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Sanitary Sewer and Water Main Easement with Lotridge, Fred and Buckendorf, Ben for Angel Park Development .. <. ZIIOOHY 12 PM 2: 20 RECORDED. REal/EST Of ~ ~ :~~u~ ADA COUNTY RECORDER J. DAVID NAVARRO BOIS!.ID,IIHO SANITARY SEWER AND WATER MAIN EASEMENT q.. ¡/.. .. . ¡ '~C1' Buau-'~ THIS INDENTURE, made this -/-Ilf'day of fllYL., 20 DO between ~ Fi2€bLurlb t:6E . I~ 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 ITom 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 mcilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the &ee right of access to such mcilities 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 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. Sanitary Sewer and Water Main Easement Page 1 EASMT.S&W.doc THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract ofland, 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 tbereof 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. ""¿;~ /~ d- ) ~<,1-f Secretary County of Ada STATE OF IDAHO) ) ss ) On this ß ..J.A. day of /'1.4 y , 2000, before me, the undersigned, a Notary Public in and for said State, personally appeared FJ¿Gb J... () ì kl /) &-i? and .l5bv .l:v~bVt>OÆr , 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 havehereilIlto set mý hand and affixed my official seal the day "", """,-" ~"'." 'Ñ. M4.J' :"'t.,d year fist above written. ,$' ~ ..n..... <./ ~~. f~ ,,"0 ,. A.9"'~ '\ ff-.f~ .L~H'I"\~ , \.0 -.- i J \IPJ"" UB\..,O..l!::l1 '\ -9/)"""""" ~i' .+'..."ê OF \\)""",*, .""""""""""""" C)r,. JJ71f Ii fl ~ NOT PUBLIC FOR IDAHO ~M ~~ Commission Expires: ~ . Sanitary Sewer and Water Main Easement Page 2 EASMT.S&W.doc EXHIBIT "A" PROPERTY DESCRIPTION FOR A CITY OF MERIDIAN WATER/SEWER EASEMENT WITHIN A PORTION OF ASSESSORS PARCEL NO. R0425750200 WITHIN LOT 2, BLOCK 1 OF THE ANGEL PARK DEVELOPMENT (INSTRUMENT NO. 970l939l,RECORDS OF ADA COUNTY, IDAHO) WITHIN THE SWl/4 OF THE SEI/4 OF SECTION 5, T.3N., R.lE., B.M. ,MERIDIAN, ADA COUNTY, IDAHO. Commencing ftom the brass cap that is common to Sections 4,5,8 & 9, T.3N., RlE. B.M. located near the intersection ofFairview Avenue and Eagle Road, Boise, Idaho; Thence West along the section line common to Sections 5 & 8, a distance of 1983.08 feet; Thence N 00°1129'33" E, a distance of 52.00 feet to a point at the Southwest Property comer of Lot 2, Block 1 of the Angel Park Development; Thence N 00°29'33" E, a distance of 174.74 feet to a point on the property line common to Lots 1 & 2, Block 1 of the Angel Park Development and the true point of beginning; Thence S 89'32'34" E, a distance of20.49 to a point; Thence N 27'05'22" E, a distance of 38.09 to a point; Thence N 63°25'58" W, a distance of29.22 to a point; Thence 1.27 feet along the arc of a circular curve to the right, said curve having a radius of2l0.00 feet, a central angle 000"20'4T', a chord bearing ofN63°l5'35"W and a chord distance of 1.27 feet to a point; Thence S 25°58'25" W, a distance of 19.35 to a point; Thence S 89"32'34" W, . distance of 1.84 to a point; Thence S 00"29'33" W, . distance of30.00 to the true point of beginning. The basis of bearing is between the said Section Comer and the V. Comer of Sections 5 & 8 as shown on the Angel Park Development Plat (instrument no. 97019391, records of Ada County, Idaho) and bears N 89d48'53" W. "~. """', ~v . "\-', .. '~<', <[' ::;' , 'V , , , , ~' ~C' '\, " '\'Q " .. 'i5'. '1';. '\ " ' ""', , 'Ý;. "" " '\ """"~', '~ '\." ' "",;~>~, 1 '~"" "'f..... """" - C1 ""'I '-----. ' /to', 1 """"........ '-----., ", Ž 83' '.', -----., "" -----~.]. ~S8" """"""""........-----', "'... ----------- . Lr- """..z~3~' ~"""'" --------------- f WfI~\ ' ........ '$, ' "", ---.¡. L1 ", " -------------- . "', "",. \ ,_____n_____- ! -/W'~ ~~ ,,",,0 \ \ SE ", \ \ò\ \ \!, , I' \ Ii , ~/ \ .~ \ \ , I I : , . c.P."'.INS1R. No. '74 '-000"",.1. ". .~ ~~ . -,........."".................................. "":~..... .~~c....~.:~.... ~:;;;~J "'I" '~".' _.-~ .- /"-', '. -, ..............,'!-"- ""'/""" ""-' EAST FAIRVIEW AVE. CHuRCH ANGEL PARK DEVELOPMENT LOCATED IN A PORTION OF THE SW 1/4, SE 1/4, SECTION 5, T.3N, R.1E, 8.M., MERIDIAN, ADA COUNTY, IDAHO LOT f BLOCK f .. !:¡' § LOT 2 BLOCK f \ \ ,------------- 33.10' ~ N 89'3S"õS":"". ¡;¡---;44.89' ------ ----- ----- -- EASEMENT UNE TABLE UNE LENGTH BEARING L1 20.49 S89'32'34"E L2 36.09 N27'O522"E L3 29.22 N63"25'58"W L4 19.35 S25'58'25"W \ L5 1.84 N89'32'34"W L6 30.00 ~00'29'33"W URVE TABLE CUR LENGTH RADIUSl ~I 1.27 210.00 II~ '~-.L-~' '~'= ~/ . EXHIBITB I