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Baraya Sanitary Sewer and Water Main C2ADA COUNTY RECORDER Christopher D. Rich 2018-029803 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 04/04/2018 02:36 PM CITY OF MERIDIAN, IDAHO NO FEE M'1241110e sI "I THIS INDENTURE, made this a , day ofAQrE3, 2019 between Challenger Development Inc. . 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, ifs 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. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed Sanitary Sewer and Water Main Easement aay 0, 2 C 2 REV. 08/15/16 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 signatures the President Secretary STATE OF IDAHO ) ) ss County of Ada parties of the first part have hereunto subscribed their -in above written. On this day of 20 before me, the undersigned, a Notary Public in and for said State, personally appeared — P,( )/-etA 8)Ae-W and - known or identified to me to be the President-and- -Seffetwy, 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.' Sanitary Sewer and Water '(3c,y-a�a 4 2- C2 — , NOTARY PUBLIC FOR IDAHO Residing at: MALWA Jh Commission Expires: ' ' L-t) REV. 08/15/16 GRANTEE: CITY OF MERIDIAN Tammy deW) At by C.* Coles, City Clerk Approved By City Council Or. STATE OF IDAHO, ) : SS. County of Ada On this 2ro\ day of 2( q1, before me, the undersigned, a Notary Public in and for said State, personally appeared 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. (�)d b)( NOTARY PUC FOR ID Residing at: W) Z4UttDLAO Commission Expires: 3 -Q-2- ate Sanitary Sewer and Water Main Easement REV. 08/15/16 Exhibit A DESCRIPTION FOR MERIDIAN SEWER AND WATER MAIN EASEMENT BARAYA SUBDIVISION NO. 2 A permanent easement located in the NWI/4 of the NE1/4 Section 15, T.3N., R.1W., B.M., Ada County, Idaho more particularly descried as follows: EASEMENT C2: Commencing at the N1/4 corner of said Section 15 from which the E1/16 corner of said Section 15 bears South 89015'23" East, 1320.35 feet; thence South 76*48'21" East, 912.41 feet to the REAL POINT OF BEGINNING; thence North 7902926" East, 23.79 feet; thence South 89°15'34" East, 83.14 feet; thence South 65*48'50" East, 43.23 feet; thence 119.90 feet along the arc of a non -tangent curve to the right, said curve having a radius of 145.00 feet, a central angle of 47*22'39' and a long chord which bears South 29025'62" West, 116.51 feet; thence South 53°07'11" West, 66.48 feet, thence North 36*5249" West, 68.80 feet; thence 166.58 feet along the arc of a non -tangent curve to the left, said curve having a radius of 50.50 feet, a central angle of 176'31'13" and a long chord which bears North 03*16'21" East, 100.95 feet to the REAL POINT OF BEGINNING. w Z Lo LA__ wavr O ��w O tr (n 1 (R 3 uWi' v to w' 1 in l GT i ® o uWi 1 Ww i I o o QD I W m (1)@ cD IV l 1 lv a Lo os p K o YA Wl Icy: I ': Q O O 0 0 0 O 0 0 6 m e I is m�N 4 ®r LL. <t to .' . m nr; _ N56'01'02" W z l �I IN, i I to 25 100 400 F- o so 200 sop o 1 Ei La vi '� ' Wim; SCALE: 1" = 200' ►: Iw `^ : I o w PG LA 0 00 : ; 1 ui' S (D :.'' m w o �oRY a In G.'G 7� s,.�..,.....F.... ��.�...s�, ion No. EXHIBIT B DRAWING FOR 16-32 32 � w IDAHO ' 163 H1 1459C.WATEWO ERST. MERIDIANSEWER AND WATER MAIN EASEMENT SHEET NO. SURVEY MERIDIAN, BARAYA SUBDIVISION NO. 2 1of2 � (208)848�85T0. OWG. GATE GROUP P C, LOCATED IN THE NW 1/4 OF NE 1/4 OF SECTION 15, 7.3N.. RAW., O.M., 12�8JArE ADA COUNTY, IDAHO AP 25 100 0 50 .W 150 SCALE: 1 50' CURVE TABLE CURVE RADIUS LENGTH CHORD DIST. CHORD BRG. DELTA C14 50.50 155.58 100.95 N 3'16'21 " E 176'31'13" C15 i 45.00 119.90 116.51 529'25'52"W 47*22'38" IDAHO LINE LENGTH 1450 E. WA71IRTOWER ST. Ll SUITE 13D SURVEY MERIDIAN, IDAHO 83042 25.00 (208) GROUP, P.C. 39,00 LINE TABLE LINE LENGTH BEARING Ll 39.00 N53*07'11"E L2 25.00 S36*52'49"E 1.3 39,00 553'07'11"W L4 25.00 N36-52-49"VI LA.( -11L71 I =- UlNr'%Vv INv I wl% 16-332 MERIDIAN SEWER AND WATER MAIN EASEMENT SHEET NZ BARAYA SUBDIVISION NO. 2 2of2 LOCATED IN THE NW 1/4 OF NE 1/4 Or SECTION 15, t3N,, RAW., B.M., DWG, DAT ADA COUNTY, IDAHO 12/8/201