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Sanitary Sewer and Water Main Easement with M&L Limited Partnership for Louies Restaurant CITY OF MERIDIAN PUBLIC WORKS DEPARTMENT LETTER OF TRANSMITTAL --------- - ----- -__nu_____- - May 11,2000 To: Chris Mallane ADA COUNTY RECOftOER J. DAVID NAVARRO BOISE. IDAHO RE.C.ORDEO.~~..~ FEE~VEPUTY . ~IOOO36264 From: ZOIIUHY 12 PM 2120 Rick Clinton Engineering Technician Subject: Louies Restaurant # 2000-151 2 Original water and sewer easements These are transmitted: D For your .¡ For action 0 For review 0 For your use infunnation specified below and comment 0 As requested Remarks: I'm returning the original documents to you, as the Recorders Office rejected them. Cheryl Sable bas indicated that the color of the notary stamp (orange) is unacceptable to them. Per our phone conversation you have agreed to' rectifY the problem, record the documents and return the recorded originals to my office on 5-12-00. This should not affect the status of your plan review as long as we receive the recorded originals tomorrow. Thanks Copy to: File, Daunt W., Cheryl S. Signed:~ eff Rockwell Architecture by fax 375-9858 The land Group by fax 939-4445 200 E. Carlton, Ste. 100 Meridian, Idaho 83642 (208) 887-2211 Fax (208) 887-1297 SANITARY SEWER AND WATER MAIN EASEMENT TillS INDENTURE, made this -B- day of rt'o..J, 20.Ð(Lbetween ff\ t. L I i IMI'~ .p~~'fSt.w'P the parties of the first part, and hereinafter call~ Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WIINESSETH: 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 fåcilities, together with their maintenance, repair and rep1acement 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 perrn¡ment 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 I EASMT.S&W.doc THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed ofthe 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 WIINESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. &. ~~~~~~~ ~\..,c- 6e~ I ~ , (7.0\l f~(kl' STATE OF IDAHO) ) ss County of Ada ) On this 'Ð-ft-- day of ...fl/tu.v . , 20.ð:1, befure me, the undersigned, a Notary Public in II11;d for said Sta~ed 1'Y'J.tLj X A al h1tJðA~ and f'.ð ) lfllÂJ,L (l\n,CDJlJIo-IL , known or identified ometobethe~and ~11l~ r ~r~ -8eeretary, respectively, 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. ",\\\\\\"""",...".~ "','" M,;¡ #~ ~;~,...../~ l,§ /'0 "r, A~>.~~ ~ -': <' -e- : \ \.() cd '" ú"" lIB\..',,'~ \-r".~ .,."""...,<,\'tf ./' ""JE: OF \'v",,' "...""""""""""""," , 'i," ~ NOT PUBLI OR IDAHO Residing at J~ ~ Commission Expires:. . ';;¿ / ~ Y I flU/ '"",.. :' -::,:" ", ~ 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. R0425750100 WITHIN LOT I, BLOCK 1 OF THE ANGEL PARK DEVELOPMENT (INSTRUMENT NO. 97021046, RECORDS OF ADA COUNTY, IDAHO) WITHIN THE SWI/4 OF THE SEI/4 OF SECTION 5, T.3N., R.lE., B.M. , MERIDIAN, ADA COUNTY, IDAHO. Commencing from the brass cap that is common to Sections 4,5,8 & 9, T3N, RIE B.M. located near the intersection nfFairview 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°29'33" E, a distance of52.00 feet to a point at the Southeast Property corner of Lot I, Block I 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 N 89°32'34" W, a distance of293.99 to a point; Thence N 00"27'26" E, a distance of28.48 to a point; Thence N 44'32'34" W, a distance of9.57 to a point; Thence N 89°32'34" W, a distance of 252.62 to a point; Thence N 00'27'26" E, a distance of 34.00 to a point; Thence S 89'32"34" E, a distance of259.38 to a point; Thence N 00'27'26" E, a distance of79.00to a point; Thence S 89'32'34" E, a distance of20.00 to a point; Thence S 00'27'26" W, a distance of 89.48 to a point; Thence S 89'32'34" E, a distance of 11.69 to a point; Thence S 00'27'26" W, a distance of20.00 to a point; Thence N 89°32'34" W, a distance of9.84 to a point; Thence S 00"27'26" W, a distance of3.85 to a point; Thence S 44°32'34" E, a distance of 6.95 to a point; Thence S 89°32'34" E, a distance of267.25 to a point; Thence S 00°29'33" W, a distance 000.00 to the true point of beginning. The basis of bearing is between the said Section Comer and the V. Corner of Sections 5 & 8 as shown on the Angel Park Development Plat (instrument no. 97021046, records of Ada County, Idaho) and bears N 89d48'53" W. ) Ì',~O" ~/. ..:.ò..~;.-::..<- ."°1" '"' NO., // . ~'::~.::.;;~:::~---- .,/ ¡¡¡-...:... - '"'--. -', /,' .,¡~¿,-::-"::::'- ~'- .-::..... ;/ ' --',>, . " -.:.:¡¡,.,.. ¡ V . '4('~- I' ' , ,'". . ",', -;. ", -. '-', , '" '"" , "~" "\"~~" " , ,~' ',,', oJ' ~>, ,;,. ,,-', ~. '" "'( \", , '~" '\. "'-:\", , '>'" \" '\~" " '~'-. '<i ~~'" " ,:----r..-..i ~'H..... <:.> -- -"":" '. " . -, í ~ <:<:::-- -j ""~,.--.....'~-, '- -..... . . " '«::'~~'" -. -<";\ ",0 '\' " ' ~ \\ \ ,\ , \" , \~- \ ".. .. I . : : . ANGEL PARK DEVELOPMENT LOCAlED IN A PORTION OF THE SW 1/4, SE 1/4, SECTION 5, T.3N, R.IE, B.M., MERIDIAN, ADA COUNTY, IDAHO " , , I I I I I i ~ ~ I I I I I I ~ EASEMENT UNE TABLE UNE LENGTH BEARING UNE LENGTH BEARING L1 293.99 N89'32'34"W L9 89.48 SOO'27'26"W L2 28.48 NOO'27'26"E L10 11.69 S89'32'34"f L3 9.57 N44'32'34"W LII 20.00 SOO'27'26"W L4 252.62 N89'32'34"W L12 9.84 N89'32'34"W L5 34.00 NOO'27'26"E L13 3.85 SOO'27'26"W L6 259.38 S89'32'34"E L14 6.95 S44'32'34"E L7 79.00 NOO'27'26"f L15 267.25 S89'32'34"E L8 20.00 S89'3?'34"E L16 30.00 SOO'29'33"W LOTI ..- , """ , '."""€SN" "N" <-0 Lor; ..-, ...........................n...""" - - == -= == -= == -= ===: == -; 'i,;¡,~==:::;: -= == -= ==- -= =- - ~ - -- N ,,',,'õ;,";¡--;:;¡-,,' ~ EXHIDIT B