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Z - Sanitary sewer and water main easementADA COUNTY RECORDER Christopher D. Rich 2017-121192 BOISE IDAHO Pgs=10 BONNIE OBERBILLIG 12/20/2017 08:21 AM CITY OF MERIDIAN, IDAHO NO FEE SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this 13th day of December, 2017, between Brighton Development Inc., an Idaho corporation, 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. 'j p,ram(D Lin --'\retro✓ Sanitary Sewer and Water Main Easement REV. 08/15/16 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. 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. GRANTOR: 1 Presid 'nt l2 o` oy-o~ ty. f2W 00134 Address STATE OF IDAHO ) ) ss County of Ada ) On this day of PX400 b( ) 20 11 before me, theundersigned, a Notaiy and - Public in and for said State, personally appcarcd t�vtl D. Weil , known or identified to me to be the President and, Secy,w:y, re=spect -wl-y, 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 h Ud and �fi d my official seal the day and year fist above written. _ E � ���� � fUi t) 11� U ARY PUBLI FOR IDAHO 9` l al°` 1.1h4lt Residing at: v G� *3)TAiT, OF IDAI.10 Commission Expires: V11512PZ.2 Sanitary Sewer and Water Main Easement REV. 08/15/16 GRANTEE: CITY OF MERIDIAN Tammy de WKl, Mayor Att6st by CYay Coles, City Clerk 1L}( W 4 ANS- SLAL Approved By City Council On: IV 11q z Do/:z STATE OF IDAHO, ) . ss. County of Ada ) On thisgq day of geeernbw , 20Q 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. '•••••r••••�••.. (SEAAX O� PLO, •�'. `FATE u� ••� 0j-qAkq NOTARY PUBLIC FOR I AHO Residing at: —M' tl — Commission Expires: 3a— Pnc-ameurrI E�ireC!A-c►- Sanitary Sewer and Water Main Easement REV. 08/15/16 I= 9233 WEST STATE STREET I BOISE, ID 83714 1 208.639.6939 ( FAX 208.639.6930 December 14, 2017 Paramount Director Subdivision No.1 Project No. 17-075 Legal Description City of Meridian Sewer and Water Easement EXHIBITA A parcel of land fora City of Meridian Sewer and Water Easement, situated in a portion of the Northeast 1/4 of Section 25, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada county, Idaho, and being more particularly described as follows: Commencing at a found brass cap marking the Northeast corner of said Section 25, which bears S89°37101"E a distance of 2,669.36 feet from a found aluminum cap marking the North 1/4 corner of said Section 25, thence following the northerly line of said Northeast 1/4, N89°37'01"W a distance of 1,833.33 feet; Thence leaving said northerly line, S00°00'00"E a distance of 155.06 feet to POINT OF BEGINNING 1. Thence N90°00'00"E a distance of 31.00 feet; Thence S00°00'00"E a distance of 85.00 feet, Thence 25.92 feet along the arc of a circular curve to the left, said curve having a radius of 16.50 feet, a delta angle of 90°00'00", a chord bearing of S45°00'00"E and a chord distance of 23.33 feet; Thence N90°00'00"E a distance of 158.00 feet to a point, hereinafter referred to as "POINT A"; Thence N00°00'00"E a distance of 101.50 feet, Thence N90°00'00"E a distance of 20.00 feet; Thence S00°00'00"E a distance of 101.50 feet to a point, hereinafter referred to as "POINT B"; Thence N90°00'00"E a distance of 168.00 feet; Thence N00°00'00"E a distance of 101.50 feet; Thence N90°00'00"E a distance of 20.00 feet; Thence S00°00'00"E a distance of 101.50 feet; Thence N90°00'00"E a distance of 168.00 feet; Thence N00°00'00"E a distance of 101.50 feet; Thence N90°00'00"E a distance of 20.00 feet; Thence S00°00'00"E a distance of 101.50 feet, Thence N90°00'00"E a distance of 180.30 feet, Thence 43.07 feet along the arc of a circular curve to the right, said curve having a radius of 116.50 feet, a delta angle of 21°10'58", a chord bearing ofS79°24'31"E and a chord distance of 42.83 feet; Thence 187.83 feet along the arc of a circular curve to the left, said curve having a radius of 253.50 feet, a delta angle of 42°27'11", a chord bearing of N89°57'23"E and a chord distance of 183.56 feet; Thence 42.14 feet along the arc of a circular curve to the right, said curve having a