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Sanitary Sewer and Water Main Easement with Leavell, William and Lucile for Creekside Arbour 2 '~ "1 ~ Ii I ~..r 'rhA- RECORDED-REQUEST OF AOACÙlJNT~R\V~ ~ ¡ L£\~ 1_'1'\. .J, DAVID N.AVARRO . '(\rfA~EE EP~'tJI1 ~ fOIS£.IOAHO \~\ ~ 2116110CI2 PM 1:32 100081728 CREEKSIDE ARBOUR - PHASE II SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this 3rd day of October, 2000 between William and Lucile Leavell, 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 the Grantee, in making future repairs, will expediently replace and restore the premises 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 Sanitary Sewer and Water Main Easement EASMT.S&W,doc Page 1 ~ " 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, 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, ~11~ Manager c2Ê;/~~ anager . STATE OF IDAHO) ) ss County of Ada) On this 3rd day of October, 2000, before me, the undersigned, a Notary Public in and for said State, personally appeared William Leavell and Lucile Leavell, known or identified to me to be the Managers, 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 fist above written, "~"""""" ,...' ~, WaR,/, -""'" i' .... ~."""" €.... '... ~ :'I;-".~ ..<,<¡ ~ ! (}j l ~OT Ai? ....;,L. '\ -c:¡: r .'to. ::: . -.- ~ tT1 ::: \.*\J>UBL\G i*§ \<p.>."" ....0 ¡ ~~ "'°.".... ~~ .~ 'JJ OF \"0 ...., iNO""'" ~~Ctt4 (1)~ TARY PUBLIC FOR IDAHO Residing at ~ ~3 ~ J Commission Expires: ,- Q Sanitary Sewer and Water Main Easement EASMT.S&W,doc Page 2 ExmBIT "A" SEWER MAIN EASEMENT A 20 foot wide sewer line easement situated in a portion of the W1I2 of the NW1I4 of Section 7, T.3N" RlE" Boise Meridian, Ada County, Idaho and described as follows: Commencing at a 5/8" rebar marking the SE comer of the NE1I4 of the NE1I4 of the NW1I4 of said Section 7, from which bears SOoo34'39"W a distance of 673.74 feet from a brass cap marking the N1I4 comer of said Section 7, thence perpendicular to the East line of the said NW1I4 N89°25'21"W a distance of 372.44 feet to the POINT OF BEGINNING; Thence SOooOO'OO'W a distance of 124.33 feet to a point; Thence S21°41'40'W a distance of 142,46 feet to a point; Thence S90o00'00"E a distance of 223.33 feet to a point; Thence SOooOO'OO'W a distance of 20,00 feet to a point; Thence S90o00'00'W a distance of 252,81 feet to a point; Thence N21 °41'40"Ea distance of 155,28 feet to a point; Thence S90o00'00'W a distance of 150.39 feet to a point; Thence NOOoOO'OO'W a distance of 20.00 feet to a point; Thence N90o00'00"E a distance of 155.13 feet to a point; Thence NOOoOO'OO"W a distance of 381.30 feet to a point; Thence N65°15'09"E a distance of 39,62 feet to a point; Thence S24°44'51"E a distance of 20.00 feet to a point; Thence S65°15'09'W a distance of 26,82 feet to a point; Thence SOooOO'OO'W a distance of 256.09 feet to the POINT OF BEGINNING, Said easement contains 19304 square feet or 0,44 acres more or less and is subject to all existing easements and rights-of.way of record or implied, 98925198925 Sewer line Esmntlkns 8117100 a1J~NNld " 3SV'Hd o,¡nO8o,¡V' 30IS>i33o,¡::> , . 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All Rlgh" R".~,d , ' ExnŒIT "A" Water Main Easement An easement for the purpose of constructing and maintaining a water main located in a portion of the E1/2 of the NW1/4 of Section 7, T,3N" R,!E" B,M., Ada County, Idaho being contained in that parcel of land as shown in Record of Survey No, 4571 as recorded at Ada County Idaho and described as follows: Said easement consists of four separate but adjoining lines described as follows: LINE 1 Commencing at a 5/8 inch rebar marking the SE comer of the NE1/4 of the NE1I4 of said NW1/4 from which a brass cap monument marking the North 1/4 comer of said Section 7 bears NOo034'39"E a distance of 673,74 feet, thence along the East line of said East 1/2 SOO"34'39"W a distance of 218.76 feetto~a 5/8 inch rebar; thence leaving said East line S38°43'20"W a distance of 157.96 feet to the POINT OF BEGINNING; Thence 10 (Ten) feet on each side of the following described line: N85°49' 18"W a distance of 7 ,21 feet to a point; N40o49' 18"W a distance of 110,15 feet to a point; Thence NOOOOO'OO"E a distance of 15.50 feet to the terminus of said line, the side lines of which to be shortened or lengthened to terminate at the boundary line of the land as shown in said Record of Survey, LINE 2 Commencing at a 5/8 inch rebar marking the SE comer of the NE1/4 of the NE1/4 of said NW1/4 from which a brass cap monument marking the North 