PI feet; feet; angent curve to the left, said curve having a and a long chord of 50.73 feet which bears OF BEGINNING. Page 1 of I EXHIBIT A LEGAL DESCRIPTION FOR CITY OF MERIDIAN SEWER EASEMENT WHITEACRE SUBDIVISION NO, 3 An easement located in the SE 1/4 of the NE 1/4 of Section 36, TAN., R.1W., B.M., Meridian, Ada County, Idaho more particularly described as follows: Commencing at the N1/16 corner of said Section 36, said point also being the SE corner of Ambercreek Subdivision No. 1 as filed in Book 97 of Plats at Pages 12,145 through 12,149, records of Ada County, Idaho, from which the E1/4 corner of said Section 36 bears South 00°29'34" West, 1,330.19 feet; thence South 32°24'48" West, 1032.64 feet to the REAL POINT OF BEGINNING; thence South 00°41'24" West, 37.64 feet; thence North 89"18'36" West, 34.02 feet; thence 51.84 feet along the arc of a non -tangent curve to the left, said curve having a radius of 72.00 feet, a central angle of 41°15'20" and a long chord of 50.73 feet which bears North 42047'46" East to the to the REAL POINT OF BEGINNING. 7729 ;u S. C Page 1 of 1 CURVE TABLE CURVE RADIUS LENGTH CHORD DIST, CHORD BRG. DELTA C5 72.00 51.84 50.73 N42'47'46"E 41'15'20" W HALPIN ST dv JL I � I� w I w Lu I m I Q z I I r RPOB: OF MERIDIAN R EASEMENT I I N89'1 8'36"W 34.02' 23 I v SO'41'24"W 37.64' 5 30 90 0 15 60 SCALE: 1 " = 30' w V( Z CD O M CE (10 a of M z I 1/4 S. 36T S. 31 1 IDAHO EXHIBIT .B_. DRAWING FOR JOB "^147 NO. 1450 G.WATERTOWERST. MERIDIAN SEWER LINE EASEMENT 1— t a Com) U V 1 I �l I�\/ SUITE 130 SMERIDIAN, IDAHO 03042 WHITEACRE SUBDIVISION N0, 3 SHEET NO. 1 �? GROUP, P.C. GROUP, A PORTION OF THE SE 1/4 OF THE NE 1/4 OF SECTION 36, I2/472017 TAN., RAW., B.M., MERIDIAN, ADA COUNTY, IDAHO