radius of 113.50 feet, a delta angle of 21°16'13", a chord bearing of N79°21'54"E and a chord distance of 41.89 feet; Thence N90°00'00"E a distance of 34.40 feet; Thence S00°00'00"E a distance of 56.00 feet; Thence N90°00'00"W a distance of 28.54 feet, Thence 25.92 feet along the arc of a circular curve to the left, said curve having a radius of 16.50 feet, a delta angle of 90°00'00", a chord bearing ofS45°00'00"W and a chord distance of 23.33 feet; Thence S00°00'00"E a distance of 284.45 feet; ENGINEERS I SURVEYORS I PLANNERS Thence 25.92 feet along the arc of a circular curve to the left, said curve having a radius of 16.50 feet, a delta angle of 90°00'00", a chord bearing of 545'00'00"E and a chord distance of 23.33 feet, Thence N90°00'00"E a distance of 112.00 feet; Thence S00°00'00"E a distance of 56.00 feet; Thence N90°00'00"W a distance of 192.75 feet; Thence 25.92 feet along the arc of a circular curve to the left, said curve having a radius of 16.50 feet, a delta angle of 90°00'00", a chord bearing ofS45°00'00"W and a chord distance of 23.33 feet, Thence 500'00'00"E a distance of 95.57 feet; Thence 81.06 feet along the arc of a circular curve to the left, said curve having a radius of 1,538.50 feet, a delta angle of 3°01'07", a chord bearing of S88°00'58"W and a chord distance of 81.05 feet, Thence N00°00'00"E a distance of 94.65 feet; Thence 27.03 feet along the arc of a circular curve to the left, said curve having a radius of 16.50 feet, a delta angle of 93"52'07", a chord bearing of N46°56'03"W and a chord distance of 24.11 feet; Thence 599.03 feet along the arc of a circular curve to the left, said curve having a radius of 1,650.52 feet, a delta angle of 20°47'41", a chord bearing of S75°44'03"W and a chord distance of 595.75 feet; Thence 128.91 feet along the arc of a circular curve to the right, said curve having a radius of 299.48 feet, a delta angle of 24°39'47", a chord bearing of S77°40'06"W and a chord distance of 127.92 feet; Thence N90°00'00"W a distance of 37.13 feet; Thence 142.92 feet along the arc of a circular curve to the right, said curve having a radius of 203.48 feet, a delta angle of 40°14'37", a chord bearing of N69°52'41"W and a chord distance of 140.00 feet; Thence 85.97 feet along the arc of a circular curve to the right, said curve having a radius of 99.00 feet, a delta angle of 49°4523", a chord bearing of N24°52'41"W and a chord distance of 83.30 feet; Thence N00°00'00"E a distance of 101.08 feet; Thence 29.73 feet along the arc of a circular curve to the left, said curve having a radius of 43.00 feet, a delta angle of 39°37'02", a chord bearing of N19°48'31"W and a chord distance of 29.14 feet; Thence N90°00'00"W a distance of 128.75 feet, Thence 28.12 feet along the arc of a circular curve to the left, said curve having a radius of 36.50 feet, a delta angle of 44°08'29", a chord bearing of S67°55'46"W and a chord distance of 27.43 feet; Thence S45"51'31"W a distance of 43.82 feet; Thence N44°07'45"W a distance of 39.50 feet to a found 5/8 -inch rebar; Thence N45°51'31"E a distance of 65.70 feet to a found 5/8 -inch rebar; Thence 34.67 feet along the arc of a circular curve to the right, said curve having a radius of 45.00 feet, a delta angle of 44°08'41", a chord bearing of N67°55'46"E and a chord distance of 33.82 feet to a found 5/8 -inch rebar; Thence N90°00'00"E a distance of 93.50 feet to a found 5/8 -inch rebar; Thence 54.98 feet along the arc of a circular curve to the left, said curve having a radius of 35.00 feet, a delta angle of 90°00'21", a chord bearing of N45°00'00"E and a chord distance of 49.50 feet to a found 5/8 -inch rebar; Thence N00°00'00"E a distance of 111.67 feet to a found 5/8 -inch rebar; Thence 35.02 feet along the arc of a circular curve to the right, said curve having a radius of 43.00 feet, a delta angle of 46°39'45", a chord bearing of N23°19'51"E and a chord distance of 34.06 feet to a found 5/8 -inch rebar; Thence N46°39'41"E a distance of 43.95 feet to a found 5/8 -inch rebar; Thence 46.42 feet along the arc of a circular