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Kuna Victory Sanitary Sewer and Water Main EasementADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 i BOISE IDAHO 04122109 10:45 AM DEPUTY Randy Jennings II I I I II II I II I II I I III I I II I II II V I I I III RECORDED -REQUEST Of Meridian City 109045638 SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made thi6A dayof Da 20TI between Kuna Victory, LLC, the parties of the first part, and hereinafter called the Gr ors, 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. Sanitary Sewer and Water Main Easement Meridian Sewer and Water Easement (2) 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. STATE OF IDAHO ) ) ss County of Ada ) ��a On this -- dayof�wqjla4 20Lq, before me, the undersigned, a Notary Public inafid for said State ersonal appeared T' and r rr �i C�� , 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 hereunt efhn' - band and affixed my official seal the day -. and year fist above written. sem. KIMBERLY CLARKi Notary Public NOTOffTPUBLIC FOR IDAHO State of lciaho Residingat: Vr Commission Expires: Sanitary Sewer and Water Main Easement Meridian Sewer and Water Easement (2) GRANTEE: CITY OF MERIDIAN Tammy de We ayor Attest by Jaycee Holman, City Clerk 9 '� Q -., 9� �r �s� • ted'°,.,,,. Approved By City Council On: STATE OF IDAHO, ) : ss. County of Ada ) On this day of 4yA. , 20 0,, before me, the undersigned, a Notary Public in and for said State, persorially appeared TAMMY DE WEERD and JAYCEE HOLMAN, 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) •••••.� � f •40••♦• NOTARY PUB -LTC FOR IDAHO Residing at: Commission Expires: Sanitary Sewer and Water Main Easement Meridian Sewer and Water Easement (2) TOOTHNIAN-ORTON ENGINEERING COMPANY Project 'No: 07068 Date: Noverriber 6. 70018 Pa"e: I of I t - EXHIBIT "A" Scv,cr & Water Fasenictit E Jescription 11' 1 1 t T, A -variable width strip of land being a portion of Lot 4, Block I ( I\ ISSELL CORNER r__ SUBDf'VISION, filed in Book 95 of Plats at Paues 11624-11626- Records of Ada County, Idaho. located in Govenirrient Lot 4 ot'Section 19. To -,N nship 31 forth, Ran -C I East. Boise Meridian, City of Meridian. Ada County. fdaho. bein,,,, more particularly described a -s 11611t)\Ns: COMMENCING at the Southeast comer ol'Government 1.ot 4 of Section N. from "viticli the Southvest corner of said Section P). bears S,89'4.222'*W._ I 1303 1 feet: thence. aloe- the East line of said Government Lot 4. A) N.0002916"E., 48.00 feet to the Southeast corner of said Lot 4, Block I ot'MU'SSELL CORNER S L_ IBIXVISION: thence, alone the East line ofsaid Lut 4. also the l"(-Ist line: of said Government Lot 1. 131 N.00029'16"E., 230.00 feet to the POINT OF BEGINNING .- thence. I ) S.89Q-59^3 ) Y -W., 418.00 feet. thence. 2) S. 04024'57"E_ I5. 8 feet: thence. 3) S. 5035'01"W_ 9.00 feet. thence, 4) 5.65`11'` I"W.- 3841 feet- thence, 5) S.85 -35-01-W- 9.00 feet; thence. 6) N_04024'57"NV_ 63.02 feet, thence. 7) N,89"59'31'T__, 474 73 feet-, thence. 8) S.00 -'-I6 "W.- _10.00 feeif to ffie POINT OF BEGINNING. CONTAINING.- 15,508 square feet, more or less. SUBJECT TO: All Covenants. Rialits. Riulits-ol'Wav and Easements of Record. Reference is made to a neap entitled- "Exhibit B -City ofMcridian Sevverk-Vater L'asement.,which is hereby made a Part of this description. (i '*70WAVJ'fiks�.Sl 'I RVF)' Wal'a f-mmAm OW"- F-4 0 TZR�sx 1 Z ,C) w M Urso m E- , z 0 z .< r, Q E- W NOW . 0 ZO Ul COI-' 0( 58 LJ 2 _j < Lj_-xJ li 7 o Z qk z o W E_ 0 0-4 E_ uj u z Z' e.-.fni z CIO Z Z Ln U) Z C) Z) Z IM z z Zc 0 E -- OW"- F-4 0 TZR�sx 1 Z ,C) w M Urso m E- , z 0 z .< r, Q E- W m . 0 ZO 58 :3i > 2 0 0 0 < Lj_-xJ li 7 o Z qk z o W E_ 0 0-4 �4 P4 E- C) 4 L2 E Z. D 0 0 too Z 0 E- t 0 N, w U) Er Uj is Ln -a, b) Lr) z 00 V) t L) U zsg 0 0 E— a4 Al 0 E- 7 2 —to I > 6 _ �4 �' CN C-4 kjo ro 0) n cq s fE L 91) e6 co I G� DM > D C'4 2), T co, YM !E z z Q M A IN TI) Z3 e.-.fni CIO LJ U zsg 0 0 E— a4 Al 0 E- 7 2 —to I > 6 _ �4 �' CN C-4 kjo ro 0) n cq s fE L 91) e6 co I G� DM > D C'4 2), T co, YM !E z z Q M A Parcel name: SEWER -WATER ESM -I North: 696701.78 Line Course; S 89-59-31 int North: 696701.13 Line Course: S 04-24-57 E North: 696686.39 Line Course: S 85-35-01 W North: 696685.70 Line Course: S> 65-1.1-21 W North: 696669.58 Line Course: S B5-35-01 W North., 696668.89 Line Course: N 04-24-57 W North: 696731.72 Line Course; N 89-59-31 E North: 696731.79 Line Course: S 00-29-16 W North: 696701.79 East 2455-579.42 Length: 418-00 East t 2455161.42 Length: 15.38 East : 2455162.60 Length: 9-00 Eaut : 24551.53.63 Length: 38.41 East : 2455118.76 Length: 9.00 East : 2455109.79 Length: 63.02 East : 24551.04.94 Length: 474.73 East : 2455579.67 Length: 30.00 East : 2455579.41 Perimeter: 1057.54 Area: 15,508 Sq Ft 0.36 Ac, mapchecX Closure - (uses listed courses, radii, and deltas), Error Closure: 0.01 Course: N 50-37-56W Error North: 0.004 East : -0.005 Precision 1: 105,754.00