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Gramercy Sewer and Water Main EasementADA COUNTY RECORDER Christopher D. Rich 2018-015791 BOISE IDAHO Pgs=5 LISA BATT 02/21/2018 02:46 PM CITY OF MERIDIAN, IDAHO NO FEE SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this day of6erantors, 20 between 1 ; , d '# W, e' parties of the first part, and hereinafter called 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 malting 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. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed Sanitary Sewer and Water Main Easement REV. 08/15/16 Meridian City Council Meeting Agenda February 20, 2018 — Page 198 of 601 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 r -M On this day of 20 before me, the undersigned, a Notary Public in and for said State, personally appeared t5 M7CL5a—,- and si a if-cy 5 —, known or identified to to be the President and Secretary, re9pectively, 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 fil �iMjve written. .. ........ 'NOTARY PUPIC FOR IDAHO Residing at: Commission Expires: WOO 0 X 0 Sanitary Sewer 0 hin"Easement REV. 08/15/16 Meridian City Council Meeting Agenda February 20, 2018 — Page 199 of 601 GRANTEE: CITY OF MERIDIAN EKIDIANf- N IDAHOJ SEAi7-'.5) Approved By City Council On: — d-1 � / & - STATE OF IDAHO, : Ss. County of Ada Onthis 2() dayof hj2Ljarjj , 20j 8, before me, the undersigned, a Notary Public in—Q and for sa-id State, personally geared 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. �P"= NOTARY PUBLIC FOR ILYAHO Residing at:,'+r'jjAk&A—'yj Commission Expires: 3.2 $ - a�tOaD Sanitary Sewer and Water ain Easement REV. 08/15/16 i roz-9 j EXHIBIT V. Ai Legal Description Gramercy Heights Subdivision No.,,2 - City of Meridian Sewer and Water Easement An easement located in the NE % of Section 20, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at the northwest corner of the NE % of said Section 20 (N % Corner), from which the northeast corner of said NE % bears N 89*46'02" E a distance of 2656.88 feet, Thence N 89046'02" E along the northerly boundary of said NE % a distance of 1306.86 feet to a point; Thence leaving said northerly boundary S 0"13'58" E a distance of 45.00 feet to a point marking the northeasterly corner of Gramercy Subdivision No. 1 as shown in Book 99 of Plats on Pages 12619 thru 12622, records of Ada County, Idaho, said point also being the northwesterly corner of Bonito Subdivision, as shown in Book 85 of Plats on Pages 9783 thru 9788, records of Ada County, Idaho; Thence S 1°42'39" W along the easterly boundary of said Gramercy Subdivision No. 1 and the westerly boundary of said Bonito Subdivision, as well as the easterly boundary of Accolade Subdivision No. 1 and the extension thereof as shown in Book 106 of Plats on Pages 14657 thru 14660, records of Ada County, Idaho, a distance of 2398.75 feet to the POINT OF BEGINNING; Thence continuing along the easterly boundary of said Gramercy Subdivision No. 1 S 1 °42'39"'W a distance of 30.02 feet to a point; Thence leaving said boundary S 89054'13" W a distance of 148.99 feet to a point; Thence a distance of 43.14 feet along the arc of a 75.00 foot radius non -tangent curve left, said curve having a central angle of 32'57'25" and a long chord bearing N 45004'03" E a distance of 42.55 feet to a point; Thence N 89054'13" E a distance of 119.77 feet to the POINT OF BEGINNING. This parcel contains 3944 square feet (0.091 acres) and is subject to any other easements existing or in use, Clinton W. Hansen, PLS Land Solutions, PC ILL L A �,%DD August 29, 2017 lex-O--\-s T �i t, X 0 M 11118 M t'j (,'1 4' Of ©� 0 w W NP Gramercy Heights Subdivision No. 2 b I i -1 fil 0 "n, ; 5 Job No. 17-33 land Surveying and Consulting Meridian City Council Meeting Agenda February 20, 2018 — Page 201 of 601 "' 137 X H I W T GRAMERCY HEIGHTS SUBDIVISION NO. 2 CITY OF MERIDIAN SEWER AND WATER EASEMENT CURVE TABLE CURVE # LENGTH RADIUS DELTA I BEARING CHORD Ci 4114' 75.00' 32-57'25- 1 N45 -04'03'E 1 42.55' GRAMERCY HEIGHTS SUBDIVISION NO. I BK 109, PGS 15491 - 15493 1 1 1 17 BASIS OF BEARING 1/489-46'02" E E. OVERLAND RD. 2656.8 POINT OF 1306. w 20 1 BEGINNING 10 ACCOLADE SUBDIVISION NO. I — — — — — — — — E. COPPER POINT ST. BK 106, PGS; 14657 — 14660 S89*5 13 148,99- E. GRIFFON ST. z cO.Vi un en (D O. @ C-3 cO/; 61 86 0 0 Q) SM 2 CD w cn R En 17 116 20 21 vi LLan ?1utimons Of 0 so 100 200 0 W. Land Surveying and Consulting 231 E. STH ST., STE. A MERIDIAN, ID 83642 (208) 288-2040 (208) 288-2557 fax www.fandsolurions.b1z Meridian City Council Meeting Agenda February 20, 2018 — Page 202 of 601 POINT OF N89*54' WE 119.77' BEGINNING — — — — — — — — — — E. COPPER POINT ST. S89*5 13 148,99- z cO.Vi un en (D O. @ C-3 cO/; 86 0 0 Q) SM 2 In THOUSAND SPRINGS SUBDIVISION NO. 5 1 BKI 79, PGS 8534 — 8536 LLan ?1utimons Of 0 so 100 200 0 W. Land Surveying and Consulting 231 E. STH ST., STE. A MERIDIAN, ID 83642 (208) 288-2040 (208) 288-2557 fax www.fandsolurions.b1z Meridian City Council Meeting Agenda February 20, 2018 — Page 202 of 601