curve to the left, said curve having a radius of 57.00 feet, a delta angle of 46°3948", a chord bearing of N23°19'51"E and a chord distance of 45.15 feet to a found 5/8 -inch rebar; Thence N00°00'00"E a distance of 161.04 feet to POINT OF BEGINNING 1. PAGE 12 EXCEPTING THEREFROM: Commencing at a point previously referred to as "POINT A", thence S18°07'46"W a distance of 58.93 feet to POINT OF BEGINNING 2. Thence 25.92 feet along the arc of a circular curve to the right, said curve having a radius of 16.50 feet, a delta angle of 90°00'00", a chord bearing of S45°00'00"E and a chord distance of 23.33 feet; Thence S00°00'00"E a distance of 463.25 feet; Thence 18.47 feet along the arc of a circular curve to the right, said curve having a radius of 13.00 feet, a delta angle of 81'25'24", a chord bearing of S40°42'42"W and a chord distance of 16.96 feet; Thence 36.45 feet along the arc of a circular curve to the right, said curve having a radius of 243.48 feet, a delta angle of 08°3436", a chord bearing of S85°42'42"W and a chord distance of 36.41 feet; Thence N90°00'00"W a distance of 37.13 feet, Thence 103.59 feet along the arc of a circular curve to the right, said curve having a radius of 147.48 feet, a delta angle of 40°14'37", a chord bearing of N69°52'41"W and a chord distance of 101.47 feet; Thence 37.34 feet along the arc of a circular curve to the right, said curve having a radius of 43.00 feet, a delta angle of 49°45'23", a chord bearing of N24°52'41"W and a chord distance of 36.18 feet; Thence N00°00'00"E a distance of 101.08 feet, Thence 50.13 feet along the arc of a circular curve to the left, said curve having a radius of 99.00 feet, a delta angle of 29°00'55", a chord bearing of N14°30'28"W and a chord distance of 49.60 feet; Thence N00°00'00"E a distance of 34.30 feet; Thence N90°00'00"W a distance of 20.29 feet; Thence NO3°11'36"E a distance of 159.38 feet; Thence N46°39'41"E a distance of 25.53 feet; Thence 60.73 feet along the arc of a circular curve to the left, said curve having a radius of 88.00 feet, a delta angle of 39°32'18", a chord bearing of N26°5332"E and a chord distance of 59.53 feet, Thence 23.87 feet along the arc of a circular curve to the right, said curve having a radius of 16.50 feet, a delta angle of 82'52'37", a chord bearing of N48°33'42"E and a chord distance of 21.84 feet; Thence N90°00'00"E a distance of 140.47 feet to POINT OF BEGINNING 2. EXCEPTING THEREFROM: Commencing at a point previously referred to as "POINT B", thence S42°08'11"E a distance of 75.52 feet to POINT OF BEGINNING 3. Thence N90°00'00"E a distance of 500.34 feet, Thence 25.92 feet along the arc of a circular curve to the right, said curve having a radius of 16.50 feet, a delta angle of 90"00'00", a chord bearing of S45°00'00"E and a chord distance of 23.33 feet to a point, hereinafter referred to as "POINT D"; Thence S00°00'00"E a distance of 295.35 feet, Thence 24.06 feet along the arc of a circular curve to the right, said curve having a radius of 16.50 feet, a delta angle of 83'33'08", a chord bearing ofS41°46'34"W and a chord distance of 21.99 feet; Thence 183.47 feet along the arc of a circular curve to the left, said curve having a radius of 1,706.52 feet, a delta angle of 6°09'36", a chord bearing of S80°28'20"W and a chord distance of 183.38 feet; Thence N00°00'00"E a distance of 166.10 feet; Thence N90°00'00"W a distance of 11.17 feet; Thence N00°00'00"E a distance of 102.00 feet; Thence N90°00'00"W a distance of 20.00 feet; PAGE 13 Thence S00°00'00"E a distance of 102.00 feet; Thence N90°00'00"W a distance of 80.00 feet; Thence N00°00'00"E a distance of 102.00 feet; Thence N90°00'00"W a distance of 31.17 feet; Thence S00°00'00"E a distance of 306.46 feet a point, hereinafter referred to as "POINT C"; Thence 189.61 feet along the arc of a circular curve to the left, said curve having a radius of 1,706.52 feet, a delta angle of 6°21'58", a chord bearing of S69°15'29"W and a chord distance of 189.51 feet, Thence 25.85 feet along the arc of a circular curve to the right, said curve