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Swindell Sub Sewer and Water Main no 4ADA COUNTY RECORDER Christopher D. Rich 2017-119328 BOISE IDAHO Pgs=5 VICTORIA BAILEY 12/14/2017 10:18 AM CITY OF MERIDIAN, IDAHO NO FEE gn 0 offi. wwwwww"mN I - V 11 W-TE111 THIS INDENTURE, made this_L2- day of E)e_e_e_rnb&— . 20L r:� ,between etween Volante _ Investments, LLLP, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian-, Ada County, Idaho, the patty 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 constiveted 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: I "D 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 theGratitee, 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 (wVn6e 11 No L1 11 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. EMA 'Ogg ark St. Meridian, ID 83642 STATE OF IDAHO ) ) ss County of Ada Nff&1 On the day of W , 20 before me, the undersigned, a notary public in and for said state personally appeared &1AU ws" Jr. known or identified to me to be the GENERAL PARTNEP, of the Limited Liability Limited Partnership that executed the instrument on behalf of said Limited Liability Limited Partnership and acknowledged to me that such Limited Liability Limited Partnership executed the same. In witness whereof, I above written. _.po set my hand and seal the day and year in this certificate first Sanitary Sewer and Water Main Easement REV. 08/15/16 GRANTEE: CITY OF MERIDIAN Tammy Atte—ft by C.WColes, City Clerk Approved By City Council On: , City of — I ER11DFIAfNA-s- '.�vIDAHO SEAL OF IDAHO, I . ss. County of Ada On this k 2� day of V—') eCP-Mb9t—'2011, 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. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) Sanitary Sewer and Water Main Easement su)inje-h Q) q � k -A Nuo-UL"If�p NOTARY PUBLIC FOR MAHO Residing at: -fy� Uu-&-L� J-duix-C) Commission Expires: 3 - d-� - oM 'A '.I REV. 08/15/16 EXHIBIT CITY OF MERIDIAN WATER AND SEWER P-ASEMENTS SWINDELL SU13DIV15101-1 SITUATED IN THE SE "14- OF SECTION 19, T. 3 N, R. I E,B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO eel oflan' 1 0 situated in the southeast 1/4 of Section IS. Township 3 North; Range I East Boise Meridian, City Of Meridian, Idaho, and more particularly described as follows: Commencing at the southeast 6orner of said section 18, from which the northeast corner of said southeast 1/4 of SectiOU 19 bears North 0030'35," tast-289-'-34 feet, Thence along the, easterly boundary of said southeast 1/4 Of Section IS North 003013511 East 470.79 fdot, thence leaving said easterly boundary North ,89°292511 West 61.87 feet to the westerly right= of -way of South-Looust Grove Road and the POINT OF BEGINNING; thence 0011thluingNorth SV2-19'25" West 9 37 feet, thence South -0630'35" West 6.14,fbet; thence,"North, 89029'25" West 20.00 feet, thence North 0630135" East 6.14 feet; thence North 89°29`25" -1West 44.78 feet; thence South 0*130'35" West 6.14 feet;, theoceWorth 890291,2511 West 20,00 feet; thence North V3035PEast 6. 14 feet; thence North 99`2925" W6st 132:49. feet; thence North 0630`35'° East 2916 feet, thence South 69020'53" East 18.94 feet, thence along the, are ora circular curve to the left 79,80 feet, said curve having a radius of 227.00 feet, a delta angle of2066912P, and it chord bearing South 79°251'10" East 79.39 feet, thence South $9`27925" East 175.422 feet;;. thence South 85014!03" East 38.07 feet to said westerly right of4ay of South Locust Grove Road; thence along said westerly rightof-way South 2027,30" East 6.04 feet to the POINT OF BEGINNING , Comprising 3594 square feet more or less. 358, EASF,03.dOc, Page I of I I EXHIBIT PLAT" TO ACCOMPANYLEGAL, bESCRIPTION FOR SANITARY SEWER AND WATER EASEMENTS SITUATED IN THE SE1 %4 OF SECTION 18 T3N R1 E B'M MERIDIAN CITY, ADA COUNTY, IDAHO NOT To scALE _ E. BIR© DOG DRIVE LINE LENGTH BEARING L1 6.14' !,3 00}('29'26" 0y 3t` W L2 20.Qd' N 89W L3 6,14' N 00 30'35" E L4 44,78' N 89'29'25" W L5 6.14' S 00 3g33 w L6 2p0 -CP' NSR29`25" W .: L7 6.14' N 00 30'35° E L$ 29,2W N dw'30".�564 L9 18.94' CE S 69'2C'S3" E L10 38.07 S 85"1 4'43" E L11 6.04' S 02'27'30" E CURVE TABLE CURVE LENGTH RADIUSDELTA CHORD BEARIND C1 79.80> ' 227.00" 20 }5 2" 79, 9' Si 79 2609* E