1/4 comer of said Section 7 bears NOo034'39"E a distance of 673,74 feet, thence along the East line of said East 1/2 SOo034'39"W a distance of 218.76 feet to a 5/8 inch rebar; thence leaving said East line S38°43 '20'W a distance of 192,36 feet to a 5/8 inch rebar; thence N89°29' lO"W a distance of 298.04 feet to a point; thence NOo030'50"E a distance of 67,01 feet to the POINT OF BEGINNING; Thence 10 (Ten) feet on each side of the following described line: NOl°4T34"E a distance of 61.23 feet to a point; Thence N22°1O'37"E a distance of 126,17 feet to a point; Thence N 00°00' 12"E a distance of 449,62 feet to a point; Thence N45°06'34"W a distance of 35.19 feet to the terminus of said line, LINE 3 Commencing at a 5/8 inch rebar marking the SE comer of the NE1/4 of the NE1/4 of said NW1/4 from which a brass cap monument marking the North 1/4 comer of said Section 7 . ' "', bears NOo034'39"E a distance of 673,74 feet, thence along the East line of said East 1/2 SOo034'39"W a distance of 218.76 feet to a 5/8 inch rebar; thence leaving said East line S38°43'20"W a distance of 192.36 feet to a 5/8 inch rebar; thence N89°29' 1O"W a distance of 298,04 feet to a point; thence NOo030' 50"E a distance of 67,01 feet to the beginning of afore mentioned Line 2; thence along said Line 2 N01 °4T34"E a distance of 56.56 feet to the POINT OF BEGINNING; Thence leaving said Line 2 and 10 (Ten) feet on each side of the following described line: N90000'00"E a distance of 250.27 feet to a point from which the terminus of afore mentioned Line 1 bears S90000'00"W a distance of 12,29 Feet; Thence N45°00'00"E a distance of 57,83 feet to a point; Thence N 22°30'00"E a distance of 66,67 feet to a point; Thence NOooOO'OO"E a distance of 167.33 feet to a point; Thence N46°38'22"W a distance of 88,09 feet to a point; Thence N67°0T l1"W a distance of 91.30 feet to a point; Thence S89°38' 56"W a distance of 120,73 feet to a point on the intersection of afore mentioned Line 2 and the terminus of said Line 3. Line 4 Commencing at a 5/8 inch rebar marking the SE corner of the NE.1I4 of the NE1/4 of said NW1/4 from which a brass cap monument marking the North 1/4 comer of said Section 7 bears NOo034'39"E a distance of 673.74 feet, thence along the East line of said East 1/2 SO0"34'39"W a distance of 218.76 feet to a point; thence leaving said East line S38°43'20"Wa distance of 192,36 feet to a point; thence N89°29' 1O"W a distance of 298.84 feet to a point; thence NOo030'50"E a distance of 67,01 feet to the beginning of afore mentioned Line 2; thence along said Line 2 NOI °4T34"E a distance of 61.23 feet to a point; thence N22°1O'37"E a distance of 126,17 to a point; thence NOooOO'12"E a distance of 20,79 feet the POINT OF BEGINNING; Thence leaving said Line 2 and 10 (Ten) feet on each side of the following described line: N90000'00"W a distance of 240,79 feet to the terminus of said line, Said described easement contains 2.71 acres more or less, and is subject to all existing easements and rights-of-ways on record or implied 9892SH203smntdocl8-23-00/srt " .- ~ " î f ~ ~ ~ . ~ EXHIBIT "B" DRAWING FOR MERIDIAN WATER DEPARTMENT A PORTION OF THE NE 1/4 OF THE NW 1/4 OF SECTION? NOO"34'39"E 673,74' onn',,',,"., 00 0 70' TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN - - - - - - - - - - - T - - - - -,....0-- -""~-"-~-"'~ ADA COUNTY, IDAHO ~ "~.te" 2000 I ~~O. ... '" "'" '" I '$.5" l,- i...-- 1.....-"--" , / -0"';,, '.9 SCJ\L~,'=",' ~. " /0: - -NWOÒ'ÕÕ"Ei.7:33'- - -=-, '" 11 / /...{ß~r--------, .::-..~ ,<,~ ~ ¿,,),-' / ' " .;l" 4>' / T 0 ., 44'. / """"'" Ä~ // $' .. / N"'OO'OO"' 57,83' Ì/2"/ : v 10\' ",. ') / I f;,~- / -.. I ' 1;.,:: / I I Ij," / AREA ~ 2.71 ACRES I I ( ( I" I I]:: 1 UN' "." Ig I I~ I N"~:" ";';:" '~~~... I~ 1 '" I~ 1 ~ ;;:~ N~~O':34 I~ I \;! I~ 1 I~ I :J BARBARA LAN:- - ~}=t _L~ ~-- I~ 1 --------- - - -, : : ,-=-..:--=--::.-=--=,:~a~'~~------ì "", :-...~, 1 1 '¡I ~ 1 I ','1'.-..1 0 GENERAL LEGEND I I I ' , '- ...!.,~ . WAT" UN' I I I - -W(.')- - - "'Sf'NO WATER UNE ("" SIZE);..' I~ I =-=- -= =- -=-- ::::: ~~~NDAAY ~I " 1;1 ~ BRASS CAP N \;! Fg I @ FOO<O 5/' 'NCH REBAR ~I ::¡ I~ I I I @ SET 5/. 'NCH REBAR ~' ~ 'yo> "'ST'" ARE ""'RANT ""I 1% I 'I ~ ..", '" Z ) ~ "'STING WAT" VAC'" f:¡ I 1 J. ~ I Z . < , @ EXISTING """CE WAT" METER 1 I ~<ú .. I - ~~ I 5 à , 1- - - - - - - - - - - - - - - - ~ - - ~ - - - - - - - - - - j ~ NOO"33'16"E 351.65' I w fii 0 ~ i 0 ... I I / N ¡; -~ I I / ;.' ;1 0' :-, ¡I ) ) NO,..7'34"' 01.23' I ~ , 1~ ,:¡¡ ,Z f ~ I V" I um~ " z ~ ~ z C> ~ ~ ,. " ; " w " < ~ 0 .:.