having a radius of 13.00 feet, a delta angle of 113°55'30", a chord bearing of N56`57'45"W and a chord distance of 21.80 feet, Thence N00°00'00"E a distance of 435.69 feet; Thence 25.92 feet along the arc of a circular curve to the right, said curve having a radius of 16.50 feet, a delta angle of 90°00'00", a chord bearing of N45°00'00"E and a chord distance of 23.33 feet to POINT OF BEGINNING 3. EXCEPTING THEREFROM: Commencing at a point previously referred to as "POINT C", thence 32.42 feet along the arc of a circular curve to the right, said curve having a radius of 1,706.52 feet, a delta angle of 1°05'19", a chord bearing of N72°59'08"E and a chord distance of 32.42 feet to POINT OF BEGINNING 4. Thence N00°00'00"E a distance of 174.97 feet; Thence N90°00'00"E a distance of 80.34 feet; Thence S00°00'00"E a distance of 153.33 feet; Thence 83.21 feet along the arc of a circular curve to the left, said curve having a radius of 1,706.52 feet, a delta angle of 2°47'37", a chord bearing of S74°5535"W and a chord distance of 83.20 feet to POINT OF BEGINNING 4. EXCEPTING THEREFROM: Commencing at a point previously referred to as "POINT D", thence S69°18'57"E a distance of 59.86 feet to POINT OF BEGINNING S. Thence 28.46 feet along the arc of a circular curve to the right, said curve having a radius of 16.50 feet, a delta angle of 98°4921", a chord bearing of N49°2441"E and a chord distance of 25.06 feet; Thence 95.31 feet along the arc of a circular curve to the left, said curve having a radius of 309.50 feet, a delta angle of 17°3842", a chord bearing of N90°00'00"E and a chord distance of 94.94 feet, Thence 28.46 feet along the arc of a circular curve to the right, said curve having a radius of 16.50 feet, a delta angle of 98°4921", a chord bearing of S49°24'41"E and a chord distance of 25.06 feet; Thence S00°00'00"E a distance of 263.31 feet; Thence 25.88 feet along the arc of a circular curve to the right, said curve having a radius of 16.50 feet, a delta angle of 89°51'02", a chord bearing of S44°55'31"W and a chord distance of 23.30 feet, Thence 99.11 feet along the arc of a circular curve to the left, said curve having a radius of 1,706.52 feet, a delta angle of 3°19'39", a chord bearing of S88°11'13"W and a chord distance of 99.09 feet; Thence 26.92 feet along the arc of a circular curve to the right, said curve having a radius of 16.50 feet, a delta angle of 93°28'37", a chord bearing of N46°44'18"W and a chord distance of 24.03 feet, Thence N00°00'00"W a distance of 266.47 feet to POINT OF BEGINNING S. PAGE 14 Said parcel contains 5.997 acres, more or less, and is subject to all existing easements and/or rights-of-way of record. Attached hereto is Exhibit B and by this reference is made a part hereof. 1l ,12459 a �N L BAtiy4� 17-.14•ZOI-4- PAGE 15 P:\17.075\CAD\SURVEY\EXHIBITS\17-075 SEWER AND WATER EASEMENT.DWG, AARON BALLARD,12/14/2017, KYOCERA TASKALFA 45SOCI KX.PC3, --- N. FOX RUN WAY 4,\ \ m SEE SHEET 2 m 6zl 1p m �nxW foo N ^mA in c �Im n O a tg s z r-wo J CJ7 IIVc Z Ut O O D c0 O ! C z O 0 S� L25 cs 0 z Ito -� C I �o OPT Ac �I z PC ND �I-u I ( b I l w z o 0) IRE iv I I if —Lu) 0 �500'0� O'00"E� 155.06' (TIE) I N 0o ccr'a ro w w I I trn I I x of ml z 1" c dl N � 1 mo cg ca _ vo... NIR �I M0 Cn � D m EXHIBIT B - MERIDIAN SEWER AND WATER ESMT N PARAMOUNT DIRECTOR SUBDIVISION No. 1 O 4�"A PORTION OF THE NE 1/4 OF SECTION 25, C V T.4N., R.1W., B.M., MERIDIAN, ADA COUNTY, ID P:\17075\CAD\SURVEY\EXHIBITS\17.075 SEWER AND WATER EASEMENT.DWG, AARON BALLARD,12/14/2017, KYOCERA TASKALFA 4550CI KX.PC3, -- L18 —C" L17_ uo �: L11 L13 o, 0 0 to m co 0 Gi 0 suu-uu uu t zao.13u _ %c N00'00'00"W 266.47' d' v � M O v O W J C7 to w S00'00'00'E 263.31' z v 0 0 0 0 J r J N � n ALI S00100'00"E 2$4.45' PS �co w J I� rn o 0 o UNpLATTED I SEE SHEET 1 i I I I z z v, m Z N pv rn rn <IW o�Ci 0 0 zc�o`'� mcg v� tn 0BB� rn o Ln � o z � m m EXHIBIT B -MERIDIAN SEWER AND WATER ESMT m .. N� a PARAMOUNT DIRECTOR SUBDIVISION No. 1 TI A PORTION OF THE NE 1/4 OF SECTION 25, V T.4N., R.1W., B,M., MERIDIAN, ADA COUNTY, ID